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The Whole System Fraud


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23 replies to this topic

#1 yulooking

 
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Posted 05 January 2011 - 08:25 PM

i did a cue claim about a 93 claim it made it all the way to the bva they dissmissed it said my claim from 1994 has been in appeal status and still pending

i thought this is great i was awarded 60% for the same issue and iu 2004 by the dro which has jurdition over appeal issue even say it on decision this is a full granted of all appeal issues.

this would mean there can not be any appeal issues from 94 they were granted 2004. eed should now be 1994.

no bva granted me 10% from 1994-2004 and say the ro granted me the 60% 2004 and remaned my iu claim so a doctor to tell if i could have work 1994 i have never work since 1994 they have ssi records which states this.

i have ask for my eed dates did the reconsideration and once again ask why my eed are not 1994 what i got was appeal to courts did that

now i am at the court and the lawyer from the ogc which is the lawyer for va has drag. she has not call my lawyer and took two month to appear on the cases

during this whole process not once has any part of va denied my eed or granted them just never answer. and past the buck and now the wait and they are not even working on my iu claim. i was told because my case is with the court that put a hold on the remaned amc.

this is a bold face lie va manual tell how to handle cases like this and you are to keep developing them. amc has since for 3 different doctor statements and everyone has agree with me and now they want a 4 and still will not answer how are u developing something that was granted.


so my belief is that the whole system is shot or they have system to all this hope you mess up before we pay

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#2 john999

 
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Posted 05 January 2011 - 09:55 PM

Yulooking

If it is in the hands of your lawyer you just have to wait. Is your lawyer getting paid a % of your possible retro? If they are it makes them work harder. If the lawyer is going to get 20% of several hundred thousand dollars they tend to want to make it happen. This is capitalism in action.

#3 Berta

 
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Posted 06 January 2011 - 07:10 AM

I feel that the AMC is useless and should be abolished.

They did award a veteran I know of with the most bizarre award letter I have ever read.An AO award some years ago.

I even discussed the award with NVLSP and they were as baffled as I was.I think that award will come back to haunt the veteran it someone ever audits the few awards the AMC makes.

The VA strung out my last claim in many ways-one was a remand to the AMC. The AMC did nothing with the claim but farmed it out to another VARO and during the time all that took for another denial both the AMC and the other RO still failed to read a single piece of my evidence.

John is right- with a lawyer on your POA there isn't much you can do but wait.

#4 yulooking

 
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Posted 06 January 2011 - 05:41 PM

once i got to the court i got the lawyer for free out of new york city but before i got him on the case they send me the record of the agency

it right there in the record i pointed out to lawyer the pages everything

o yeah when i did the cue claim my vso was to have withdraw did it at the dro hearing on the cue by law your vso is not to withdraw once the appeal starts because i hard to appiont another. in the record there isnt one paper about the withdraw they are to put the papers in with the board never done.

that alone will get my cases remaned

#5 carlie

 
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Posted 06 January 2011 - 05:53 PM

o yeah when i did the cue claim my vso was to have withdraw did it at the dro hearing on the cue
by law your vso is not to withdraw once the appeal starts
because i hard to appiont another. in the record there isnt one paper about the withdraw they are to put the papers in with the board never done.


yulooking,
Actually there is quite a bit more to it than that, in regards to change of representation at the BVA level.

#6 broncovet

 
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Posted 07 January 2011 - 06:22 PM

ulooking
If you use capitals and periods, it makes it easier for us "old guys" not all that used to texting to understand exactly what you are posting and you are likely to get a better answer.
It sounds like the BVA has already awarded you benefits, and you are trying to get the RO to implement the BVA award, and they are dragging their feet. I know, because they have done the same thing to me.
Try reading this training letter on RO implementation of BVA decisions: But, of course, I know where you are coming from...what to do when the VA just decides to go their own way and forget the regulations. APPEAL, APPEAL APPEAL. So what happens when you appeal, get a favorable appeal award, the the RO still refuses to award benefits. You have to appeal AGAIN.
http://www.hadit.com...12-va-fl-10-02/
If you read this fast letter on implementing BVA decisions, you will see that the VARO is supposed to implement them immediately. Obviously they did not do that, but at least you could email Brad Mayes, email address in the fast letter, and ask him why your implementation is being delayed, in spite of his fast letter.


#7 broncovet

 
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Posted 07 January 2011 - 06:39 PM

First, try being nice and go to your VSO and ask him to write you a letter explaining your position. If you have tried that route a few times, and the VA keeps avoiding you, Sometimes you just have to stir up a hornets nest when the VA refuses to follow its regulations. You can try any of these "hornets nest stirrers":
1. File a Writ of Mandamus. It will likely be denied, but you put the VA on notice that you arent going to put up with it anymore.
2. "Stir up a hornets nest" on IRIS. Send an IRIS email with a very bold heading such as a vawatchdog article on the shredding incident: http://www.vawatchdo.../nf021610-3.htm
3. Go to va vantage point, and get their attention by asking your questions there, in the comment section:
http://www.blogs.va.gov/VAntage/
4. Send them a 21-4138 where you have an "eye catcher" in Bold Letters, such as:

THIS CLAIM IS URGENT. Do not put it down put "work it" or ask your supervisor about it immediately.

#8 mrsvet28

 
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Posted 05 February 2011 - 04:43 PM

Yulooking

If it is in the hands of your lawyer you just have to wait. Is your lawyer getting paid a % of your possible retro? If they are it makes them work harder. If the lawyer is going to get 20% of several hundred thousand dollars they tend to want to make it happen. This is capitalism in action.



John 999,

Have a question
I filed a 21-4138 back in March of 2010'- for earlier date of claim- they awarded the retro to 2002- but opened the claim in 98'
now they say it is CUE-and have closed it , because I sent them the original 1998 application and their stamp
they say it is duplicate evidence so they closed it Dec7-the day they sent me a letter saying they were working on it-
I even called the IRIS and spoke to the woman in Sept. and she told me what to send in on a 21-4138-What are they up to
I

#9 john999

 
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Posted 05 February 2011 - 08:13 PM

Are you saying the VA called a CUE on themselves and are admitting your actual effective date is 1998? If you proved to them that you filed the original claim in 1998 instead of 2002 then you should be paid effective the 1998 date. I don't understand what you mean by the VA closing your claim. They have to either deny it or approve it and put it in writing.

#10 Berta

 
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Posted 06 February 2011 - 08:27 AM

"they awarded the retro to 2002- but opened the claim in 98'"

As long as the 1998 claim was continuously prosecuted until the award-

meaning - not Re-opened after a denial, and as long as the medical evidence in 1998 warranted a SC rating, then the proper EED would be date of filing the 1998 claim.

What was the VA's rationale in the decision for using the 2002 date?

#11 yulooking

 
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Posted 08 February 2011 - 06:53 PM

this is what they do now when they owe big retro. and use the amc as a holding pen. i did the cueclaim 2008 it got to bva was told my claim has been in appeal status since 1994 on july 2009. well i got a march 2004 dro decision which say full granted of all current appeal. would seem my effective dates would now be 1994. n va has been doing everything to not answer and now at the court and va still has not told why my effective date are not 1994. i will say one thing all veterans need to send letter to close amc they are not helping there is no number,the people there are rude,the bva which remand the issue to them will tell you they have no jurdition on them. so how are they than.

#12 carlie

 
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Posted 10 February 2011 - 03:52 PM

ulooking
If you use capitals and periods, it makes it easier for us "old guys" not all that used to texting to understand exactly what you are posting and you are likely to get a better answer.


bronco,

yulooking had a serious head injury active duty.
Grammer is not everything but yulooking has greatly improved since March 2008.

#13 john999

 
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Posted 10 February 2011 - 04:28 PM

Yulooking

Do you have a lawyer? We are talking about a lot of retro. It might be worth to hire someone to help.

#14 yulooking

 
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Posted 10 February 2011 - 05:30 PM

i really dont like u carlie everybody posting u have nothing but bad thing to say i wish u would not post any more replys to my posts see as y are having a hard time reading.

the vets here have alot to deal with the ---hole at va and i use my post to vent

i dont need your comments

yes i have a lawyer and my case is at the telephone conference stag at court will be held feb 25.

hope they fix all this after and yes is alot of retro that why all these game. call 1800 and they act as if they see none of my decision which is bull

i have just talk to amc and there saying they dont have folder to make a decision. va manual say that remaned are to be process during court process.

but once again amc is doing there own thing

#15 carlie

 
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Posted 10 February 2011 - 06:37 PM

i really dont like u carlie everybody posting u have nothing but bad thing to say i wish u would not post any more replys to my posts see as y are having a hard time reading.

the vets here have alot to deal with the ---hole at va and i use my post to vent

i dont need your comments

yes i have a lawyer and my case is at the telephone conference stag at court will be held feb 25.

hope they fix all this after and yes is alot of retro that why all these game. call 1800 and they act as if they see none of my decision which is bull

i have just talk to amc and there saying they dont have folder to make a decision. va manual say that remaned are to be process during court process.

but once again amc is doing there own thing


yulooking,
You might want to check your PM's.

#16 jbasser

 
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Posted 10 February 2011 - 07:36 PM

Yes, read your PM's. This is a misunderstanding that needs to be cleared up right now.


Basser

#17 yulooking

 
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Posted 12 February 2011 - 08:26 AM

what is a pm never hear that here.

#18 jbasser

 
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Posted 12 February 2011 - 09:10 AM

Scroll up to the top right of the screen. Find your name.
Click on the down arrow beside your name and select messenger.
Open it up and read away.


JBasser

Edited by jbasser, 12 February 2011 - 09:10 AM.


#19 rakkwarrior

 
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Posted 20 February 2011 - 08:19 AM

Many individuals, agents, attorneys, and VSO's will withdraw representation because the claimant is not being cooperative in their efforts to prosecute the appeal, or in some rare cases the claimant withheld facts material to the case which made the claim unethical, inherently incredible, or otherwise in conflict of interest. In other cases, I have found a claimant who is pending a BVA hearing and his representative is sick, cannot show up, and we take representation to assist the veteran. The latter is on a cases by case basis. The regulation, and Rule of Practice governing representation is found below, and must be filed as a motion as noted.

DAV does not withdraw representation but in rare cases, however others will withdraw if you file an appeal/NOD without them knowing, or otherwise exclude them from the claims process in which they are otherwise obligated to be involved in.


Title 38 C.F.R. 20.608(2) Procedures. After the agency of original jurisdiction has certified an appeal to the Board of Veterans' Appeals, a representative may not withdraw services as representative in the appeal unless good cause is shown on motion. Good cause for such purposes is the extended illness or incapacitation of an agent admitted to practice before the Department of Veterans Affairs, an attorney-at-law, or other individual representative; failure of the appellant to cooperate with proper preparation and presentation of the appeal; or other factors which make the continuation of representation impossible, impractical, or unethical. Such motions must be in writing and must include the name of the veteran, the name of the claimant or appellant if other than the veteran (e.g., a veteran's survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual's behalf), the applicable Department of Veterans Affairs file number, and the reason why withdrawal should be permitted, and a signed statement certifying that a copy of the motion was sent by first-class mail, postage prepaid, to the appellant, setting forth the address to which the copy was mailed. Such motions should not contain information which would violate privileged communications or which would otherwise be unethical to reveal. Such motions must be filed at the following address: Office of the Senior Deputy Vice Chairman (012), Board of Veterans' Appeals, 810 Vermont Avenue, NW., Washington, DC 20420. The appellant may file a response to the motion with the Board at the same address not later than 30 days following receipt of the copy of the motion and must include a signed statement certifying that a copy of the response was sent by first-class mail, postage prepaid, to the representative, setting forth the address to which the copy was mailed.

(Authority: 38 U.S.C. 59015904, 7105(a))



#20 yulooking

 
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Posted 23 February 2011 - 07:10 PM

that what i am taking about non of that was done

#21 yulooking

 
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Posted 24 April 2011 - 02:50 PM

this why veterans need to no the law i will use this after this judge play with my claim.

this should get atleast my case loo at again

my vso withdraw right as my cases was going to bva

and i have not been able to get a rep since my cases has been at bva

and bva is a hard place to get to look at info with out a rep.

#22 yulooking

 
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Posted 03 October 2011 - 07:49 PM

well i guess the va will get away with what they have done.

the informal iu claim that was found during my cue has now been remaned 2 nd time to amc. i have iu since 2004

amc has closed my elbow claim which was pending for 18 yr got granted by bva and amc granted 0% effective 2007 closed the cases cant nod told to appeal to court.

this was my first rating form services done this way.

well i just have the courts cases been there a yr now got about 6 month more.

and when every my iu claim come form amc denied again and go back to bva.


i will give it up to va if they done want to do something they just send it around.

#23 Berta

 
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Posted 04 October 2011 - 06:59 AM

"closed the cases cant nod told to appeal to court."

I hope you do appeal this to the CAVC.

"the informal iu claim that was found during my cue has now been remaned 2 nd time to amc."

Hopefully that too can be referred to in the CAVC case.

Unless things have changed- once you get on the docket at CAVC they publish your address etc and you will hear from CAVC lawyers.
That is what happened to me when I had filed a Mandamus writ.

Once they found out this was a mandamus filing (no money involved) the lawyers who I responded to were not interested in the case. Except Ken Carpenter- he didnt want to handle the mandamus (things have changed in that respect because a few Mandamus cases have given some vet lawyers a lot of good 'press'in the past years ) but said to contact him if my claim ever went to the CAVC.

So you should hear from lawyers if you file at the CAVC.

It might be a good idea yulookin' to write up a brief description of why you feel the elbow claim decision was wrong and try to get into this write up- the explanation of that CUE claim (give them the BVA Docket and Citation number).

Thia way if a lawyer contacts you due to a new CAVC filing- you have the basis of the case at your fingertips or could email it to them.

I know a vet who had 12 years of BS with the VA- went to the CAVC twice- had 2 lawyers (whose fee I prepared NOD on)
and he unfortunately stuck it out with them but they didn't help him at all.

Most of the CAVC lawyers are not like this at all.

They don't want bad results that vets can post on the net.

Still they can only work with evidence they have.

Finally he won his claim.No one-not even his lawyers had really accessed and read his SMRs.

His nexus was in them.

He refused to give up!!!! By the time I met him (I was doing volunteer claims work for my former reps) this vet was
angry and very difficult for me to deal with.

But he refused to give up and won a very large retro amount.

It goes to show that Persistence pays off. There are plenty of good CAVC lawyers around. But the last thing any vet should do is give up.

"well i guess the va will get away with what they have done."

Yulookn' when I got my award letter last year (based on my BVA award) the VA tried to give me some BS unlike anything they had ever tried to pull on me before.

Since I had been an active claimant for most of the last 17 years- I was used to fighting back to their BS but this one was a doozy -and whoever prepared the decision ad even made up a regulation!

I had an award letter and the VA owed me cash. It took me almost a year to fight for the cash.

The reg they made up said 1151 DIC awards were the same-=regarding ancillary benefits as direct SC awards!

This was outrageous! They also refused to refiund a FTCA offset I had. (Direct SC trumps 1151)

By fighting back I got about $100,000 in ancillary and additional benefits due to me under direct SC.

They wanted me to give up or die. No way on that.

I hope you continue to pursue your claim.

#24 yulooking

 
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Posted 05 October 2011 - 03:20 AM

i will never give up

i did the cue i post the bva decision here before

bva stated my claiim form services has been appeal status since 1994 dissmissed my cue. say there was never a appeal decision made on theses pending appeal this was false and they no it

they say buffalo never cretify my appeal they sat there.


during these pending appeal i put in paper which va treated as and increase rating claim during the appeal of this i was granted 60% for the same issues that was pending and iu by the decision review officer which stated in bold letter this is a full granted of all currenty appeals gave me the effective date i put in the paper 2001.

did the cue 2008 of the 1994 decision

bva turn around adjudcated my appeal that were to b pending granted me 10% from 1994-2001 and remanded the informal iu claim to develop 1994-2001


call my dro decision and ro decision to do this. and ro decision can not made a pending appeal final only a appeal decision


they aware that why there stoping 2001 and will not tae anything i send to bva will not even take my reconsideration


i won a cue goin back to 1994 and they found the informal iu claim in the record i have iu how are you developing something i have.



yes i am at the court and they can grant my effective dates because all this became final 2001 for both issues just been a whole yr and va has not even say this was a cue in there brief




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