With certain exceptions, the VBA is not authorized to throw away any mail or documents submitted by a veteran or on his/her behalf. Every piece of mail should be received in the mailroom and inputed into VBA's tracking system. However, some mailrooms are so understaffed that materials get lost or misfiled, and when they are located, say, about four weeks later--in most cases, they are correctly placed in the claims folder. Nevertheless, for whatever reason, some people do place mail in the shredder bins. Just an observation, but it may be done because a claim has been evaluated (completed) and ready to be promulgated, and the additional evidence may make it necessary to re-evaluate the case--thus, not getting the high number of pending claims down. In other instances, they may be afraid of a supervisor discovering that mail was misfiled and get into trouble. In any event, it is my opinion that mail should be handled carefullyand appropriately. Duplicate materials are supposed to be sent back to the veteran.

According to VBA, you may throw away envelopes, claims folder tracking forms, and returned VA forms/documents, and PIES request forms--this is used to request military records and verify periods of service. I would caution that envelopes and returned VA forms/documents have value. For instance, a veteran may resubmit an official VA form because the person wants to point out to the powers that be that the RO made a mistake--perhaps it failed to include an IU questionnaire went it sent the VCAA. An envelope may be important because it verifies that the information came from a physican, for example. In a personal case I know of, a veteran saw a physican several years ago. He completed a questionnaire and other documents while waiting to be seen. Several years later, he requests those medical records from that physician and receives them via mail. However, he only saw this medical doctor once and the medical records consists of that questionnaire he completed and a list of symptoms listed by the physican. Thus, no where on those records is there a name of the physician or medical facility. However, that information is on the envelope in which the medical records arrived, which gives weight that they are accurate.

All RO's are forbidden from shredding any documents until further notice is received from central office. The shredding bins have been taken away for now. Each employee must now place disposal material at a basket at his/her station and each night his/her coach must search it and identify documents that should not be there. Also, RO's are receiving additional training on personal identifiable information (PII). That is, materials that can identify a veteran (name, ssn, address, etc) must be be properly disposed.

I am a veteran and have met non-veterans that believe some veterans are simply gaming the system. On the other hand, I have also come across other veterans responsible for evaluating disabilities that are biased toward the claimant. It really depends upon the nature of the employee. One non-veteran says, "when warranted, my job is to grant, grant, grant--regardless of the amount of revenue it costs uncle Sam.

I have less than zero faith in the fixing of this problem. Taking away the shredder bins is a joke (in my opinion). There is nothing stopping them from directly shredding documents.

Like I've always said, when the VA tries to fix the VA.....it's the fox guarding the hen house.

I read somewhwere where a Veteran caught a VBA employee shredding his documents and he go denied, He proved it to the BVA and was granted SC. I will find it and post it here.

I know people who work ar the regional offices. The majority of them are fine people. Isnt it amazing how a group of bad apples can make the whole bushel smell rotton.

J

QUOTE (George Patton @ Oct 30 2008, 06:22 PM)

With certain exceptions, the VBA is not authorized to throw away any mail or documents submitted by a veteran or on his/her behalf. Every piece of mail should be received in the mailroom and inputed into VBA's tracking system. However, some mailrooms are so understaffed that materials get lost or misfiled, and when they are located, say, about four weeks later--in most cases, they are correctly placed in the claims folder. Nevertheless, for whatever reason, some people do place mail in the shredder bins. Just an observation, but it may be done because a claim has been evaluated (completed) and ready to be promulgated, and the additional evidence may make it necessary to re-evaluate the case--thus, not getting the high number of pending claims down. In other instances, they may be afraid of a supervisor discovering that mail was misfiled and get into trouble. In any event, it is my opinion that mail should be handled carefully and appropriately. Duplicate materials are supposed to be sent back to the veteran.

I have never seen or heard of a veteran receiving "duplicate materials".

According to VBA, you may throw away envelopes, claims folder tracking forms, and returned VA forms/documents, and PIES request forms--this is used to request military records and verify periods of service.

PIES FORMS are evidence that could be used by the veteran to prove that, indeed, the VA was acutely aware of veteran status". In my case, the VA did not update my Character of Service, even where PIES documentation would prove the VA had knowledge of the facts. I do not think they should shred or destroy internal communications.

I would caution that envelopes and returned VA forms/documents have value. See my above statement.

For instance, a veteran may resubmit an official VA form because the person wants to point out to the powers that be that the RO made a mistake--perhaps it failed to include an IU questionnaire went it sent the VCAA. An envelope may be important because it verifies that the information came from a physican,

for example. In a personal case I know of, a veteran saw a physican several years ago. He completed a questionnaire and other documents while waiting to be seen. Several years later, he requests those medical records from that physician and receives them via mail. However, he only saw this medical doctor once and the medical records consists of that questionnaire he completed and a list of symptoms listed by the physican. Thus, no where on those records is there a name of the physician or medical facility. However, that information is on the envelope in which the medical records arrived, which gives weight that they are accurate.

All RO's are forbidden from shredding any documents until further notice is received from central office. The shredding bins have been taken away for now. Each employee must now place disposal material at a basket at his/her station and each night his/her coach must search it and identify documents that should not be there. Also, RO's are receiving additional training on personal identifiable information (PII). That is, materials that can identify a veteran (name, ssn, address, etc) must be properly disposed.

I am a veteran and have met non-veterans that believe some veterans are simply gaming the system. On the other hand, I have also come across other veterans responsible for evaluating disabilities that are biased toward the claimant. It really depends upon the nature of the employee. One non-veteran says, "when warranted, my job is to grant,

I couldn't agree more!!



grant, grant--regardless of the amount of revenue it costs uncle Sam.

George, Thank you for keeping us informed of VA Progress ;-) I'm sure it is getting better and better all the time. Seriously though, I do appreciate your insight and time shared. ~Wings

"As the VA tries to run and hide from the shredder scandal, the Office of Inspector General (VAOIG) continues to investigate documents in shredder bins, unopened mail and other mishandled documents.

Now, it's time for VAOIG to put their cyber-crime experts to work."

Part of the latest at VA Watchdog:
http://www.vawatchdog.org/08/nf08/nfoct08/nf103108-3.htm

Today the heads of numerous vet orgs are meeting with the VA in DC on this latest VA fiasco.

Many veterans and widows have taken the time to document their own missing, lost, destroyed stories in letters to the H VAC and the OIG.I was shocked when I did a time line of the past 22 years of personal documented cases whereby the VA lost or destroyed my evidence and sent this to the OIG.One situation is a real shocker-
and I expanded on that one.
When I read the Watchdog article today-I realised how something disappeared from the VARO computers in my situation in January 2006.
The VSM and someone from my POA (documented)-I believe the same rep who knew full well that my medical evidence had still not been addressed and had a DRO conference to present it again (then it disappeared)colluded to send my SSOC response to the BVA instead of my formal I-9.
The 3 authorizations of the appeal transfer made a 800 Rep act like I had just won the NYS lottery-he inferred this was a high retro 3 signature award-but something seemed wrong-my POA for 6 months said they had no idea of what these signatures were for-the notations disappeared from the Vacols and the Covers screen.

But for 6 months the VA and the POA knew the claim was being transferred to the BVA but never told me until 6 months after the fact-

Good thing I sent my I-9 to both the RO and the BVA.

The cyber crime story at Watchdog today will potentially reveal how VA Manipulates the Covers screens.

I think the VARO shredded it and made false entries on the I-8.

Dr. Bash had some problems years ago woith the VA- I have copy of a letter that Deputy Sec Mansfield sent to him-when the situation was resolved and the letter ends with Mansfield's appreciation of Dr. Bash's medical opinions-

"I have confidence in the review that our General Counsel conducted and I regret there were a set of circumstances that have caused you concern.
Your medical opinions ,as well as those of your physician colleagues, are extremely valuable and necessary to the process of adjudicating veterans cases." (signed) Gordon H. Mansfield

I am proof that the Buffalo VA removed 2 IMos from Dr. Bash that I had-never listed them as evidence at all-
told me in Dec 2006 they had never received them and the BVA after 4 years stated recently that in spite of my many submissions of them-they were totally ignored. (they had my POAs help on that)

I see on other sites that Dr. Bash's opinions are being ignored by many ROs as well as IMOs from other doctors.
Completely ignored.
The VA itself ion a proper VCAA letter states if you need a medical opinion to support your clasim and then if you get one they ignore it (or shred it or lose it)
There are some growing patterns here in the elements of shreddergate.







Some VA employees are already on administrative leaves-due to this problem and I believe more VA employees with a conscience will step up and reveal what they know.

George -
Do you work for the VA or another govt organization? I ask because your profile states that you are and "employee of a compensation and pension organization." Either way, thanks for the info.

All -
Regarding the PIES records requests. When I got my C-file there were a slew of them in there and showed that, for the most part, everytime I sent in another letter asking the VA where my active duty military medical and mental health (which were in a separate records jacket) records were they sent away again and asked for them. While neither my health or mental health records were ever recovered at least I had the satisfaction of knowing that they did send in for them numerous times so IMHO I think the PIES documents should remain in the vets file. Also, just from an administrative standpoint, it gives the VA proof that they actually did what they were supposed to do which would go a long way to helping reassure vets that they are following procedure.
At the risk of stating the obvious, if they would follow their own rules in the first place and quit denying valid claims and/or low balling valid claims, I do not believe they would have the backlog that they do. Of course, then the govt would have to face up to the true costs of war but that's another soapbox I'll stay off of.

Thanks,
TS Snave

It will take a great deal of time and effort to correct what is wrong with the VA. I mean the way the system is currently set up, evaluators (RVSRS) have little incentive to examine the entire claims folder--and believe me, in most instances, they should. They are concerned with making a certain number of credits per day in order to keep their managers happy.

A veteran submitted a claim several decades ago and it was denied because he/she has not been diagnosed with a disability. The person is merely claiming a symptom; however, that symptom was also present in the military medical records. In 2007, he/she submits another claim and this time notes a specific disability. However, he/she submits no medical evidence of a "current" disability. The person responsible for reviewing the claims folder before it is given to the RVSR notes that there is no evidence that the claimed disability actually exists. Thus, usually, the RVSR take the reviewer's word and denies the claim. However, in this instance, the RVSR actually examines the claims folder--that is, he/she reviews previous rating decisions and other correspondence. The RVSR discovers that the denial several decades ago (the veteran's claimed symptom) of the symptom may be related to the current disability being claimned--in fact, it is. Additionally, review of the veteran's electronic medical records (VA) show their is a current disability. Thus, a medical exam is warranted to determine if their is a link between the current diagnosed disabiity and the symptom claimed several decades ago, which is also listed in the military medical records. This RVSR has spent a great deal of time on this case. However, the case must be deferred for an examination, which mean the evaluator will receive no credits--they are only awarded for completed decisions.

The point here is 95% of the time that veteran would have had his/her claim denied: the person responsible for reviewing the claims folder noted there were no evidence of a "current" disability. In most cases, the evaluator see that note from the reviewer and proceeds from there; however, in this case, the evaluator actually examined the entire claims folder and discovered that the current disability being claimed may be related to symptom claimed long ago. You would think that the evaluator would get a pat on the back for doing a good job--not exactly. He/she did not earrn any credit for that case. Nevertheless, the manager can decide to wave the credit if he/she thinks it is warranted. In this case, the manager did not.

You would think that the ultimate goal is to assist the veteran--give him/her the compensation earned. In the VA, it is complete rating decisions as soon as possible. There is no incentive for an evaluator to thoroughly examine the claims folder; there is not a enough time. In any event, the person risks getting behind in production.

Sadly, this is true

george , patton was and still my hero. i aws wondering if you could give me some advice
as to whether to file a nod on my 30% bi-polar , panic attacks , ptsd claim that was decided
at appeals management. i have been in numerous va and state hospitals am on ssi havent
worked in years. i just believe i was rated way too low . there is a lot more i cant go into
and i know you dont have probably enough info from me , but do you think i would be taking
a chance to nod this , man i am dumb as a plank.

I will reframe from giving advice. However, I assume you know that an NOD, assuming a DRO does not rule in your favor, can take years if it leads to a formal appeal. It is importnat that you read your decision letter and try to understand why the VA thought you warranted a 30 percent evaluation. You say that you are not working, but is that due to just to your service connected disabilities or are non-service connected disabilities a factor as well. If you believe you were rated too low you can always ask to be reconsidered, but there must be new evidence. If indeed you were rated low, I am sure that in time your outpatient treatment records would show that you warrant a higher evaluation--submit those records and you will receive a higher evaluation.

If you do not have one already, you may want to consider being represented by a veterans service organization; they can be helpful, at times.

my apoligies george , that is very helpful information. i just think i am better off without
the nod after thinking about it and file for increase am on outpatient, getting old have
a whole lot of more health problems besides sc disability. just trying to figure out what
to do reason i am on here a lot.
anyway thanx

I hope I did not come across as being rude, as that was not my intention. I would just hate to give you advice that somehow adversely affects your claim. However, I am here to answer general questions.

George - Do you work for the VA?

Skunk - Here is the VA mental health rating schedule. Look it over and see where your symptoms fall out. If they look most like 30% then you're rated properly. If they look more like 50%, 70%, or 100% then you are not rated properly and need to decide if the risk of having your VA claim looked at is worth fighting for a higher percentage for your bp. Please note that you do not have to have all the symptoms in a rating percentage to be awarded that percentage. It is whatever most fits your symptoms. Also, if you look to be in the 70% range then you can still be evaluated for 100% IU even if you have other sc or non-sc symptoms IF the symptoms of your sc bp preclude you working. Hope this helps:

General Rating Formula for Mental Disorders:

Total occupational and social impairment, due to such symptoms as:
gross impairment in thought processes or communication;
persistent delusions or hallucinations; grossly inappropriate
behavior; persistent danger of hurting self or others; intermittent
inability to perform activities of daily living (including maintenance
of minimal personal hygiene); disorientation to time or place; memory
loss for names of close relatives, own occupation, or own name [size="4"]100[/size]

Occupational and social impairment, with deficiencies in most areas,
such as work, school, family relations, judgment, thinking, or mood,
due to such symptoms as: suicidal ideation; obsessional rituals
which interfere with routine activities; speech intermittently illogical,
obscure, or irrelevant; near-continuous panic or depression affecting
the ability to function independently, appropriately and effectively;
impaired impulse control (such as unprovoked irritability with periods
of violence); spatial disorientation; neglect of personal appearance and
hygiene; difficulty in adapting to stressful circumstances (including
work or a worklike setting); inability to establish and maintain
effective relationships [b]70[/b]

Occupational and social impairment with reduced reliability and
productivity due to such symptoms as: flattened affect; circumstantial,
circumlocutory, or stereotyped speech; panic attacks more than once
a week; difficulty in understanding complex commands; impairment
of short- and long-term memory (e.g., retention of only highly learned
material, forgetting to complete tasks); impaired judgment; impaired
abstract thinking; disturbances of motivation and mood; difficulty in
establishing and maintaining effective work and social relationships [b] 50 [/b]

Occupational and social impairment with occasional decrease in work
efficiency and intermittent periods of inability to perform occupational
tasks (although generally functioning satisfactorily, with routine
behavior, self-care, and conversation normal), due to such symptoms
as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or
less often), chronic sleep impairment, mild memory loss (such as
forgetting names, directions, recent events)[b] 30 [/b]

Occupational and social impairment due to mild or transient symptoms
which decrease work efficiency and ability to perform occupational
tasks only during periods of significant stress, or; symptoms controlled
by continuous medication [b] 10 [/b]

A mental condition has been formally diagnosed, but symptoms are not
severe enough either to interfere with occupational and social
functioning or to require continuous medication[b] 0 [/b]

Can somebody tell me why my bold and font size is not working? I tried to bold and then change the font of the percentages to set them out but it isn't making them bold or changing the size font.

Could it have anything to do w/ the fact that I copied/pasted the info in from the VA website?

Thanks,
TS Snave

GJ,

[b]Thanks![/b] but it's still a no-go.

Oh well,
TS