New Ssoc Proposed

[Former Member]

"SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its

regulations regarding the time limit for filing a response to a

Supplemental Statement of the Case in appeals to the Board of Veterans'

Appeals (Board). We propose to change the response period

[[Page 14057]]

from 60 days to 30 days. The purpose of this change is to improve

efficiency in the appeals process and reduce the time that it takes to

resolve appeals while still providing appellants with a reasonable" etc

I fail to see how this can possibly improve "effeciency" as the VARO-unlike the olden days- ignores these responses in many cases-responses which could alter their denials-

You can make public comment at

http://www.regulations.gov/fdmspublic/component/main

Has anyone else here made Public comment on VA 2007- VBA-0013-0001 ?

This was the ancilliary bill that has been proposed.

I asked the feds to change the Bonny V. Principi regulations.

They are unfair to Section 1151 claimants.

They are unfair to any veteran's survivor if the veteran died due to VA health care prior to Dec 16,2003.If VA killed the vet after Dec 16, 2003 the survivor gets all accrued benefits-if they malpracticed and caused death before that date-the survivor does not get all accrued benefits.

Section 1151 claimants do NOT get the same ancillary benefits as others do.

CHAMPVA does not come with a Sec 1151 death award-nor does Chap 35-nor does the survivor get the Mortgage Guaranty Certificate.

It seems to me that when VA commits malpractice to the point of causing a veterans death- the survivors should equal rights as other Direct SC survivors- to all appropriate benefits.

I get CHAMPVA and Chap 35 because Rod was 100% SC P & T before VA caused his death-CHAMPVA told me many Sec 1151 survivors are astonished to find that they are not eligible for CHAMPVA under Sec 1151 deaths.

This is unconscionable when you consider the pain of knowing that a death was caused by the US of A in the form of VA medical care.Yet Section 1151 survivors do not get equal treatment under the law. That has to change.

Has anyone added comments on the other parts of this proposed regulation?

[Former Member]

WELL SAID Terry-

If the VA was as consistently competent as some think it is-many of us wouldn't be going through years and years of ordeals with the system- only to succeed anyhow.There are very few claims that really arent valid ones.

When I won 3 claims in 1997-1998- I actually got very angry because

these claims were solid the day they were filed and I had to go to extreme lengths to even get the evidence read.

A lot of you know what I mean- you get a retro check and it might be a tidy sum and then you realise it cost you years of frustration- and/or blood sweat and tears-

I had to travel 25 miles or in some cases all the way to Corning-to a law library in those days,to get 38 CFR and pay for xeroxes as well as postage fees-

in order to succeed in my claims-not to mention paying for faxes to continuously keep sending what they lost.

Over three years later and after a DAV NSO as well as the VA had continually put down my evidence-I succeeded anyhow-

when I finally found a VA employee who could read.

"I think on this site here there will be more pressure from outside sources to limit vets comments about VA problems"

I thought I was the only one here picking up on that and feeling that way-

I think it even affected the way I have been trying to help vets here-

I even stopped saying VA Quacks here when the reality is maybe no one- better than me -here knows how truly deficient countless VA doctors were in causing my husband's death.And the incredible lengths the VARO went to -to contain and cover up over 6 years of utter medical travesty.

[sixthscents]

Truthful comments about the VA are always a good thing... in their proper place.

The VA rating system is obviously, and has been in my OPINION:

iconsistent

failing to follow their own guidance

untrained - or poorly trained

understaffed

loses documentation frequently and repeatedly

fails to follow the intent of the law, and often the letter

and just about any other administrative complaints that can be aired...

but...

with all of that in mind, advise about claims, or given to others about their claims should be...

consistent

referenced to regulatory guidance if necessary or requested

in line with what we "know" the process requires

clear

not antagonistic toward the VA (that helps in no way, even though it can be personally satisfying)

legally correct

and follow the rules of common sense...

I.. that is me... Bob Smith was the one (or at least one of the people) who recommended that Terry be banned... and I maintain that opinion... so you can say my name Terry not "some vet"

You were banned from another board not for giving advise but for giving consistently "incorrect" advise.

Hadit is, in my opinion the single best source for information on how to properly document, file and win a VA claim. Yet belaboring the failings of the VA, while allowing the vet an outlet is not advise. Properly that, and this whole line of off-topic discussion belongs in another forum. Certainly it is welcome, but its just not pertinent to claims. Further Terry you have consistently given counsel that is simply wrong.

Perhaps there has been a change in "tone" here in this forum. I have not seen it, but perhaps it has. If so, I think that it is directed toward the comments about VA problems that really do not help someone understand "how" to file a claim. I am happy to jump on the VA for their many failings, but.... does that really belong in this forum? Certainly there is a place on Hadit for it, but the question remains how does it pertain or is germaine to the subject?

In my OPINION... negative comments about the VA that do not directly contribute to the subject at hand and help clarify why or how something should be done are more properly voiced in the other discussion forums here on Hadit, not in the claims section.

Honestly... all of us who have delt with the VA long term KNOW the VA's failings, so voicing them again and again serves no real purpose, unless it is to clarify why or how something is done. I think that perhaps is what you are seeing Berta. God bless we all know they s*ck.. but whats the point in beating the dog here, unless it serves to make a point etc.? Lordy women, I respect and admire you.. and have stated so. I always value your advise and opinions, but then again they are consistent, correct, and pertinent. When you comment about the VA negatively it is to make a point that is germaine to the topic.

Terry, just take your opinions about the VA to the proper forum. I certainly would not complain. Your advise on the other hand... well in my OPINION, is questionable if not flatly incorrect. You offer it as fact, when in all honesty its mostly your opinion, and does not fit observable data or normal guidance. Opinions should be offered as OPINIONS, and fact as fact with proper references. You consistently confuse the two, and your factual refrences are mostly incorrect.

That is my last post on this thread. I WILL NOT start another round of discussion on WHY you are wrong Terry. If you want to start another thread in another foorum and discuss it fine, but NOT here...

Lastly I am sorry that this thread seems to have been hijacked. I dont know what its original purpose was, but it seems to have strayed far afield. I have helped in this through this comment of my own, so again I am sorry. For the record, I have nothing against spouting off about the VA, or the horror stories. We all have them and know them... I just dont think they belong here in this forum unless they help explain the situation, how or why someone is offering a specific tactic, or strategy, and contribute to the overall knowlege about CLAIMS and BENEFITS. Otherwise, they more properly belong in one of the other forums Hadit offers.

[sixthscents]

OK, I am going to post again, sorry, but ON topic this time.

Berta,

You are dead on, changing the 60 day rule is ludicrous, and is something we should address and respond to. Didnt the VA try the same thing, and try to get it lowered to 15 days? I seem to remember this a couple of years ago.

In any case, this needs addressed and I suggest that everyone follow the link Berta offered. Call your representatives and speak out about this proposed change.

You keep posting stuff like this Berta... it DOES pertain, and is germaine to what this forum is about. You are so much better on the national stuff than me. Like I said, I have enough on my plate, and do better one-on-one. Yet this is an example of WHY I admire you Berta. You didnt complain, you clarified, and thats an important distinction. Thats what you consistently do... and what makes sense.

btw... you use "VA Quack" as much as you want... (you obviously dont need MY blessing but you certainly have my support).. because when you do its pertinent to the point you are trying to make...

THATS the difference.

[Former Member]

How come you picked on Terry when you should have really picked on me-it all started with my post days ago-

what forum do we have here that limits the topic to griping about the VA?

I seem to be of the same opinion that Terry is- so when I find out where the hadit forum is that limits discussion strickly to discussing problems with VA at hadit- then I will be able to post at hadit again.

in that forum------havent found it yet----

I better find that forum since I always gripe about the reality of the VA a lot because it is that reality of inaccurate claims work and decisions that is causing vets with probative evidence to be denied.

That Reality of the VA is the main reason I am here.

This thread hasn't been hijacked-it has been censored.

[Ricky]

Bob this thread started off with a comment about the VA wanting to reduce a waiting period from 60 to 30 days in order to decrease the time required to process a vets appeal. The original post was followed by a multitude of comments from vets as to whey they felt such an action would not work; then by some comments on examaples of the processing of claims by RO's. Where is the inappropriatness? Were 90 percent of the comments negative - yes. Why - the negative comments were based upon personal experiences by the vets that posted them. Sorry but as I told Vike in my post you also have to see both sides of the picture.

If a vet receives bad service from and RO - a whacky decision ect..... or their claim is still tied up at the RO after 24-36 months, even if they post a negative comment about the Va, their posts are appropriate and helpful to all vets including the posting vet. Maybe his post will result in someone being able to help him/her in fixing their claim. If the vet does post what he/she thinks to be some illegal practice or screw tatic by the RO maybe other vets who have faced the same situation and since resolve the issue just might be able to help him or her resolve the issue. However, if he/she does not post their true feelings then the chances of help decrease greatly.

And yes each and all of these type post are appropriate for the claims forum. If we stick to strictly accepting comments from veterans who only support a party line of the VA is great and it is your fault that your claim did not succeed then we are doing a diservice to all veterans. There are good things about the VA and there are Bad things. I fully understand that with a 170 percent scheduler rating how it would be easy for one to be all pro VA. However, a veteran with a 30 percent rating who can't work, has lost his house and family due to his disability will have a very different picture. Are such feelings justified - Not in all cases. Maybe the vet has overlooked something or maybe his/claim really does not merrit a rating. Jumping them and trying to beat the fact into their head that they should love the VA is not what this site is about. It is about assistance no matter what the vet posts about the VA.

We are not all experts but we do all have our opinions about va claims processing and the quickest way to get our earnd benefits. I do not recall any veteran or widow being asked to sign a POA with any Hadit veteran or pay for any advice given. If a veteran is way off with their personal advice or opinions simply provide what you may think is the correct advice and let the posting veteran make the decision. Banning should only be taken on if a veteran is proven to be malious in that he is intentionally cause harm to the site - spamming etc........

Bottom line is I have not read any comments on this post that do not belong as they all pertain to errors commited by the RO in the processing of claims which tend to example the long processing of claims based upon VA error. Based upon this it would not matter if the VA only allowed a 2 day time period to submit additional evidence for no action taken by them would decrease the processing time of a claim until they start to clean from under the rug at the front door of the RO's.

Now guys like you, Vike, Berta, Tbird and others are the stablizing force here on Hadit for you seem to understand the aggravation felt by most veterans and you always provide level headed advise to all veterans.

If Vike left then so be it but I do not understand his actions. Although I do not know him personally he appears to be a great person and has provided me and many others with excellent advice so his return would be greatly appreciated and desired. HOWEVER, just keep in mind the VA is not fair to all and some veterans have been totally screwed by them. PLEASE DO NOT attempt to turn this wonderful site into a sister site of those out there that beat veterans to a pulp if they display a anti VA attitude. If you feel their attitued is unwarranted then attempt to change it in a peacful and caring way. THIS IS MY LAST POST ON THIS THREAD. Any way I love all of my Hadit brothers and sisters.

Ricky

Edited April 3, 2007 by Ricky (see edit history)

[sixthscents]

Berta,

You ask "How come you picked on Terry when you should have really picked on me-it all started with my post days ago-"

First, well I responded to Terry, I didn't pick on him. Who do you think he was referring to when he said "Even on hadit here one vet openly petitioned to have me banned from giving advice?"? If I wanted to "pick" on Terry I could, I do not comment unless he states something obviously flawed, incorrect, or sometime is correct. I am trying to encourage that whole correct thing. I responded to his statement because he was both flawed, and addressed an issue which tacitly involved me. I honestly didnt even READ the thread start, until after I addresses what I felt was that issue.

I DIDNT attack you because the thread you started involved "VA Claims Research"... and so was germaine. As I said when you gripe, it has been my experience it is to prove a point and not just complain. You state that you complain, and you DO, but it is again in the context of, heres an example: rather than "the va is so screwed up still". Does that make sense? I have NO problem with someone griping about the VA, but see no point in us just huddling around and screaming that the VA is broke. It is. We know that. You know that. Your purpose has been to help veterans. You have stated that to me, and from what I have seen you do a hell of a job at it. You dont sit around saying that the sky is blue, and then render poor advise or counsel based on opinion rather than fact.

I wont ATTACK anyone, but I will point out when the discussion goes south, and would hope for others to do so to me. Further, the topic of this forum is limited in scope. Griping about the VA, with NO purpose or reason does no good and has no bearing on what is trying to be done? Would you agree with that? I am not cheering for the VA, but simply stating that the other forums might be a more suitable place for such a discussion. My take on this forum is that it is to answer questions, address issues, and generally provide guidance to new veterans on helping them with their claims. Now where does simply complaining about a situation we already know exists fit in there?

Your thread brought attention to a situation that I was unaware of. It further was very relevant to claims and claims research. Therefore it was in the right place. There are other forums on Hadit. They are better suited to open discussion of how blue the sky is. You know that, you are smart, and for goodness sakes you know that the focus here is to HELP, not complain. I stated and will state again that you generally, in my OPINION do NOT complain. You use examples to state a point. Theres a huge difference.

I'm not trying to censor you. Nor will I try to censor others if they offer advise based upon the regulation, stated guidance, and known experience. I will tell someone they are wrong. I have been told I was wrong, and upon research or simple reflection agreed and apologized. You have seen me do so. I dont mean to offend you. Simply put, if this issue is so important to you, I will desist from commenting upon it again. That's how important you advise is to me. Not personally, but to the other veterans benefit. So, say Bob shut up about this and I will... that quick, with no further questions. However, if Terry drags me into something I will address that. If he does so either explicitly or thru inference I will respond to his comment. I WILL do so to anyone here, or on VBN. I will defend my opinion, if I think it is right, but I am VERY open to other ideas and am very willing to admit I can be wrong.

I WILL tell someone they should quit giving poor advise, if I truely believe that the advise they offer can damage or hinder a claim. Again I am open to input, but if someone like Terry offers up opinion as fact, and then goes on to try and substantiate that opinion with further misleading, or simply incorrect evidence I will say that they are wrong. Period. No one makes me do this. I do it because to not would dismiss everything I am working for.

So, I didnt respond to you because you didnt mention me... Terry did. Then when I actually read the entire thread I spoke about your post. Thats the long and short of it. Again, for me to stop saying ANYTHING about people simply complaining, just tell me to. I will, thats how much I value your opinion, and how much I DO NOT want to see you leave or quit posting. I will not stop responding to Terry's comments if I feel he is misleading or misdirecting veterans. I'm sorry but I expect others to do EXACTLY the same to me. I encourage others to point out my errors, and if I am wrong, I am hopefully not wrong the same way twice. Anyway... dont go away Berta... if what I have said is partly to blame for that, I take it back. Period.

[sixthscents]

Ever notice those who try to limit my giving advice here always paint me with a wide brush of wrong informaton and leave it just to that.

They never give any examples of bad advice where everyone can examine to see if what they say is true. They are hopeing for a mob mentaiity to take over wherein if they say a lie long enough loud enough, the lie takes on a reality of its own.

IT is through free exchange of ideas that is the real strenth and service of hadit.com.

Terry Higgins

Terry,

Ever notice when I post after you saying you are wrong or right? I do so regularly, but if youd like I can point out again and again, or simply tell others to read your posts and note where I have stated your incorrect, and your advise can and sometimes is bad enough that it can actually damage a claim. I have seen it here and on VBN. Time after time, and when I do correct you, you state I am "stalking" you. Nope. Doesnt fly Terry. However, this forum is NOT the place for this. So, how about I open a new thread in one of the others and we can sit and yell at each other all day and NOT interfear with what is being done. "Broad brush"... Terry you offer your flawed opinion as advise, repeatedly, even after you have been told again and again by multiple people its flawed. (sigh)... anyway if you want to continue this, we can take it elsewhere...

Hadit is about helping others, NOT about offering opinion stated as fact, and then guiding them upon a path that will actually lessen their chances of ever seeing a dime. I dont do opinions unless they are based upon a broad range of knowlege, and are generally accepted among other advocates to be correct. Period. Either I know what I am talking about, or I shut the heck up. If I am wrong, I learn and apologize. Its just that simple.

Anyway.. another forum just say it and agree to quit commenting about me in this one... we can bicker somewhere else. But, I bet you wont.

[dougbo1943]

Vike 17

I have tried to read all of your posts on Hadit. I always found something to learn from your posts. I just hang around in the background trying to learn. I really hope to see your posts agin as you are a great asset to this site.

Gunny

[allan]

Hello sixthscents,

You seem fairly sharp about VA proceedures. Do you work or volinteer at the veterans affairs or for a national service organization?

Allan

[Stretch]

Whack-a-mole.

[tssnave]

Strech,

I've heard of a boot in your a$$ but not a truck in your nose.

After reading about some really upsetting things that have happened, like the former hadit member who was sexually assaulted by the VA doc, and the whole thing Berta has gone through is crushingly sad, I couldn't help but get a laugh out of your chevy snoze NOD.

Perhaps you will need to go to an Ear, Eyes, Nose, and Throat doctor and get an IMO verifying that you don't, in fact, have a truck in your nose! :-)

Well, I'm getting punchy - this is my second night without any sleep so I'll close.

I realize that the VA is working in the land of the ludicrious when they write stuff like they did on your report and it has to be frustrating for you so please don't be offended at my merriment.

If we don't laugh we'll go screaming into the night, or as the case my be, daylight.

Good Luck,

ts

[Stretch]

We have to laugh. I was going to ask the VA for a winch to pull the truck out, but decided no I will save it for a more opportune time.

[sixthscents]

Hello sixthscents,

You seem fairly sharp about VA proceedures. Do you work or volinteer at the veterans affairs or for a national service organization?

Allan

Hello Allan,

Nope, I have been working claims since 2002, starting with my own. I had a person locally ask me a couple questions when they learned I was a vet also, and it grew from there. I am a volunteer advocate, and work claims both locally and nation-wide. In the last several years I have managed to learn a great deal about the VA thanks in a large part to some of the people here on Hadit, VBN, and of course by constantly reading. That's a biggie you have to read CFR38, M21-1 and all the CAVC cases etc. you can to understand how things work.

I work one-on-one with an active list of about 50 claims right now, and probably another 60 or so more that are pending action by the veteran. It's a bit of work, but it can be a great deal of fun and VERY rewarding.

All of us here have "specialty" areas that we are better with, or so it seems. I am most versed with back injury claims, but have over time learned a great deal about the rest. What I know is due to people like Vike, VBNPop, Berta, and well heck almost everybody. Often I will be working one claim, and discover an answer for another. Anyway it been a great learning experience, and I have gotten a lot of satisfaction from seeing veterans finally get the compensation they deserve.

I try to work directly with soldiers ETSing out of Ft. Knox, and have a decent relationship with the staff of the holding company there. I prefer to start working a claim while the service member is still actually in service. Its simply the best place to make sure all the i's are dotted and t's crossed BEFORE the vet gets out.

Anyway, whatever I know has been learned over time. I was at the start just a confused and lost as many veterans who find their way here. Anyway, thanks for the compliment, but there are many here who know a great deal more than me.

[sixthscents]

Terry,

You wont give me any examples as to what you think is bad advice

well Terry, I seem to remember a whole slew of disagreement only a few weeks ago... have you forgotten that already? The whole go to the BVA immediately thing? Or hey how about you inflammatory post yesterday about the new committee? Guess you missed that too.

If you cant understand my problem with your "advise"... well thats just indicative of your problems. I didn't change anything you said, though I did misquote you once, and corrected that error in front of everyone. Simply put Terry your advise is wrong... and I have stated that again and again here and on the old board as well as VBN.

I do give you credit when you are right, however seldom that is. You gave the "yell at your doctor" advise on the old board and I commented upon it several time since then. It had NOTHING to do with any female getting abused, it was just more of "Terry's talk".

Terry, I have and will continue to point out when you are wrong. I will simply ignore the normal junk you post but when you offer your so called "advise", and its wrong, expect me to comment. I invite the same. Further I am NOT asking for a PRIVATE discussion with you... you gotta be kidding. Nope, I suggested moving this discussion to one of the other forums here on Hadit, but yet again you take something out of context, spin it, and try to make it into something else. Transparency Terry, or affirmation? (sigh)

I'm so not going to go thru your 1200 plus posts, simply because they are normally just your opinion or infammatory posts about the VA, or some conspiracy bull. Honestly you just aint worth the time. So, post what you will, but expect me to chime in if you are wrong... as usual. As far as the "stalking", I guess you totally missed the whole post again about you telling someone to go BVA first etc etc etc... You legal genuis you... but hey diodnt mommy pay for a laywer to win your claim?... For some reason I didn't need mommy to hire one for me... but I'm not a legal genuis.... Now go tell someone to file a Writ again... yep that'll really make the VA take notice...

(sigh)... anyway, just go do your thing Terry... just expect me to correct you when you are blatently wrong... as I have done.

For all you others, I invite AND expect to be corrected if I give wrong advise. I am asking that you do so... otherwise how can I learn? I am not picking on Terry, like I said, I think we should move this discussion to another forum here on Hadit. Terry drug me into this by bringing up the fcat that I reccomended he be banned for his idiotic "advise". If Terry doesnt want me to comment all he has to do is:

A. Leave me the heck out of his comments

and

B. Give sound common sense advise based upon the regulation, facts, and the broad common opinions held by most experienced members.

I'm not trying to censor Terry for his comments, but I am advocating it due to his "advise". I'm not hiding that opinion at all. I could "ignore" his posts with a click... and that's really tempting, but.. he'd still be putting out bad "advise", and if I am trying to help, then it would be wrong for me to simply sit back and let him tell new vets exactly how to screw up their claims...

Anyway Terry, I think this has reached a stopping point. To continue the discussion will just take time away from my advocacy work... which I actually do, instead of just spouting off junk all day long.

End of Story.

[Tbird]

unnecssary terry, you can assume anything you want, but if someone worked at the va and comes here to help i think there is nothing wrong with this - i find vike's comments concise and thoughtful

if you don't want vike's or anyone's advice ignore them

Dear Rick

Im assuming because Vike 17 has the MN Viking pic on his sign here. he did work for the MN RO office there. I was in that office from 1976 to 1989 trying to get my claim approved. That RO was terribel.

Terry Higgins

[kkp]

I fully agree with TBIRD concerning Vike 17. I posed many questions on this board, and Vike17 responded to many of them. I didn't always get the answer i wanted to hear, however I did get answers based on VA law. Maybe his bedside manner was a work in progress, But answers to my Questions were always right on.

While browsing another board, I found a post by vike17. He was concerned that a answer he gave on this board might have been in error. He got a response from someone he felt had more experience in this particular field than he did. As it turned out he had been right. He politely thanked him and that was it

PERSONALLY I WISH HE WOULD COME BACK ON BOARD. I WOULD VENTURE TO SAY MORE PEOPLE VALUED HIS OPINION THAN HE REALIZED.

I MUST SAY THAT I FIND MYSELF IN FULL AGREEMENT WITH THE OPINION OF A PATICULAR ARTHOR ON ONE SUBJECT AND TOTAL DISAGREEMENT ON THE NEXT.

Does that make me right or wrong? I say no only human.

kkp

[Pete53]

According to Senator Chris Dodd he tried to get the VA an extra 20 billion 2 years ago and was defeated 51 to 50 Votes with Dick Cheney casting the tie breaking vote to defeat it so that the rich would get thier tax cuts.

The fact is the VA has been underfunded no matter who was in charge.