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I Hate The Va! I Hate Them I Hate Them I Hate Them


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#81 jbasser

 
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Posted 18 December 2008 - 07:12 PM

Pool guy - if she gets a DRO review the background of the previous rater is moot because the DRO will be the one making a new Decision on his claim. Have you ever heard of anyone successfully winning a case because of the education/background of the rater? To me this is completely irrelevant as the VA has the authority to rate the claim no matter what the education/background is of the rater. I am concerned you are, with good intentions, steering SB down a blind alley that will just delay her claim further.

Thanks,
TS Snave


TS, for administrative reasons, Please bow out out of this topic.

Thank you

J

#82 SouthernBelle

 
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Posted 18 December 2008 - 07:46 PM

I only have 30 Days to respond to the SSOC, it is dated 10 December 2008. If I request the DRO review, does that count as a response or do I have to send the NOD in at the same time so I still make their deadline?

#83 rentalguy1

 
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Posted 18 December 2008 - 07:52 PM

poolguy...read the evidence that was considered. The evidence that was of record at the time of the decision clearly does not merit a 70% rating when compared to the criteria listed in the Chronic Adjustment Disorder criteria of 38 CFR 4.130. The education level of the rater is moot, regardless of what appeals process is taken. Section 4.2 assures this by stating that it is the responsibility of the RSVR to interpret reports of examination in light of the whole disability picture. Sections 4.3 and 4.7 do not apply in this claim, either, due to the nature of the evidence in the file. In the absence of the evidence that I listed previously, I can almost guarantee that this decision will not be overturned by either a DRO or the BVA.

TS, your point is valid, and upheld by the regs.

#84 rentalguy1

 
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Posted 18 December 2008 - 08:04 PM

You have to submit an NOD before you can ask for a DRO review. Write it so that you are disagreeing with their decision dated XXXXX, then at the end of the letter tell them that you wish to have a DRO review with a IN PERSON hearing.

I still urge you to consider what you are doing before doing it. I will stand behind you and help no matter which direction you go, though.

#85 poolguy11550

 
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Posted 18 December 2008 - 08:20 PM

"while some symptoms supportive of a 70% evaluation are noted by the evidence we reviewed, the disability picture more nearly approximates the criteria at the 50% level."-

What specific evidence brings the "disability picture" to the 50% level. Also note that there is no reference to the reasonable doubt- was this important step even considered? The point is we'll never know because the record is silent to that fact. Therein lays my point- the claimant my be 50%, but it is the VA's duty to clearly note why it came to such decision.

#86 rentalguy1

 
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Posted 18 December 2008 - 08:28 PM

read the evidence considered portion of the decision letter, poolguy. There are more pieces of evidence listed from he doctor that are supportive of a 50% rating than of a 70% rating. The evidence is not in equilibrium for or against a 70%, so 4.3 (reasonable doubt) does not apply. Section 4.7 does not apply either, because the degree of disability more clearly approximates the 50% evaluation, as proven by the evidence available and considered at the time of the decision. Had the newer evidence been available at the time of the decision, it no doubt would have merited a higher rating. Due to the slow nature of the rating system at this vet's RO, though, that evidence was not available. An attempt to appeal this claim will find the new evidence and merit the higher award, but it will change the effective date of claim to the date of the new evidence, and it will take a considerable amount of time to get there. This vet's spouse has eluded to current financial conerns. In light of that, a new claim for increase would be the most prudent route becuase of the lesser amount of time to adjuducation. It would cost them less than a few thousand dollars in retro money, but it would gain them a higher disability payment in a shorter amount of time, which can make all the difference to someone who may be struggling financially.


Please go back and read the evidence listed, and then apply it to the rating critera.

#87 john999

 
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Posted 18 December 2008 - 08:46 PM

I would send in the NOD and ask for a "DRO Hearing" which is different from a review. I asked for De Novo Reviews with my NOD's in the past and it did not work. All I got was a "cut and paste" denial based on the original decision. You got to insist on a personal hearing with the DRO. The hearing will be very informal and you can bring new evidence and testimony. This is your chance to make your main points. The whole claim can turn on just having a DRO read a few lines of evidence. They will record the hearing and get a transcript to you. You should get something from the VA confirming the fact you are getting a DRO Hearing. Have a VSO or someone who is calm, cool and collected present your evidence for you, and your husband. Whatever you do don't lose your cool. Everything in the VA system can be appealed.

#88 poolguy11550

 
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Posted 18 December 2008 - 08:49 PM

rentalguy1- read it, and I re-read it. I still come to my same conclusion. With that I guess we can agree to disagree. Seems to me that your more familiar with the situation of SB and her husband than I am- so I surrender on that point.

#89 SouthernBelle

 
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Posted 18 December 2008 - 08:57 PM

The DRO process is how I got the increase from 30% to 50% and the partial CUE award. I wanted to go that route again, but we're about 5 hours from the RO, and I do NOT want one of those "TV screen" hearings. I want the real deal, across from the desk.

I didn't lose my cool the first time around, the hubby did, (enough to kinda scare the DRO a little, and enough for the DRO to ask that I handle ALL matters VA related, it is in the transcripts! :P ) I want to do that again, so that's my next step.


I would send in the NOD and ask for a "DRO Hearing" which is different from a review. I asked for De Novo Reviews with my NOD's in the past and it did not work. All I got was a "cut and paste" denial based on the original decision. You got to insist on a personal hearing with the DRO. The hearing will be very informal and you can bring new evidence and testimony. This is your chance to make your main points. The whole claim can turn on just having a DRO read a few lines of evidence. They will record the hearing and get a transcript to you. You should get something from the VA confirming the fact you are getting a DRO Hearing. Have a VSO or someone who is calm, cool and collected present your evidence for you, and your husband. Whatever you do don't lose your cool. Everything in the VA system can be appealed.



#90 tssnave

 
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Posted 18 December 2008 - 09:17 PM

J - I will comply w/ your request to bow out of this thread though I am unclear what "administrative reasons" there would be that require me to do so.

Rental Guy - Thanks for the back up.

Regards,
TS Snave

#91 poolguy11550

 
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Posted 18 December 2008 - 09:31 PM

J - I will comply w/ your request to bow out of this thread though I am unclear what "administrative reasons" there would be that require me to do so.

Rental Guy - Thanks for the back up.

Regards,
TS Snave


Every argument needs a good counter-argument. I believe that 100%. I could be wrong and counter-points is one such way to provide the best advice to the veterans that post here in this forum. I think rental guy had it right- "I still urge you to consider what you are doing before doing it". That should apply to everyone asking for advise. Rental guy & tssnave I welcome your counter-views- this debate will make us all stronger in knowledge.

#92 Pete53

 
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Posted 18 December 2008 - 09:41 PM

The best way to learn is to have a different opinion and thrash it out. As long as we can do this civilly its a good thing and so far that has been done.

TS I cannot speak for John but I think that your opinions are fine for this discussion just for all no need to keep beating any dead horses.

As for me I think that PoolGuy argument makes more sense.

As Alex Humpfrey used to say any extra bites at apple were worth doing.

As far as the rater 's credentials what makes him able to override a Medical Opinion by a VA Doc?

#93 carlie

 
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Posted 18 December 2008 - 10:03 PM

OK, my 2 1/2 cents,

SB's (husbands) claim issue in question was granted @ 50 %, reconsideration might work. Remember this 50% was granted by DRO Appeal - if the reconsideration doesn't work then
a timely NOD has to be filed - and because the NOD would be on a different issue
than what were the issues of the first DRO another DRO would be allowed, yet
all of this would take a very considerable amount of time.

I think something that hasn't been hashed out is procedures for a
Post DRO and if I remember there are some regs for that.

Also, Southern, I feel it is of great importance for the psyc doc to have some visits with
hubby with you sitting in the hall - this should HELP his claim as doc will have to deal
with hubby's behavior or lack thereof.

Maybe Wings can post them (Post DRO) as she is really great at finding the right regs.

I will try to find it in the mean time.

Hope this helps a vet.
jmho,
carlie

#94 jbasser

 
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Posted 18 December 2008 - 10:15 PM

[quote name='tssnave' date='Dec 18 2008, 10:17 PM' post='120027']
J - I will comply w/ your request to bow out of this thread though I am unclear what "administrative reasons" there would be that require me to do so.

Rental Guy - Thanks for the back up.

Regards,
TS Snave

TS, I openly apologize to you for asking you to bow out of this topic.

Southernbelle was being pulled like a whishbone being told do this, do that and if a person in her shoes that is not what she needs.
I know everyone means well.
Again I apologise to you.

John

Edited by jbasser, 18 December 2008 - 10:15 PM.


#95 carlie

 
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Posted 18 December 2008 - 10:26 PM

rental, tsnave, poolguy, anyone,

Is this any help

I couldn't get this to post exactly as the rules read so you
may need to go to the link and read it.
carlie

http://www.warms.vba...ov/M21_1MR.html


Chapter 4 - Hearings

1 - General Information On Hearings

Who Conducts Post-Decisional Hearings


3. Scheduling and Preparing for
the Hearing

Introduction -- Schedule the hearing and prepare for it by reviewing the evidence.



This topic contains information on



scheduling a hearing

scheduling a hearing when a request is received without a notice of disagreement (NOD), and

preparing for the hearing.



May 6, 2005



a. Scheduling a Hearing

Schedule hearings within a reasonable amount of time from the date the request is received.



b. Scheduling a Hearing Request Without a NOD

Schedule a post-decisional hearing when a hearing request is received but a NOD has not been filed.



c. Preparing for the Hearing

To prepare for the hearing, review all of the issues and evidence.



Use the table below to determine how to conduct the review.



If

Then

the review disclosed a need for additional evidence from a third-party or another issue that should be considered

request the additional evidence

address the other issue, and

refer the issue to the appropriate activity for development.



Note: Do not postpone a hearing for receipt of evidence.

The DRO is empowered to hold post-decisional hearings on VBA benefit issues. The duties and authorities of the DRO may also be exercised by the VSCM.



The DRO serves as an integral member of the Appeals Team, reporting to its Coach.



Note: If the DRO participated in the original decision, another DRO or acting DRO must hold the hearing.





Edited by carlie, 18 December 2008 - 10:32 PM.


#96 SouthernBelle

 
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Posted 18 December 2008 - 10:55 PM

Carlie, I just read through a TON of that stuff, and it is quite interesting. I'm going to use it to my advantage, that's for sure!

#97 SouthernBelle

 
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Posted 19 December 2008 - 03:22 PM

Okay, so the assistant director that I was talked to earlier this week called me back. He had a Decision Review Officer with him, I was on speaker phone and talked to both of them. It was a very pleasant conversation, and I'm hopeful that something will be done. I explained that the doctor was of this opinion, it is in his file, and that I sent in treatment reports from every visit after we filed the claim, so they should have them, they don't, but he's going to talk to Dr. Buffo directly! That alone kind of shocked me. Anyways, the DRO said she was very sorry for the way we had been treated, (apparently, the assistant director warned her about me ;) ), she promised to help any way she could. I cited this court case: http://www.va.gov/ve...s01/0104153.txt and he then asked me to email him the case I was referring to. I did right then, so he should already have it. They asked if we had any family support. I said, "Not really, we exhausted all financial family support about six months ago, and neither one of our families understands PTSD and all that goes with it." It seemed like they really wanted to fix this. It seemed like they thought something was done wrong, but weren't going to admit that it had been. SO, here goes nothing! I've got a whole bunch of eggs in this basket, but not all of them! I'll give them two weeks to see how this plays out. (14 business days ought to do it!) Then I'll send in the stuff I've already written up. Cross your fingers! I've got everydarnthing crossed!

#98 Commander Bob

 
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Posted 19 December 2008 - 05:09 PM

Congratulations on your day, SouthernBelle. I loved it when you immediately emailed him the case law. It sounds like "you followed your Hadit Personal Statement. you were angry, but kind; demanding, but polite; and firm but soft-spoken" . Glad to hear it was a "very pleasant conversation". After what you have been through lately, many people would of "lost it " and read them the riot act. Please keep us posted on the outcome of this day. Some high level bureaucrats and politicians beguile the constituent and then disappear back behind the curtain. My most positive thoughts are with you and your family this Christmas season. I sincerely hope that your precious little son's mother has a fantastic new year.

Cmdr.Bob

Edited by Commander Bob 92-93, 19 December 2008 - 05:16 PM.


#99 SouthernBelle

 
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Posted 19 December 2008 - 05:33 PM

Awwww, shucks, Commander Bob! You made me blush. Thank you for the wonderful wishes and comments. Sometimes I wonder about myself, ;) but you made me feel like I'm not as crazy as I think I am! :D

#100 Pete53

 
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Posted 19 December 2008 - 07:22 PM

Way to go Belle.

#101 SeattleShay

 
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Posted 19 December 2008 - 09:46 PM

Way to go SB, you have now set a precident for all of the rest of us dealing at this level.
I have a call in now to the Seattle Director quoting what happened in your case today. They will now have to do the same for me and all of us. They have never let me speak directly with a DRO and now they will have to or Sen. Patty Murray's office will want to know why.
Thank you...Thank you !!!!!!!!!!!!

#102 allan

 
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Posted 20 December 2008 - 02:43 PM

DRO review?

When my claim was denied by the VARO rater, the SO requested a DRO review after filing an NOD. The Rater that denied the claim got promoted to a DRO. So the same one reviewed it again and rubber stamped another denial under the DRO review. It was slightly changed from his denial as a rater, but only slightly.
I than requested a BVA traveling hearing. It took four yrs to get one.

#103 Tayo

 
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Posted 20 December 2008 - 04:15 PM

Hello SouthernBelle,

I tried reading everything in this post. I can see why you are angry.

Everyone gave some good advice.

Rentalguy and Berta mentioned something extremely important. From what I read from your attachment, I also can see why the rating was 50%. It was all in the presentation.

What I took from what Rentalguy and Berta,,, "now you know what the requirements are for a 70% rating,,, be that requirement."

So, if it takes not washing and dressing sloppy for a few weeks,,, especially the week you go to see your psychiatrist/psychologist,,, so be it. If it takes being an emotional roller-coaster,,, that provider needs to be aware of such things. ---wink, wink---

Remember,,, if you know what rating you want,,, "be that rating."

PTSD has many, many facets. If the VA rates you at one level,,, I believe it plausible to get the next.

Remember, "be the 70% rating."

You deserve it and much more.

Tayo

#104 SouthernBelle

 
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Posted 20 December 2008 - 05:18 PM

Thanks, Tayo. The thing is this, though: As many PTSD patients know, if you change doctors, it takes a few months to build trust. This was the case with my husband. The treatment records immediately AFTER the dates they used get very detailed and in depth. I sent them the copies, they "never got them." Having said that, they need to look at the most recent treatment records and evaluate based on that. They know it takes a Veteran a while to trust the new doctors, that's why (I think) they used those particular dates; there's nothing TO the treatment. Appointments went like this:
(Doctor) "So, how are you feeling?"
(Hubby) "Fine"
(D) "Anything you want to talk about?"
(H) "Nope"
(D) "How's the medication?"
(H) "It sucks"
(D) "Why?"
(H) "Because. Can I leave now?"
(D) "I really think we should talk"
(H) "I can't yet, I don't feel like it"
(D) "Okay, well, maybe next time?"
(H) "Will there be a next time?"
(D) "Of course, Mr. XXXXXXX, why would you ask that?"
(H) "Just had a lot of doctors ditch me"
(D) "Huh. I'll see you in a month, we will talk then, right?"
(H) "Maybe, thank you for your time, sorry I wasted it."
THIS is what it was like for a few months in a row. (He only had ONE appointment a month). That's why I got so mad. They used the records that LEAST supported the higher rating, even though I SENT THEM the newest copies of everything. They just didn't want to give the higher rating.

#105 Tayo

 
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Posted 20 December 2008 - 06:33 PM

OMG SouthernBelle,

I COMPLETELY understand about sending VA copies of things and they never get it. I just experienced that,,, they told me that "ALL" my documents sent to them were "misplaced."

URGGHHH!!!

I am starting to think that the VA doesn't want to grant benefits,,, that maybe a reason why the most important documents are "misplaced." The documents that would prove a higher rate.

I'm so glad you got to talk to someone. I actually learned from you. I had no idea we could actually call and get to speak with a DRO.

Please, keep fighting and posting what you are doing. Once again,,, I am taking notes so I know what I can do in my case.

Thanks, thanks, thanks, thanks,,,

Tayo

#106 purple

 
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Posted 20 December 2008 - 06:39 PM

Tayo-

"now that you know the requirements for a 70% rating...be that requirement" ???? please tell me you are kidding. This boarderlines fraud.

No room for that kind of advice here.

#107 rentalguy1

 
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Posted 20 December 2008 - 06:42 PM

Tayo...I wasn't saying to "be the rating." That would be falsification, which would put a veteran both in jail and in the poor house. Her veteran is already the 70% rating, and quite possibly the 100% rating. What I was saying is get concrete, documented proof of this, in strict VA language, and then do everything you have to do to stick that evidence under the nose of the rater. It usually is as simple as stating your case to your VA doc, showing them the decision letter, and asking if they can translate their medical opinion into VARO language in the vets records. It has worked well for me, and several others that I have spoke with, including some on this board.

#108 MikeR

 
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Posted 20 December 2008 - 06:50 PM

I told the doctor the truth and I thought I was doing quite well, it seems that my opinion was shall we say not the correct opinion. It is very hard to open up and share. Having PTSD is not like having a rash that we need to show the doctor. While fraud is a crime, it is also a fraud to yourself not to come to grips with a mental health illness that is ruining your life. If that is what in fact is happening then the VA needs to know and compensate you properly. I think he should be 100% without delay.

#109 jbasser

 
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Posted 20 December 2008 - 10:39 PM

Tayo...I wasn't saying to "be the rating." That would be falsification, which would put a veteran both in jail and in the poor house. Her veteran is already the 70% rating, and quite possibly the 100% rating. What I was saying is get concrete, documented proof of this, in strict VA language, and then do everything you have to do to stick that evidence under the nose of the rater. It usually is as simple as stating your case to your VA doc, showing them the decision letter, and asking if they can translate their medical opinion into VARO language in the vets records. It has worked well for me, and several others that I have spoke with, including some on this board.


Bingo. You just hit the nail on the head. Getting the VARO and the VA Doctors on the same page is imparative and can make or break a claim.

J

#110 Tayo

 
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Posted 21 December 2008 - 09:53 AM

Hello everyone,,

I was not talking about fraud.

This is what I am saying:

I have read many post on this site. I have learned many things with the VA. Personally, I am a physician.

When I say, "be the rating" and actually put ---"wink-wink" --- I mean that the majority of us really need to look at our condition. I truly believe that all of us deserve at least the next highest rating. I worked on a few of my friends disability claims. I found that their ratings missed a lot of information. Let me also add,,, these individuals were rated for PTSD.

Anyhow,,, I found in their initial rating,,, they were 50%. I got them to the 70%.

How???

Thoroughly looking in their medical records, talking to them,,, getting permission to speak to their psychiatrist. With that information,,, and knowing the information the VA is looking for to grant the higher information,,, the psychiatrist and psychologist knew what to concentrate on so that the information is correctly entered in the "Progress Note."

With that said,,, be the rating. If you are having times when you are troubled,,, not getting up,,, not grooming yourself,,, don't change only when you are going to see the doctor. That defeats the purpose.

Part of the examination is what the provider actually witness.

Fraud, not at all. Falsification,,, not at all. In other words,,, do not dress up for the doctors appointment,,, do not tell the doctor that everything is okay when everything is not.

However,,, do let the provider know what the VA is looking for when deciding benefits. 9 times out of 10,, the provider does not know. For instance,,, many people ask, "How to tell the doctor how to write a NEXUS letter." This is the same.

So, rentalguy,,, Purple,,, I apologize. I did not make myself clear. I was very angry because these raters have no clue and if things aren't "spelled out" to them,,, the decisions they make may not be the best decision for the veteran.

I am not sure how many "raters" are physicians,,, nurses,,, or any provider. I am not sure if they truly understand the wording in progress notes, laboratory findings,,, etc.

Please, the last thing I want to do is promote falsification. I AM EXTREMELY AGAINST FALSIFICATION!!! Trust,,, I am trying to get the R2 rating. Short term memory loss,,, right side (dominant) weakness. I.V. infusions every 2 to 3 months,,, 30 pills a day,,, walking with a cane AND still falling down stairs, tripping over the dogs, broken arm,,, broken leg,,, no balance,,, etc. etc., etc. AND with all that said,,, not able to practice medicine.

So,,, what can I do. I can sit at a computer. Cognitively,,, I may have short-term memory but,,,, I can write things down. What can I do as a physician,,, I can help veterans find things in their medical records. I can talk to their providers,,, I can word things so that raters understand what is going on with the patient. I can do this for free because, I believe that veterans deserve everything they can get.

We fought hard for our country. Most of us volunteered to serve,,, not wanting to get hurt. Those of us who didn't volunteer,,, went in and didn't plan on getting hurt.

So,,, if I can go through every piece of note in a medical file,,, if I can talk to a provider,,, if I can tell a patient to not "be themselves" when they go to a provider and not "dress up,,," then I will do that.

So, once again,,, please know,,, when I say,, be the rating,,, I mean it. I mean it from the bottom of my heart.

For instance,,, it is like dressing up every Sunday to go to church. But, throughout the week,,, you wear jeans. I am saying,, don't dress up,, wear the jeans to church. Be who you are. Be who you are... Be who you are.

Please,,, I hope this makes things a little clearer.

Tayo

#111 Tayo

 
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Posted 21 December 2008 - 10:00 AM

Hello all,

I just reread everything. I am just so sorry. This site has helped me so much and I feel that I let everyone down. ;)

Please know,,, I by no means believe in falsification. Education, yes,,, but falsification, no. That goes against my creed.

I really hope my explanation I just submitted makes everything clearer on what I meant. If not,,, please let me know.

Once again,,, I am sooooo sorry. I did not mean falsification nor do I promote that. I am so sorry. I really am.

I think I was misunderstood. That is my fault because I was not clear.

Please let me know if I cleared everything.

:D

Tayo

#112 rentalguy1

 
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Posted 21 December 2008 - 10:22 AM

I understand what you were trying to say now, Tayo. Everything is cool. I didn't know you were a physician. That is wonderful to know and have you here for us.

#113 purple

 
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Posted 21 December 2008 - 12:13 PM

Tayo-
Thanks for the explanation, I truly appreciate it and understand as well. Good luck with your claim and thanks for being here to help.

#114 Tayo

 
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Posted 21 December 2008 - 02:33 PM

Thanks so much,,,

It feels so good to be a part of this family. Really,,, In my mind,,, I feel like a younger brother to some (just turned 35),,, and a older brother to others. Like one big family. Literally,,, Hadit has become a welcomed part of my life.

;)

Tayo

#115 CRYPTOTECH

 
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Posted 18 January 2009 - 01:31 AM

Fraud??? Falsification???......Nah, those are two words commonly used by "controlling" authorities when things become political. I like the phrase, "smart honesty." Remember, the VA isn't trying to find the highest rating for the VET so if you feel sad and depressed at home make sure you are sad and depressed when you see the doctor. Vets get squandered every day when the VA rates claims. YOU are the controlling authority when managing your condition and I wouldn't say it's
fraud or falsification to explain in every detail surrounding your condition and how it affects your daily life. Let's say you felt really depressed for two weeks and then all of a sudden you feel ok the day of your appointment. You better let the doctor know that you HAVE been feeling depressed. You better not tell the doctor you're feeling better just to please the shrink. in other words don't fubar yourself and use "SMART HONESTY." The VA knows this term all too well since they use it on a daily basis.


We all know it is SOP for the VA to rate claims the lowest % possible.


So if you think it's FRAUD to open up to your shrink then what is it called when the VA doen't rate claim according to the Regulations? And what is it called when the VA examiner misinterprets the facts to benefit the VA?? What is it called when the VA doesn't include important medical information when they make a decision??? That all sounds more like fraud to me.

Fraud is a word that's so easily thrown in to make the Vet feel like they are doing something wrong when they really aren't. It's a two-way street in the game of cat and mouse.

#116 broncovet

 
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Posted 18 January 2009 - 07:17 AM

Rental guy..
I am going to take Belles side because you said, to the effect, its a "numbers game only"..that, since maybe her hubbie had only 5 symptoms in the 70% category, and 8 sypmtoms in the %50 category, that he must be rated at 50%. I dont agree with that because that assumes that all symptoms are alike, and have equal weight..that suicidal ideation with intent to plan is the same as an inability to maintain relationships, for example.
It does not take any VA "fuzzy math" for me to know that suicidal ideation with intent or plan, could have a far different consequences than just not getting along with your spouse..and that these symptoms are NOT equal in importance.
Further, I contend that if Bells Hubby DID have suicidal thoughts (no offense Bell..I am not sure whether he does/does not have SI..I am just making the point that "all symptoms are not alike"), that "symptom" MUST be taken seriously by the VA, or else they are demeaning the Veterans life!

Edited by broncovet, 18 January 2009 - 07:27 AM.


#117 CRYPTOTECH

 
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Posted 18 January 2009 - 12:01 PM

Hello,

Many of these problems would be solved if the VA rated claims the same way Social Security determines if someone is disabled or not. You could have a disabling condition keeping you from working or going to school but the VA will only rate you on the severity FROM SYMPTOMS, not that you can't sustain a job. The Social Security will grant you full disability from not being able to work or go to school.

It's not in the VA's best interest to evaluate disabilities based on the hinderance of job function or your inability to get an education.

Take it as it is and I say, "GIVE EM ALL YA GOT AND THEN SOME."


Oh, and be persistent as hell. Make them know you're not going away. You will succeed in the long run, as long as you're a LONG DISTANCE RUNNER.

outa

#118 CRYPTOTECH

 
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Posted 18 January 2009 - 12:13 PM

I know it easy to "HATE" B) the VA. I like to suggest using, "CONTROLLED ANGER." :P

"GET EVEN" B) IN OTHER WORDS.

Don't let up and keep fighting until the end. Many "GIVE UP" :lol: on their claims and the VA sees this as a "WIN IN THE BOOKS." B)

I KNOW IT'S EASY TO THROW IN THE TOWEL BUT DON'T QUIT.

"DON'T LET THEM WIN SO WE CAN ALL HAVE A NICE GLASS OF WINE IN THE END."

#119 Pete53

 
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Posted 18 January 2009 - 12:52 PM

Since 1991 when I got into this mess the VA has to face the fact that the number of Veterans that they serve are dying off at a pretty quick clip. So it would sevre their job security better to help Veterans. I wonder if they will ever see the light.

#120 rentalguy1

 
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Posted 18 January 2009 - 01:39 PM

Broncovet:

Those who continue to think in this manner are those who are destined to be caught up in the VA process of appeals for years and years. You can either learn how they operate, fall in line, and get a quick win, or you can buck the system and try to tell them the way they SHOULD adjudicate claims and continue to lose. The choice is yours.

Of course it makes no sense to do things the way the VA does it. However, they do it the way they do it, and bucking their system during a claim may be helpful to bring about change in the overall scheme, but it only serves to hamper your own claim. You should learn what evidence it takes to get a specific rating, gather that evidence before filing, then, when your claim is settled, you can contact the VA, your elected officials, and the media in an attempt to change the system.