Petition to mandate VA automatically provide C&P reports in timely manner

[RBrogen]

Here's a link to a petition that will be used in conjuntion with meetings with congressional leaders to show support for a law to require that the VA automatically provide veterans with the C&P results in a timely manner so that veterans can properly assess their options for appeal. 

Be sure to sign and share!!!

Change.Org Petition:  https://chng.it/bDh8TstdFk

Edited January 12, 2023 by RBrogen

[RBrogen]

Hey BroncoVet,

Thanks for the insight and I haven't had any issues with the ones I received in 2018-2019.  My point is that if the exam results are not made avaialable to the veteran once the decision letter is generated, they are seriously impeding the ability for the veteran to have a proper appeal.  As you know, without this information you have absolutely no idea as to what the C&P doc said, rated your severity as nor any other issues they  may have documneted/opined on that could potentially assist you in getting a proper rating.    This is in direct violation of the VA's mandate of duty to assist.  

Bottom line is it should not matter where the C&P originated from, once the raters have the data in order to make a rating decision, that same data must me made available to the veteran so they can make an assessment on their appeal options within the time required. The process should automatically include a copy of the report going to the veteran no matter if it is VBA or QTC.

Edited January 14, 2023 by RBrogen

[broncovet]

Oh, yes.  Its an "automatic" conflict of interest, to have "your opponent" at law control YOUR evidence.  The VA "gets away with this madness" because they have convinced that a lie is the truth:  You know, the one where the VA system is a Veteran friendly system, where the VA wants to give all benefits due to the Veteran and assist him with same.  The one about the "benefit of the doubt" goes to the Veteran crapola.  

If this was a claimant friendly system, then why does VA have 500-600 lawyers (their estimate), who's only job is to oppose Veterans appeals?  Why are half of those lawyers not available to represent the Veterans interests, not the VA?

The news reported, a number of years ago, that The Chief Justice of the Supreme Court, Roberts, was "startled" to hear that the VA takes a position against the Veteran that is "unsubstantiated" about 80-90 percent of the time.  

Get what that means.  It means that VA lawyers "take a position" against a Vet appealing his benefits that is, shall I use the term "bogus"?  (instead of "unsubstantiated"?). 

Its the reason that EAJA pays the Veterans legal fees (at the CAVC level) almost every time the Veteran wins.  Many lawyers will accept Veteran claimants "just for EAJA fees" knowing, VA will launch bogus BS against the VET.  The question is "why".  

Well, I know the answer.  Short answer.  Because the VA CAN.  The VA opposes the Veteran because they hope the Veteran will give up, or die, or maybe the attorney will miss a critical deadline, such as a one of many mandatory deadlines the Veteran and his representative have to deal with.  Veterans sometimes even withdraw their appeals, often because the VA lets or even makes us think that continuing the appeal will delay other claim issues.   And they are right, many Veterans become to weak to fight the VA, die, or a mistake is made somewhere along the line which costs the Veteran his claim.  

[broncovet]

Oh, yes.  Its an "automatic" conflict of interest, to have "your opponent" at law control YOUR evidence.  The VA "gets away with this madness" because they have convinced that a lie is the truth:  You know, the one where the VA system is a Veteran friendly system, where the VA wants to give all benefits due to the Veteran and assist him with same.  The one about the "benefit of the doubt" goes to the Veteran crapola.  

If this was a claimant friendly system, then why does VA have 500-600 lawyers (their estimate), who's only job is to oppose Veterans appeals?  Why are half of those lawyers not available to represent the Veterans interests, not the VA?

The news reported, a number of years ago, that The Chief Justice of the Supreme Court, Roberts, was "startled" to hear that the VA takes a position against the Veteran that is "unsubstantiated" about 80-90 percent of the time.  

Get what that means.  It means that VA lawyers "take a position" against a Vet appealing his benefits that is, shall I use the term "bogus"?  (instead of "unsubstantiated"?). 

Its the reason that EAJA pays the Veterans legal fees (at the CAVC level) almost every time the Veteran wins.  Many lawyers will accept Veteran claimants "just for EAJA fees" knowing, VA will launch bogus BS against the VET.  The question is "why".  

Well, I know the answer.  Short answer.  Because the VA CAN.  The VA opposes the Veteran because they hope the Veteran will give up, or die, or maybe the attorney will miss a critical deadline, such as a one of many mandatory deadlines the Veteran and his representative have to deal with.  Veterans sometimes even withdraw their appeals, often because the VA lets or even makes us think that continuing the appeal will delay other claim issues.   And they are right, many Veterans become to weak to fight the VA, die, or a mistake is made somewhere along the line which costs the Veteran his claim.  

The VA withholding the c and p exam is just one of many of VA's "tricks" to snare Veterans in a trap.  They treat us like we are prey and they are trying to kill us.  

[RBrogen]

20 minutes ago, broncovet said:

Oh, yes.  Its an "automatic" conflict of interest, to have "your opponent" at law control YOUR evidence.  The VA "gets away with this madness" because they have convinced that a lie is the truth:  You know, the one where the VA system is a Veteran friendly system, where the VA wants to give all benefits due to the Veteran and assist him with same.  The one about the "benefit of the doubt" goes to the Veteran crapola.  

If this was a claimant friendly system, then why does VA have 500-600 lawyers (their estimate), who's only job is to oppose Veterans appeals?  Why are half of those lawyers not available to represent the Veterans interests, not the VA?

The news reported, a number of years ago, that The Chief Justice of the Supreme Court, Roberts, was "startled" to hear that the VA takes a position against the Veteran that is "unsubstantiated" about 80-90 percent of the time.  

Get what that means.  It means that VA lawyers "take a position" against a Vet appealing his benefits that is, shall I use the term "bogus"?  (instead of "unsubstantiated"?). 

Its the reason that EAJA pays the Veterans legal fees (at the CAVC level) almost every time the Veteran wins.  Many lawyers will accept Veteran claimants "just for EAJA fees" knowing, VA will launch bogus BS against the VET.  The question is "why".  

Well, I know the answer.  Short answer.  Because the VA CAN.  The VA opposes the Veteran because they hope the Veteran will give up, or die, or maybe the attorney will miss a critical deadline, such as a one of many mandatory deadlines the Veteran and his representative have to deal with.  Veterans sometimes even withdraw their appeals, often because the VA lets or even makes us think that continuing the appeal will delay other claim issues.   And they are right, many Veterans become to weak to fight the VA, die, or a mistake is made somewhere along the line which costs the Veteran his claim.  

I hear you brother ... I for one, am at my wits end and the only way to address this after being forced to danced the dance with the VA alone.  I tried multipe VSO etc etc only to be told a month or more later that they hadn't even filed the claim which f'd up my potential effective date and when you are talking 4k+/mo that adds up quick.  I decided to learn the process and take it myself and a few months later went from 1 condition rated 20% to 23 conditions rated - 100% P&T without the help from a single VA resource.  I used resources like HadIt.com and militarydisabilitiesmadeeasy.com before they began to charge.  The militarydisabilitiesmadeeasy.com site was probably the most informative and helpful when it came to just looking at 38 CFR, how and why things are rated the way they are.  It was a super easy to follow layout and helped me navigate my various conditions and educate me on what to look for in my C&P reports.  For instance, I didn't even know I could file a claim for scars and was obviously never told about it from the VA or any of the doctors doing C&Ps.  Things like that add up to I would guess the majority of veterans not be fully rated for all of the potential conditions they qualify for.

So, I am now a dog with my bone and I will not stop until I get legislation on the books that mandates that the C&P reports go out with the decision letter.  I really want as many signatures as possible on the petition so when I do meet with my senators that I will have that as additional supporting evidence.

Edited January 14, 2023 by RBrogen

[RBrogen]

Definitely need more signatures!!!

[broncovet]

While I love the idea, it may be more complex than it seems on first glance.  

I have not had trouble obtaining C and P "in house" exams at my local VAMC by simply asking for them. 

The trouble happens when they are QTC or other contractor exams.  

As you may know, VBA (Veterans benefit Administration) and VAMC (Veterans medical) are seperate, but, supposedly co operate.  

That "co operation" seems to add a year or so to "when" Vets can see their comp exams.  

When you visit a VA doc, that exam becomes part of your medical record, and is largely available at your local VAMC provided that you sign a release of information.  

However, when QTC does an exam, that exam isnt controlled by VAMC right away.  This exam makes its way to VBA, and, when VA gets around to it, it may eventually come back to your VAMC.  The VA really cant (or wont, because they have a dog in the fight) , the way I see it, "tell the QTC" to release this exam to you right away.  Instead, they tell them to upload the file to VBA.  And, VBA, after taking ownership of your c and p exam, can then run you down an obstacle course of hoops and hamster wheels before your exam is finally released back to your VAMC or NEVER.  Frustrating? Yes.  But VA cant really "order" third parties to release your information.  And, of course, VBA's process of getting your files is a painfully long, frustrating process which is known only to VA insiders.  Perhaps your petition could address this.