VA Mail Problems.

[Rattler]

 In one of the conversation last week with 800 Betty I found out that the VA is having problems with its mail system. So if they have issued an decision in your case and you have not received the letter yet. (At this point the 10 days do not matter) You can get them to email it to you. (I don't recommend it as its hard to open and I'm a retired IT Guy) Or they can Fax it to you. That's what I did as I have an online Fax account.

[brokensoldier244th]

Its been a 30 day suspense for most things  since at least 2009. Its not a required 30 days, if the veteran responds prior to that, then great- the suspense date is closed and it moves on to the next thing that the claim is waiting for. The suspense date is also not 30 days for all things, but, then again, WE didn't set it. 38 CFR § 21.32

 

As for the rest- I can't speak for it, it predates my working there. I remember sending things to the RO rather than Janesville, but I imagine, based on my actually seeing the inside of a working RO that it was in part due to space required in the buildings that they have and the costs associated with maintaining it.

The building that my RO had prior to moving to their 'new' one (10 yrs+ now) was twice the size, with inadequate parking and adjacent to a planned parenthood clinic that was always being protested by busybodies. The extra space was for mail processing and scanning. Not optimal, and not cost effective. VA is on a fixed budget other than comp payments, and we have to ask Congress for funding every year, as opposed to the DOD and some other offices. When we ask for more rather than less, some Senator (likely not a veteran, either) sticks their nose in and tries to tell us how VA should be run like a business, and trying to micro manage everything from pay to pencils. 

Personally, at this point of the year I'm a little pissed because I literally rated almost 100% in all categories for my yearly review- output, consistency, accuracy, etc., yet because of the current budget squabble dragging out I won't know until sometime next year when I will receive a bonus that I would usually receive, or how much, or even IF. Space reductions were in response to congressional meddling, and constant pressure to rate and process MORE claims, with LESS staff and resources available (this goes for VHA as well). And all of this with a 2 front war going on for 20 yrs, meaning MORE veterans coming back all screwed up. 

[pwrslm]

14 hours ago, brokensoldier244th said:

Nobody needs a lawyer for an initial claim.

This is probably why there are so many appeals. Imagine if there were a lawyer that put these claims together (employed by the VA). A lawyer paid as an advocate for veterans, imagine that!

1-The claim would be right the first time

2-The lawyer would insure that the claim was idiot proof

3-Tens of million that are being spent litigating claims at the BVA and CVA could be cut from the budget.

I think that #3 is why they do not want this. Even if they brought in MLS (Masters in legal studies)or certified law clerks (BA degree) it would benefit both the VBA and the claimant. They try to fix things from the top down instead of tending to where the problem originated. Solve the problem at the source, and you will get very few appeals. A legal advocate for the veterans and the RO in the same room with the claimant would solve most problems before they began. They can be part of the PACT. Imagine that. The entire process can be done in one appointment with the PCP doing the C&P exam the same day.

 

Common sense is not a prerequisite for government employment.

Edited November 4, 2021 by pwrslm

[Mr cue]

Well I been doing this va thing for over 20 years.

I ain't never had to waiting a month or more to get any letter from the va.

This is out of hand.

Veterans were able to get there comp exam results in 3 day just walk in VA hospital.

Now u got do a freedom of information for your own exam. Get real.

No more bva number you will never get a call back from them. It been over 5 month.

Of irs White House hotline 

 

The 1800 got to send a irs to get a response and they will not even respond to them.

I have never had this many exam in my life I apply for smc in 2018.

I have had more that 10 exams and they still shopping for medical opinion.

I can't wait for this to be over. I will never do a claim again.

 

 

 

[brokensoldier244th]

You suspect the VA of padding for litigation budget, but you want the lawyers employed by the VA? 

/=

 

Anyway, I see as many appeals go through with lawyers that are approved as much as they are denied. Just because someone has a weak claim won't stop them from filing on their behalf- they pad it with 10 pages of completely BS legalese, and Web MD studies that don't pertain to 'you', and all sorts of other stuff, with veiled threatening language, in the hopes that something sticks. 

#3 makes no sense, anyway- its not like that money stays in the budget to be reallocated somewhere else within the VA- maybe they wouldn't have to spend so much litigating it, but then again, it wouldn't free up money for anything else. It would be absorbed back into the CBO and VA would have a net loss of budgeted funds, meaning they would have to request MORE the next round to get back to where they were to make up the shortfall in order to use the money for something else within VA. 

Edited November 4, 2021 by brokensoldier244th

[pwrslm]

The US Code, CFR, and the massive collection of information provided to RO's that process claims are all provided through a legal network of lawyers. Veterans must negotiate through it all to get a claim submitted.  Whodathunk that there would be so many mistakes that end up in appeals where lawyers are paid to fight against Veterans? 

They call this a non-adversarial system, so what is wrong with a legal advocacy representation to help vets submit claims? Its a lot cheaper to get it right the first time instead of spending billions on appeals.

 

"BS legalese, and Web MD studies "

 

Science is the foundation of medical practice. Studies on Web MD and other found in the NIH database demonstrate medical knowledge, which is usually a very powerful way to show a Judge how big a mistake by a Dr. or other "qualified medical professional" is. It is sad to think that facts like these get such low opinion at the RO level.

Edited November 4, 2021 by pwrslm

[brokensoldier244th]

      There already is legal advocacy- the VSO's. There is also no shortage of other organizations, legal and otherwise, that will assist in filing claims (Im thinking groups like NVSLP, for example- they aren't VSO's but they aren't employed by VA, either). 

VA has lawyers on staff in many RO's and VAMC's.  https://www.va.gov/ogc/docs/LegalServices.pdf 

     Web MD studies do not mean a whole lot in the way of evidence unless you were part of the individual study parameters. Its not "sad" its the reality of how a good scientific study is conducted, and what the results mean afterwards. The parameters specifically address only the study group and the control group. The findings "may" apply to 'you', a veteran, but your doctor has to cite the study and how it applies to you. You can't just print off a ream of Web MD and say "this involves me......".

     It has nothing to do with holding them in a low opinion, it has to do with the reality of what a scientific study means, how its conducted, and what it's results apply to- and if you weren't in the study, that isn't you. I'm sorry that you disagree, but that is the evidentiary standard for any scientific study. I've done them, and I've had to deal with human studies boards to get approval to do them when I did my Masters in Education. That's just the way it is.

    Lawyers know this, too, but they still throw it all in there hoping it slips by, which is predatory, in my opinion. Lawyers aren't providers either, and also cannot render a diagnosis- especially based on a medical study conducted on a group that you weren't a part of. They certainly aren't in a position to decide that a study applies to you- they are no better than lay people in that regard, and the evidentiary value of any lawyer interpreting a scientific study is the same as you filing a buddy letter. If this was not the case there would be no need for expert witnesses in any trial needing the interpretation of evidence. 

     Unless a study is cited by one of your providers rater's can't use it for much in the way of evidentiary value because raters are not medical professionals and its not their job to diagnose you based on medical studies, symptoms, or anything else. They apply the medical findings from YOUR doctor against the standards set by Congress in the various CFRs for the severity of a disability. That's it. They have a lot of training in deciphering the jargon in the notes and studies and how it applies to your clinical findings but they legally can't render medical decisions.