VA Press Release on delayed mail

[Berta]

 VA statement on GPO printing and mailing delay

"WASHINGTON — Due to supply chain and staffing shortages, the vendor contracted by the Government Publishing Office to provide printing services for the Department of Veterans Affairs is experiencing delays in printing and mailing notification letters to Veterans and claimants. The disruption may impact the ability of some claimants to meet required deadlines via written correspondence with VA.

In response to the mailing delays and to protect the best interest of claimants, the Veterans Benefits Administration is extending their response period by 90-calendar days for claimants with letters dated between July 13, 2021 and Dec. 31, 2021.

 

If a claimant does not reply to a time-limited notification, such as, making an election of benefits or services, or reporting for a scheduled compensation and pension examination., VBA will not take adverse action to deny, reduce or terminate benefits and services unless: 1) the claimant is contacted and there is documentation of their right to respond; 2) the requested information has been received; or 3) the response period has lapsed.  

 

VA and GPO are proactively working to quickly address the mailing delays. For questions on this matter, Veterans and claimants can contact VA at 800-827-1000.

 

Veterans who filed an appeal with the Board of Veterans’ Appeals can click here for information specific to Board correspondence, scheduled hearings at the Board and receiving your Board decision."

https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5744

[Berta]

I am preparing a letter to Secretary  Denis McDonough, because this delay problem brings up one of the biggest problems veterans can have-that is- obtaining a copy of the C & P exam, which will control the outcome of their claim.

I found many ways a vet can do this on google- but some of the advice conflicts with other google advice.

Also the last time I reguested a posthumous C & P exam result was some time ago and I dont now how I got it- but it did involve me called the White House Hot Line.Twice.

A VA "doctor" who did not treat VA patients and who had no medical background at all on HBP,not only did not read my mdical evidence fron a VA Central cardiologist,who also had expertise in HBP, but also the "doctor" stated that the C & P exam was an "inperson review".My husband by then had been dead for over 20 years, so that prompted another call to the WH Hot Line.

In any event I filed CUE on the denial the same day I got it and VA reversed and awarded within 3 weeks.I did not have a copy of the exam when I filed CUE-I already knew the denial violated 38 CFR 4.6.

I do not know why the VA cannot send any veteran or survivor a copy of the C & P exam as soon as it is prepared. This would give a big leg up to anyone who has had a faulty exam that they can combat with evidence right away. In some cases the claimant will need an IMO/IME, and a copy of the exam right away could help them seek and hopefully be able to afford, a strong IMO/IME that could warrant an award instead of denial.Or request a better exam with good cause.

I feel our rights are violated by the way the VA "owns" the exam until they make a decision. But I need to find more legal beagle stuff to bolter my opinion.

Can a few of you tell us how you got a copy of your C & P exam(via VES,LHI, or QTC?

How long did it take to get it?

Were you successful in combatting anything in it that was not true ?

Did you fully google the examiner to see if they had the expertise they needed to actually opine on your claim?

Were you successful in getting another C & P exam that supported your claim?

The mail delays are one thing- but lousy C & P exams have caused many claimants to either give up or be unable to challenge them or worse of all, not even know that they can be challenged....this has gone on FOR DECADES !!!!

I was a little shocked even by a lawyer's advice on how to get a copy  of the Exam.

But they probably meant how to get it after the claim had been denied.

There is another issue I intend to approach the Secretary with as well.........

HBP should become a AO presumptive.*

Th cost factor is one thing the VA will gripe about but the fact is that many AO veterans are dying and many of their survivors will not succeed in DIC anyhow-

and even if they do a survivor's DIC is far less $ than most direct SC awards to veteran's are.Also aging survivors of Vietnam vets often need a lot of help with their claims, and they have to rely on vet reps or VSOs who might not have  clue on DIC.

A DIC advocate I know was giving some widows the wrong advice and when I corrected her ,with the actual DIC regulations ,she never called me or emailed me again.I hope she didn't get sued.

* Only if HBP from AO becomes a part of the Nehmer class action, Footnote One will it become "costly"  to the VA. But I really dont care how much it would cost., because the VA wastes plenty of money anyhow.

https://osc.gov/News/Pages/20-07-VA-Wasted-223-Million.aspx#:~:text=in Denied Care-,VA Wasted %24223 Million on Transport Services%2C Failed to Pay,Bills Resulting in Denied Care&text=OSC has alerted the President,%24223 million in wasteful spending.

https://www.military.com/daily-news/2019/03/07/va-flagged-high-risk-agency-waste-mismanagement.html

https://www.ajc.com/news/expensive-medical-supplies-expire-at-atlanta-va-due-to-poor-management/J545HZBNKBHJBKDHUCIFKX35PE/

and In part:

"Other examples of wasteful government spending uncovered through ‘The Waste Report’ include $8 million spent by the Department of Veterans Affairs to purchase solar panels that were never used "

https://www.paul.senate.gov/news/sen-rand-paul-highlights-18-billion-wasteful-spending-through-weekly-waste-reports

 

 

 

 

 

 

 

Edited December 3, 2021 by Berta
added more

[Marine Corp 69/70]

Berta You can call your regional office after the C&P is send to the VA and they made a decision. When you call the regional office you can go down and get a copy or they will fill out a information of freedom act and will close it out the same day and email it to Janesville,and after 10 days they will email you the C&P exam. About the VA mail it’s a lot of BS, the regional office can call your local VA hospital each hospital has a C&P office inside the hospital and have them call you to come in or mail any important information time sensitive documents. (VA could careless about you or your claim)it’s all about MONEY.

 

[Berta]

Right- You can get a copy of the exam "after the C&P is send to the VA and they made a decision. "

I feel a claimant should know, as soon as the exam is done, what kind of a fight they might be in for-and could start  rebutting the exam and.or  even ask for a better one,that considers all of the evidence the examiner had.

But maybe this is not a problem for most veterans at all-

The BVA, when I had 3 IMOs for my claim and VA had 2 against the claim , remanded my AO direct SC death claim to get a third opinion, from a cardio doctor.

I was thrilled knowing that a real cardiologist would support the claim, but then my VAOLA paranoia kicked in right away and I orrdered a fourth IMO from an independent cardio doctor.

I go a copy of the C & P exam right away- the BVA had ordered a cardio opinion- myopinon was done by a PA. I rebutted it immediately with the BVA ,as the opinion was to speculative and did not consider the wealth of evidence I had .that a real cardiologist would have considered.

The BVA agreed with my lay medical rebuttal -I had studied cardiology extensively to succeed in my FTCA case.

Within what seemed to me to be a very short period of time, the BVA awarded my claim.I called th independent forensic firm to see if their opinion had been prpared because I didnt need it anymore.They refunded about half of the IMO fee.

In my opinion ,after going around the VA block for Many years, and based on what a VA doctor told me long ago about C & P exams, they are most often geared specifically ,to enhance the ability of  the RO ,

                                                                       to deny the claim.

 

 

 

[Mr cue]

Berta I was hoping some press the va on this new comp exam thing.

It makes no sense and I does put veterans at a disadvantage.

Why would a veteran have to do a freedom of information act to get a copy of there comp exam.

The private company comp exams.

Are been been done by professional and the veteran will no even understand or be able to say anything before that person report is put into there record.

I still do not understand how Lockheed Martin  can own qtc.

And no one see a problem.

 

[Marine Corp 69/70]

Berta.  Even if you find out ten minutes after your C&P exam the rater would take the decision that the C&P doctor said, that’s the way the systems work. That the reason the va doesn’t allow you to have someone in the room with you. When you use to go to the Va hospital for a C&P as soon as the doctor wrote up the exam you could go to release of records and get a copy, them it was changed to Three days now it thirty days. So you can’t go to the C&P office in the hospital say that there was something wrong with the exam. The VA isn’t your FRIEND.

[pwrslm]

My last 3 exams I had my cell recording on. Went home and transcribed it so I could be sure to remember everything the examiner did and said. Surely, I cannot present that as evidence, but it makes my memory much more credible and accurate. If I need to appeal the C&P I have a much better shot then not with this.

ROI is now prohibited by VA from releasing your C&P exams because of complaints that the examiners fear attacks from violent out of control Vets who are pissed off because they believe the examiner screwed up C&P's (non the vets fault). That's the reason behind it...if it is true or not I have no clue because they did not document this issue.

Edited December 5, 2021 by pwrslm