Bogus Claims Clogging The System?

[Hoppy]

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 March 16, 2007 by Hoppy

[Josephine]

Pete,

That says it all! I am glad that someone finally posted this.

Josephine

[john999]

My claim is 36 years old. I never got more than 10% until I started going to the VA in the 1990's and finally had a decent C&P exam and got 30%. Next increase was to 70% in 2002. There was no difference in my symptoms for 30 years except I had to retire on disability finally. That is the only reason I got IU or any rating higher than 30%. Talk about a bogus system.

[Vike17]

John999,

If you thought your claim warranted a higher rating than what was awarded back then, you should have appealed. You seem to tell everyone else to apeal, so why didn't you? The system isn't bogus just because you failed to use the system as it is intended.

Pete,

If the VA system is bogus, then you wouldn't have been awarded 100% disability now would you?

Josephine,

In your case the system seems to be working whether you want o hear it or not. Your case has a difference of an opinion by multiple doctors and a lapse in substantial time (I think of at least ten years) where there isn't any documented medical treatment establishing an nexus between your claime ddisability and your military service treatment. Now your case is a the AMC where I suspect they'er trying to sort out what is what. Keep in mind they haven't denied your claim, so I would say the system seems to be trying to work in your situation.

Vike 17

[Pete53]

Vike17:

My VA Claim whizzed through in a little under 6 years. Took Social Security 4 months. I did not mean that the VA is Bogus I think that the backlog of claims is bogus. Certainly in 16 years the VA would have figured out a way to get the backlog to a manageable amount that they could handle Veterans claims in a reasonable amount of time?

The reason I used 16 years is that is my experience but I think the VA has always ahd a large backlog of claims and I think that many Vets have had to wait a long time. So what else is new?

[Josephine]

Vike,

On my claim you remembered incorrectly. I was discharged in June of 1964. Pregnant in 1965 and 1966 and began treatment in 1967 and their has been no lapse in medication or treatment. I left the service with a bottle of cafergot and librium. Where is the justice behind this.

Where is the justice, when I ask the VA over and over to secure my psychiatric records and I sit there as I listened to the counselors, "You don't have any psychiatric records. I filed in 1978 and didn't even receive a statement of the case or hoot. My letter stated you are not service connected.

I refiled in 2002 and listened to the same lie" there are no psychatric records for you".

In 2003 I received a pension 100% for anxiety with depression stating" you have been unemployable since 1983, but denied due to excessive.

It was March 10, 2004, I located the psychaitric records in the archves and then receive a non-sense statement of the case. This is what the DRO said and this would be October 7, 2004. You are denied service connection for anxiety with depression. THIS IS NOT THE DRO'S FINAL DECISION. We are re-opening your claim for " an acquired psychiatric disorder" and we are scheduling you for a C&P due to New and Material Evidence.

In the same envelope I received the formal form 9 to turn in within 60 days, to which I turned in.

The DRO had the New and Material Evidence when he denied me for anxiety and depression. He did not need to deny and then re-open the claim to "an acquired psychiatric disorder.

I had my first C&P by a very competent physician at the VA Medical Center with Generalized Anxiety Disorder with depression with a "More Likely than not".

That C&P is all that I needed.

Yes, you are correct The AMC is trying to straighten the mess, but who created it? The VA. I was told by the command, if I took the early discharge that I would be given up all of my G.I. benefits. I also have the original copy of a paper that I and the command signed stating that they could destroy my medical records. I have had that piece of paper for 43 years. DR.C. turned my psychiatric records into the archives for me.

Do you think that there is a copy of that piece of paper in my personnel records or medical records from the military, absolutely no.

I turned in a copy to the BVA.

No, I have not received a denial, but I sure haven't received a Maybe Either.

No, I am sorry, I do not feel that the system works for me.

Josephine

Edited March 25, 2007 by Josephine

[Cavman]

I was discharged in 1971. At that time I assumed you had to lose a limb to be disabled in the VA eyes. I`m sure there are many bogus claims in the backlog and I am also sure there are many legitimate claims in the backlog. I believe the main reason there is a major backlog in many regions is because of the INTERNET. I know without Hadit being on the internet I would have never known how to properly (and legally) work my claim. When I say Hadit I mean the site creator and the handful of really knowledgable and helpful members.

Cavman