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White House Hotline VS IG complaint


pacmanx1

Question

Can a veteran file a complaint of delay in processing his/her BVA grant/remand to the IG or the White House Hotline? My appeal was granted/remanded. The RO failed to process this grant/remand and certified my appeal back to the BVA. The BVA had to Order a second grant/remand to get the RO to implement their decision. This second Order was implemented, and the remand completed but this caused a delay which caused my appeal to be returned to the BVA a year later and now my return remand is still pending whereas if the RO completed/implemented my original grant/remand, my returned remand would be completed by now. Can an IG complaint/White House complaint get it moving any faster?

My second complaint is, I reopened an already service-connected disability. I requested an EED based on VAMC medical records that were not used in determining my current effective date. I reopened my claim based on 38 CFR 3.156(b) and the regional office scheduled me a C & P exam and then completely ignored their own C & P examiner’s medical opinion that my records proves/proved that I was diagnosed and treated long before my current effective date. Even though these claims are similar they are totally different because they are two separate claims but yet the RO continued my current rating, and both of these claims has to be a violation of 38 CFR 4.6. Can an IG complaint/White House complaint get it moving any faster?

Can't file for advancement on the docket, it does not apply at this time.

 

 

Edited by pacmanx1
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I don't think either work I try both and they didnt work.

I would file a petition for extraordinary relief.

It seem if you can show delay or

 them processing the claim wrong to the court.

At the least it will get someone to pick it up or the court could order the va to respond.

It happen for me.

Things did get moving but I am still fighting and waiting on the cavc to rule on the petition.

This is just my opinion because I have had the bva not even respond to white house hot line

Or they put in some basic response.

Ig you will never get the results until you do a freedom of information act.

And I still don't think it help.

Petition just show that they are volating the law Process the clam.

And it is causing undo delay.

You are not fighting the case in the petition.

You are fighting the process and how they are using it for delay

I hope this help good luck

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You can do both. The squeaky wheel gets the grease. I have little faith in the WH hotline now (used to be effective). The IG may or may not pay attention, but the more folks that point out the fact that RO's do not read the evidence like this, the more likely they are to take it up.

I think it gets to the point that if they have a hundred (+/-) complaints, it kind of throws up a red flag. Not really sure how many it takes to trigger them, but if we do not try, they will stand off or ignore it. So if its not broken, they won't try to fix it.

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Long long ago I griped to the VA IG regarding the way my RO was handling my claims- I rceived a nice letter from them that aid they do not get into complaints about the claims process. I dont think that hs ever changed.

"I requested an EED based on VAMC medical records that were not used in determining my current effective date. I reopened my claim based on 38 CFR 3.156(b) and the regional office scheduled me a C & P exam and then completely ignored their own C & P examiner’s medical opinion that my records proves/proved that I was diagnosed and treated long before my current effective date."

This sounds like a very valid CUE.

If the VA fails to consider probative evidence they have committed a violation of 38 CFR 4.6- lots of info here on that under a search-it is my favorite regulation!

Also the VA is not allowed to impose their medical opinion, when they already hve a medical opinion due to a C & P exam- I will find the regulation on that.

38 CFR 4.6:

 

 4.6 Evaluation of evidence.

"The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law."

https://www.law.cornell.edu/cfr/text/38/4.6

 

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Colvin:

https://veteranclaims.net/2009/11/15/vas-use-of-unsubstantiated-medical-conclusions-colvin-v-derwinski/

A friend of mine, in his recent remand got the same wording -as a rater made an unsubstantiated medical opinion in a RO decision. I think his IMO from Dr Bash pointed out that significant error.

I cant get access to the BVA web site at all today-they might have buggered it up even more then last week-

But I know there are many claims there on remand due to unsubstantiatd medical opinions, by someone at VA who is not qualified to have a medical opinion.

In this case the BVA made an unsubstantiated medical opinion. 

In part:

"CCK argued, and the Court agreed, that the Board erred in its decision denying an increased rating for back disability. Specifically the Board relied on its own unsubstantiated medical opinion in an attempt to justify its failure to obtain a clarifying medical opinion addressing the Veteran’s additional functional loss during flare-ups. It also agreed that the Board failed to reconcile its finding of no significant loss of range of motion on flare-ups with the Veteran’s descriptions of difficulty bending and need for breaks from walking.

The Court thus vacated the Board’s decision and remanded the matter back to the Board. The Court also ordered the Board to obtain a new medical opinion or explain why such action was not necessary."

https://cck-law.com/blog/news-news-bva-denies-claim-epiphysitis-lumbar-spine/

Neither the BVA lawyers nor VARO raters have any medical background that could qualify their medical opinion as " substantial" and they-the raters-  have no business trying to deny a claim on the basis of what their medical opinion is.

I have no idea what your decision said, as to why someone deided Not to accept a C & P examiner's favorab;e opinion.

But I think maybe these raters often do what C & P doctors do- they google a disability in order to find anything from any medical site,abstract or treatice, that will support their opinion and a denial of the claim and then cite it to support their opinion.

Many here have had that problem I sure did. A C & P Enocrinologist said a DVD entry in my husband's medical record meant he had denied ever having venereal disease. My husband had VD listed on every single rating sheet- he never denied having it in Vietnam. The C & P doctor referenced Merck.

I used Merck a lot in tthose days so I knocked her down on that by Mercks medical Acronym DVD- diabetic vasdular disease. That is why it was hidden in my husband's medical records.They knew he had DMII and tried to cover it up.They failed.

If we knew more about the decision we could help more.

There are CUE templates here and a CUE can be filed on a past decision or one a claimant got Yesterday.

It sounds like a 38 CFR 4.6 CUE and a violation of the precedent circumstances of Colvin.

More here on Colvin from Broncovet:

 

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Berta you are a life saver today I have been looking for this reg and case

Because I have been see a lot of decision were the rater or  judge is using  there own medical opinion with no medical exam.

It just happened to me.

 

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