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Veterans Backlog: 'we Have A Fix'

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#1 pete992

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Posted 28 March 2013 - 11:48 AM

found on:

 

http://www.stripes.c...tm_medium=email

 

 



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#2 jbasser

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Posted 28 March 2013 - 12:04 PM

My reaction to the fix:

 

 

J



#3 71M10

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Posted 28 March 2013 - 01:21 PM

If we really want to get rid of the backlog on claims and ensure the system is not adversarial here is the solution!

 

Regional offices would no longer work claims for inital compensation or increase.  All original claims for compensation or claims for increase will be handled by special masters (Lawyers or Doctors) hired by and supervised by your congressional representatives office(in district not DC).  If they need an exam you would be given a voucher/purchase order usable with any physician paid at the actual going rate not medicare rates.  Veterans again would get the benefit of the doubt, because no politician's office is going to hack off a potential voter unless the claim is clearly without merit.  If a person disagreed with the initial decision it would be moved to a VARO office and developed like an existing NOD/APPEAL.  Any proposed reduction would need to be signed off by the special master's located at the individual Congressional representatives office.  Staffing levels could be determined by % of veterans in district, (may need to be added to census).

 

What do you think folks?    



#4 Chuck75

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Posted 28 March 2013 - 02:40 PM

The most effective way to encourage the VA to do "what is right" is to penalize the VA when it does not.

Delay a claim with at least the minimum merit? After 180 days, pay the claim at the sought level consistent with 

the most favourable evidence on a temporary basis, until the claim makes it through the system.

No refunds to the VA, unless the claim is clearly fraudulent.

Denied claims will receive 1/2 the work credit (or less) when compared to an approved claim.

(This helps motivate RO's to fully develop a claim, and actually apply "benefit of doubt".)

Subtract appealed claims from the work credit, and perhaps at a double rate when the BVA or higher

sends the claim back for further development. Set a 180 day limit on an appeal, and pay the claim as above.

 

Insure that "Due Process" is defined and treated the way that the federal court system does.

Insure that VA "Fiduciary" appointments comply with the "uniform codes" and state laws that the veteran resides in.

"Who writes the checks" is NOT a valid reason to use in determining if a veteran is competent.

A VA determination of incompetency, to be valid, must be made by a medical doctor, in a speciality qualified to do so.

A licensed treating medical doctor, inside or outside the VA, can sign a statement as to the veteran's competency.

This over-rides any contrary VA determination., If the VA chooses to do so, the VA may ask for the judgement of a federal or state court. When the VA takes extended period of time to decide a claim, the Veteran has at least the same period of time to challenge or appeal.

 

When the government (inside or outside the VA) delays payment due to "processing" delays (again 180 days) interest will be paid at no more than 10%, and no less than 3.5%.

Limit any VA fiduciaries authority to VA payments after the determination, and no more than two months of payments.

State court documents appointing a fiduciary or a previously appointed/ agreed to family member over-ride any VA "fiduciary" appointment,

unless a higher court of law has found to the contrary.

 

When a veteran's claim has been delayed for over one year, and under current laws, a lawyer is needed, or may be "hired" the VA WILL pay the 20% currently deducted from a veteran's retroactive payment. When a claim denial is found to be contrary to law, the VA will pay any and all reasonable costs encountered by the veteran in pursuit of the claim.


Edited by Chuck75, 28 March 2013 - 02:47 PM.


#5 indyman

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Posted 28 March 2013 - 05:04 PM

Five former secretaries, and one current one, all saying the same thing but in different words since 1994. 



#6 JT24usn

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Posted 28 March 2013 - 05:20 PM

Don't forget also, no filing any claims until the initial one is done. Meaning claimed issues, vcaa, exam, exam returned and ready to
Rate, but in the mean time while the file was at the vamc for exam or waiting for return veteran files another claim starting process over. I.e. sit down and think about what you want to file before you file. Jmho. True some varo take longer than others but any new clams while other one is running resets the clock.

True vets
Aren't fortune teller and something
May come up worth filing but the process could work too


The most effective way to encourage the VA to do "what is right" is to penalize the VA when it does not.
Delay a claim with at least the minimum merit? After 180 days, pay the claim at the sought level consistent with 
the most favourable evidence on a temporary basis, until the claim makes it through the system.
No refunds to the VA, unless the claim is clearly fraudulent.
Denied claims will receive 1/2 the work credit (or less) when compared to an approved claim.
(This helps motivate RO's to fully develop a claim, and actually apply "benefit of doubt".)
Subtract appealed claims from the work credit, and perhaps at a double rate when the BVA or higher
sends the claim back for further development. Set a 180 day limit on an appeal, and pay the claim as above.
 
Insure that "Due Process" is defined and treated the way that the federal court system does.
Insure that VA "Fiduciary" appointments comply with the "uniform codes" and state laws that the veteran resides in.
"Who writes the checks" is NOT a valid reason to use in determining if a veteran is competent.
A VA determination of incompetency, to be valid, must be made by a medical doctor, in a speciality qualified to do so.
A licensed treating medical doctor, inside or outside the VA, can sign a statement as to the veteran's competency.
This over-rides any contrary VA determination., If the VA chooses to do so, the VA may ask for the judgement of a federal or state court. When the VA takes extended period of time to decide a claim, the Veteran has at least the same period of time to challenge or appeal.
 
When the government (inside or outside the VA) delays payment due to "processing" delays (again 180 days) interest will be paid at no more than 10%, and no less than 3.5%.
Limit any VA fiduciaries authority to VA payments after the determination, and no more than two months of payments.
State court documents appointing a fiduciary or a previously appointed/ agreed to family member over-ride any VA "fiduciary" appointment,
unless a higher court of law has found to the contrary.
 
When a veteran's claim has been delayed for over one year, and under current laws, a lawyer is needed, or may be "hired" the VA WILL pay the 20% currently deducted from a veteran's retroactive payment. When a claim denial is found to be contrary to law, the VA will pay any and all reasonable costs encountered by the veteran in pursuit of the claim.


Edited by T8r, 28 March 2013 - 05:22 PM.


#7 Vync

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Posted 28 March 2013 - 08:13 PM

My reaction to the fix:

 

 

J

 

Right response, but way too short biggrin.png



#8 Vync

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Posted 28 March 2013 - 08:19 PM

This type of thinking is why we still have a backlog:

 

http://cheezburger.com/7168121856


Edited by Vync, 28 March 2013 - 08:19 PM.


#9 meghp0405

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Posted 29 March 2013 - 08:00 PM

i dont believe we need claims in the political arena. name one program our politicians have started that is not in trouble...

 

no politicians!  just professionals, doctors and lawyers that will be biased and read the facts and render a complete decision and award the veteran the benefit of the doubt when applicable...



#10 dav_marine72

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Posted 30 March 2013 - 02:36 PM

I am trying to gain support to lobby the government amongst my predominately non-Veteran friends.  I haven't been on here for a while because quite frankly I can not take it anymore.  I live my life in a haze of opiates.  Somehow I make it to work.  If I didn't I'd go nuts at home.  I was awarded TDIU in 2009 and who knows what they are going to do now.  I won my appeal at the U.S. Court in 2011.  It's been sitting in Hartford CT RO ever since.  The 4 claims go back to 2000.  I'm technically 90% per the schedule.  I'm about a 20% or so away from 100% on the schedule.  I have 4 appeals back to 2000 and 6 from 2008.  I have 12 service connections total now.  

 

I won SS benefits in 2009 and gave them back.  I just want 100% P&T for my children.  They are the ones that have to deal with dad saying no I can't play with you.  My wife does everything around the house, lawn mowing, snow removal, etc.  She is ready to throw me out after 10 years.  I go to work and I come home and get on my ice machine.  Work is not easy.  I'm in such severe pain at times I can't sit or stand.   So I work to not go insane and then I'm drugged up at home and worthless.  Don't get me wrong.  I'm alive I understand that.  It's just 16 years of severe pain and fighting the VA have taken it's toll.  The U.S. Court gave me a joint remand saying do it all over again..............At what cost to my sanity????????? 

 

Fix the system and get the claims back to a reasonable turnout.  



#11 autumn

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Posted 01 April 2013 - 09:42 PM

http://www.hadit.com...problems/page-2

 

i posted the below at the above link too. i feel it fits this thread also. sorry for the double post but:

 

i read today that our gov wants to insert an alternative inflation measure and apply that to disability payments to nearly 4 million veterans as well as pension payments for an additional 500,000 low-income veterans and surviving families.

i get the issue of the national debt being way out of control and largely due to washington's fiscal irresponsibility. if they want to trim our benefits then Congress needs to take a cut in pay and their health benefits. its only fair.  aren't they still sending money overseas to non-friendlies?

i really hope ALL veterans groups rally on this and wake congress TFU.


GO VETERANS!



#12 Berta

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Posted 02 April 2013 - 05:53 AM

This AM on Fox News ,Navy Commander John Wells,(RET.) ,who many of you might know as Lawyer,advocate and member of Blue Water Navy VVA, and who has given testimony to the H VAC in the past, questioned what I and many here I am sure, have been silently questioning this entire busy holiday weekend, the so called 279 days it takes for a claim to be decided by the VA.They have been saying this figure even on Headline News I think last week too...
 
That figure is being bandied about in the media like it is a fact when the reality is some claims (FDCs) for example and other claims that seem relatively easy, might get a decision in 279 days or less but we have claimants in the USA who have waited for YEARS for a resolve.
 
I wonder why someone doesnt get on the media and tell them that a claim could take 279 days or less, for a DENIAL that has to be fought over with VA for years.
 
My CUE claim took 8 EIGHT years and my DMII death claim took 6 years because, although the evidence was clearly probative and VA had it all right from the git go, there was no one at my VARO willing to, or literate enough to even read my stuff.
 
That is 14 years total ,for a claimant, on 2 different issues,and the claims were awarded down the road, so obviously they could have been awarded years sooner,.as the evidence was still probative the day they awarded, as it was the day they got the claims.
 
Why aren't vets protesting this 279 day BS more ?????
 
I am emailing Fox News the BVA Annual report.....It reflects not only how many claims need to be appealed (extending that 279 days) but also how many claims have to be remanded for a “Re Do” of what the VA at the RO level didnt do right the first time.
 
I am appalled at the fact that VA is getting strong media attention on the backlog, at least on some cable channels, and as John said this AM to Fox, he is one of those vets affected by the backlog, and others should get on the bandwagon too with Fox or Headline News to correct this idea that the 'wait time' is 279 days
when it could actually become ,as it did  in my CUE claim, at least 2,764 days.
 
 
 
.

Edited by Berta, 02 April 2013 - 06:22 AM.


#13 Berta

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Posted 02 April 2013 - 07:17 AM

If anyone is interested:

 

For Comments, Suggestions and Concerns
Phone: 888-369-4762
E-Mail: yourcomments@foxnews.com

 

I am sure they will repeat the interview and it is probably at Fox News video.

 

I sent them a detailed email with a link to the BVA 2012 Report to Congress.

 

As the BVA report says, a remand ( a Re do.... I told Fox... of what the VA didnt do right in the first place) adds an average of 445 days to the estimated 279 days....

that might be a time frame for a decision that is in fact a DENIAL...... a point the media is failing to get.



#14 autumn

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Posted 02 April 2013 - 09:30 AM

This AM on Fox News ,Navy Commander John Wells,(RET.) ,who many of you might know as Lawyer,advocate and member of Blue Water Navy VVA, and who has given testimony to the H VAC in the past, questioned what I and many here I am sure, have been silently questioning this entire busy holiday weekend, the so called 279 days it takes for a claim to be decided by the VA.They have been saying this figure even on Headline News I think last week too...
 
That figure is being bandied about in the media like it is a fact when the reality is some claims (FDCs) for example and other claims that seem relatively easy, might get a decision in 279 days or less but we have claimants in the USA who have waited for YEARS for a resolve.
 
I wonder why someone doesnt get on the media and tell them that a claim could take 279 days or less, for a DENIAL that has to be fought over with VA for years.
 
My CUE claim took 8 EIGHT years and my DMII death claim took 6 years because, although the evidence was clearly probative and VA had it all right from the git go, there was no one at my VARO willing to, or literate enough to even read my stuff.
 
That is 14 years total ,for a claimant, on 2 different issues,and the claims were awarded down the road, so obviously they could have been awarded years sooner,.as the evidence was still probative the day they awarded, as it was the day they got the claims.
 
Why aren't vets protesting this 279 day BS more ?????
 
I am emailing Fox News the BVA Annual report.....It reflects not only how many claims need to be appealed (extending that 279 days) but also how many claims have to be remanded for a “Re Do” of what the VA at the RO level didnt do right the first time.
 
I am appalled at the fact that VA is getting strong media attention on the backlog, at least on some cable channels, and as John said this AM to Fox, he is one of those vets affected by the backlog, and others should get on the bandwagon too with Fox or Headline News to correct this idea that the 'wait time' is 279 days
when it could actually become ,as it did  in my CUE claim, at least 2,764 days.
 
 
 
.

i'm with you on this, who do i write at Foxnews? you got email for them and i'll write too and list my protest and the years it took in my case and still cleaning up loose ends



#15 Berta

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Posted 02 April 2013 - 12:03 PM

Autumn , I sent my email as Re:  Gretchen's interview early this AM with Commander Wells.



#16 autumn

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Posted 02 April 2013 - 02:02 PM

Autumn , I sent my email as Re:  Gretchen's interview early this AM with Commander Wells.

ok, thanks. i'll do the same, thank you



#17 autumn

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Posted 02 April 2013 - 02:34 PM

If anyone is interested:

 

For Comments, Suggestions and Concerns
Phone: 888-369-4762
E-Mail: yourcomments@foxnews.com

 

I am sure they will repeat the interview and it is probably at Fox News video.

 

I sent them a detailed email with a link to the BVA 2012 Report to Congress.

 

As the BVA report says, a remand ( a Re do.... I told Fox... of what the VA didnt do right in the first place) adds an average of 445 days to the estimated 279 days....

that might be a time frame for a decision that is in fact a DENIAL...... a point the media is failing to get.

 

gee, my eye-to-brain pathways getting worse, i didn't even see this prior to asking you. my apologies.

 

i just emailed Commander Wells site, i'll email to that address you posted too.



#18 Hollis

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Posted 02 April 2013 - 02:42 PM

I think Fox needs to interview Berta and other on here. I know they would get a lot of correct infor other than what the VA or the Govnt is spitting out. The wait that long is appalling. I agree with one of the poster on here ,if we are to take a cut, damn all of congress and the staff of POTUS needs to be cut. and no more vacations on our back.



#19 jbasser

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Posted 02 April 2013 - 03:47 PM

They are going to award all claims in one week to fix the backlog.

 

April Fools.

 

They dont want to fix it. This C F was designed to do this.

 

J



#20 Berta

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Posted 02 April 2013 - 04:19 PM

I concur. This stuff didn't happen in a vacuum and is sure one big CF. Well Put Jbasser!

 

I gave Fox my phone number and some other info on VA that  they might find provocative. . If they call me I will sing like a bird!

 

The backlog story could become bigger than Shreddergate but for some reason, the media isn't getting how big it truly is.

 

They need to hear from vets affected by it.

 

Where is Bernstein and Woodward when we need them. (Pulitzer Prize for Watergate reporting)

 

I dont blame Sec Shinseki. He inherited a major snafu,,already in place when he got there and  that has become FUBARed big time. and maybe is even beyond repair.

 

I say can everyone at the VAROs and put BVA sattelite stations in every RO.

 

BVA Lawyers LOVE evidence and they also can read.It would slow things down even worse,  at first,but it would prevent Remands from the BVA if the BVA does the claim right  from the git go.

 

There is absolutely no accountability for some of these RO clowns ( oops I mean Well paid federal employees) who deny claims, in my opinion, just to get them off their desks.

 

I told Fox I have proof here (in letters I have received from VA over the years) that some of the RO emloyees are illiterate.One is a DRO.

 

Some of the best people I ever met are VA employees.And there are many good RO employees I am sure.....

 

but their work is negated by those lazy assed idiots who do not take the time to properly assess a claim and the evidence.

 

I used to work for the phone company when we prepared paper bills.

 

Heck if VA ran the phone company , I could make all the errors I wanted to on the phone bills, at the local office , because the BVA would be stuck with the results of those errors,if anyone appealed the errors.

 

That doesn't make sense what I said, but you all know what I mean.

 

They even had to hire a federal contractor to fix the BVA site when I griped to Shinseki many months ago.I was fed up and sent him what the BVA ombudsman said to me.I use the site sometimes daily and the last mess there was,for me, the last straw.

 

 

I also wrote  the Sec that just about any PC literate vet or widow like me could have probably fixed the technical BVA problem in a heartbeat.and I asked him how VA could intend to go paperless when a Federal  contractor apparently would be needed for all the glitches that might surely bring.

 

The backlog is a National Disgrace.


Edited by Berta, 02 April 2013 - 04:24 PM.


#21 autumn

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Posted 02 April 2013 - 04:35 PM

i hope Fox contacts you.

 

i haven't heard back from Miller or Shinseki regarding the claim issue and veterans paying for their own medical treatment in order to actually get a correct diagnosis versus the VA not diagnosing. i'll keep on it.

 

the VA to much extent is a National Disgrace. the only people there that are accountable are the veterans seeking help there. thats called the bizarro world!!

 

lets keep the irons hot for all our veterans, their families and caregivers







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