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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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GMANN

Filing a criminal complaint

Question

I was discharged in 1977 with a 10% rating. Had a re evaluation in 1978 at VA hospital in Los Angeles. The doctor recommended and I have letters from the VA stating the rating was increased to 20%. When I went to them, they said it was all a big mistake, "clerical error". Three claims attempts later, all denied. I have a request in now for my c-file. My question is; has anyone had any experience in filing a complaint, criminal or civil against the VA?

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I filed a complaint to the VAOIG.  (As far as I know, VA employees are immune from "anything but" the VAOIG.)

VAOIG responded, "Tell that RO (VARO) you were shredded".  

I told the VA I was Shredded.  (Evidence had been destroyed by VARO).  It went exactly "nowhere".  

I saw a note in my file where a higher level review officer stated, "I dont think this is a valid case of shredding", and went on to explain, that, while evidence was mishandlded,

"The shreded documents were not in the 18 month official "shredding period" beginning in October, 2008.  For that reason, it went nowhere.  

However, I did file a writ of mandamus that was denied, but, the judge ordered the VA to "respond to my complaint".  

Nothing happened, again, EXCEPT, that, about 4 months later, I was sent a decision which awarded 100 percent P and T.  

So, my advice is to not file a complaint, but rather build it up and document it and file a writ of mandamus.  

 

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GMANN Good advise from broncovet if it fits your situation: First, if whatever your disability was is what you still have right now, and, if you could get a doc to give you a IMO that says the condition you now have is a result of your s-c event and the condition is should have been established back in 1977, you could appeal using a lawyer. The back pay would be significant for 40+ years. If your condition doesn't show that it should be rated now at 20%, the only way you could win is if the diagnostic codes where changed from when you were first rated. What was the basis for denial?

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Thanks Broncovet and GBArmy,  I believe i will go ahead and file another claim. I have the letters from the VA stating the increased rating after I was evaled at the VA hospital. This was for a hand injury that they rated as a painful scar. I have copies of my med records and there was clear involvement of the thenar nerve, having had nerve conduction studies done. I spoke with the National Veteran's Legal Services Program, they advised filing again and if denied, they will take the case. I just put in a request for my c-file, dying to see what's in it, and I'm not even sure if the VA has my med records. The writ of Mandamus is a good idea though, something I had not thought of. I'll keep holding their feet to the fire. I will win! Thanks for the support!!

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