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Bogus Claims Clogging The System?

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Hoppy

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  • HadIt.com Elder

The question of VA backlog and bogus claims jamming the system has come up once again. The VA through its procedures actually invites bogus or more accurately described as "poorly thought out" claims. Correct me if I am wrong or if anything has changed recently. The last time I went into an RO there was a flier on the wall telling people that if they feel they have a claim to just fill out the claim form and the VA will do the rest. This flier explained the duty to assist as being the VA's motivation to process the claim.

The veteran then goes to a service rep. sitting at a desk and tells him he wants to file a claim. This rep has a mind of his own and interacts with the veteran. The rep can decide to file a claim or become argumentative because he feels the claim is a waste of time (this happens for a fact. It has happened to me both ways. I have encountered argumentative reps and reps who just rubber stamped my request and sent it along.) In the event the rep decides to start a claim either because the veterans story sounds plausible or because somebody told him to start all claims requested by the veteran and the rep decides to go along with the program and thus the claim is started.

VA procedures then required that the veteran provide the RO with the names and addresses of treating physicians and release authorizations for the records. Additionally, the RO acquires and reads the SMR. If the adjudicator thought that their might be a connection then a C&P can be scheduled. If he thought the claim was a waste of time then he can deny the claim as not being plausible or without any possibility of being able to be developed due to lack of medical support.

The VA must feel a little paternal to go to all the trouble to read the SMR's and or doctors reports just because they have a duty to assist. The VA should accept the claim form and set the claim date. However, they should add a step in the process. The VA could save a lot of time by requiring the veteran to obtain and have the rating schedule, SMR and the personnel file in his possession prior to the VA obtaining and reading them on their own. This would give the veteran and his representative (should he have one) a chance to look at the claim more objectively and then decide whether or not they want to continue. Then the veteran could file a statement that he has obtained the SMR, rating schedule and desires to continue with the claim.

In one of my claims the VA went to all the trouble to obtain and read my entire SMR for a condition that they thought I was not even treated for in the military. What a waste of time. Had they had me read the SMR and I found out that I filed a claim for something I was not even treated for in the military I would have dropped the claim. Had they told me to obtain and read my SMR I would have noticed that the military doctors called the same symptoms by a different name than the post service doctors and diagnostic term I used when I filed my claim. This little problem delayed my claim by three years and caused the RO to waste their time typing up a denial that was based on inaccurate information. The denial was eventually overturned.

Edited by Hoppy
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  • HadIt.com Elder

Terry,

Yes, and I had one of those claims. However, I have talked to veterans who filed claims without thinking them through and later dropped them without a fight becuse they just had no clue what it took to get service connection and the VA goes to all the trouble to pull and read files because that is what the proceedures require when a claim form is filed out. As long as the veterans is diligent it really does not slow the individual claim down that much and the work saved at the RO could speed up the entire process for all claims. It is just one little step that gives the veteran a chance to make a more informed decision about his claim.

Army,

You are right as far as I know. The situation really is not that different with combat veterans when adding one more step in the process. One more step does not alter anybodys rights. Both the combat veteran and the VA are aware of the combat veterans rights on this type of claim. I have ran into many more instances of ill concieved claims filed by non combat veterans than the situation you are addressing.

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  • Founder

my personal example - i filed an nod for an unearlier effective date, went to dro took over a year and they turnd me down. i did not appeal it i could see it was going nowhere.

now that i am 100% + i just don't want to file any more claims, i don't think it will make any difference in my current level, i don't want my stuff to clutter up the system (talking about my stuff) and i like my file to be tucked away in a file cabinent somewhere where no one ever looks at it (it makes me feel safe)

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  • HadIt.com Elder

I am going to add my two cents worth. I agree that a lot of claims are worthless and clog the system, but I do not think that it is fair when the veterans duty station can destroy psychiatric records after 5 years. These records should be placed in the veterans file at the archives also. I would imagine this is the reason that the VA is shocked that mine showed up at the archives after 40 years. They were to be destroyed.

I posted a BVA case about this practice.

I wouldn"t be clogging up the system now if the VA would quit changing the name of my illness. My original enlistment papers asked to mark nervousness of any sort, been insane. I checked no to each. Now the illness is called anxiety. I have done a search on the internet and typed in nervousness and the word anxiety comes up.

They sure didn't mention the term anxiety in 1964.

To me Nervousness and Anxiety are two words meaning the same.

Just my thoughts,

Josephine

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  • Founder

i agree josehphine.

here is an example of a bogus claim, i met a guy he hurt is knee, he filed a claim for it, i said you didn't hurt it in the service, and he said they don't know that. and i thought not yet they don't. but ah well what you gonna do? i did not do this veterans claim i just met him at the hospital.

the military "lost" my medical records after i wrote a letter to the inspector generals office, records were gone for a few months and then bingo bango it appeared again no knew where it had been, someone even told me it had never been checked out. so i understand your frustration.

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  • HadIt.com Elder

You know lawyers would weed out the non winniers pretty quickly. No win no pay has a built in incentive.

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