6 Key issues at your C and P exam

Posted on July 2, 2012 by joeaveragevet

Most Vets know  better than to miss a C and P exam, or even to show up late.   Missing an exam is often cited as a  “reason for denial”, as the vA makes the assumption you have abandoned your claim.   Showing up late shows the examiner disrespect, puts him in a bad mood, and does nothing to promote your cause.   If you did miss the exam, and had a great reason, by all means contact the vA and try to get it rescheduled.  If you take the following 6 suggestions, the outcome will likely improve:

1.  Remember the 5 P’s, they will serve you well.  Proper Preperation Prevents Poor Performance.  Also remember this:  “If caught in a lie, you will be denied”.   Dont take a chance on getting caught, but instead be on the look out for when the VA lies to you, like Mr. Cushman, where the VA tried to alter the Veterans records in order to deny him.

2.  Know what you are going to say when the C and P exam doc says, “How are you?”   While many of us automatically respond, “fine”, to this question, you may have to do lots of backpedaling if you do this.    If you were thrown in jail last week for domestic violence due to PTSD, then dont tell him you are “fine” today.  You are not in the military any more, and your C and P exam is not the time to “suck it up” and pretend everything is ok.   To reiterate, do not lie or exaggerate as that will bite you later.  Instead, simply tell your doc about your worst day, as opposed to the day you felt fine.

It isnt the examiners fault if you failed to tell him about your “incidents” and instead told him you were “fine”. He reports to the VA there is nothing wrong with you and you get denied.

3.  Ask your examiners qualifications. While the examiner may not tell you, make sure you know the correct spelling of his/her full name and you can likely find out later.

4.  Bring your medical records with you.  Offer them to the examiner.   An incomplete or inaccurate exam is a time burner.

5.  Remember what the examiner stated, and write it down if necessary.  Review your C and P exam at your earliest convienence, and compare it to what he said, noting any discrepancies.

6.  There are obviously at least two possible results from your C and P exam:  Favorable or Unfavorable.

A favorable exam would be one where:

a) where the doc provided a nexus,

b) gave his medical rationale as to why he thinks your condition is related to military service

c) the doc had reviewed your records and so stated in his exam,

d) the doc was well qualified

e) the exam was accurate, complete (answering all the questions the VA had),   had all the necessary testing done, and the exam report was “Veteran friendly”.

If your C and P exam was  unfavorable, that is, it was lacking in one or more of the above, then you can first try to point this out to the doc, and ask him to change it.   However, since you probably wont be getting any benefits based on a highly unfavorable C and P exam, the sooner you get an IMO/IME to refute this exam, the sooner you can expect your benefits.    Waiting until AFTER a denial to refute an unfavorable C and P exam, will likely add another 4-5 years to your claim.

As a last rejoinder, Nod adds that a VA Medical Examiner is going to make the final decision regardless of what the C&P doctor states. This is because the C&P doc will not have the whole military file (and indeed the whole C-File) showing any possible UCMJ violations which were determined to be  not LOD (line of Duty). His pronouncement will focus only on what he can see medically and the possible age or etiology of it.

Posted in C&P exams, Guest authors, Tips and Tricks | Tagged , , , , , , , , | 4 Comments

IT’S A BERRY THING–YOU WOULDN’T UNDERSTAND

Posted on July 2, 2012 by asknod

After the strawberry fiasco, you would think I’d learned my lesson. Not. My wife’s father, who passed in 2010, left me a legacy in raspberries. Just when the strawberries finally ceased production, I thought I’d get a reprieve. While puttering around out back yesterday, what to my horror appeared? At least these are easier to pick. Last, but not least will be the blueberries in the midst of their high season.. There will be no surcease until the blackberries are done at the end of August.

Many claim the raspberry as the king of berries. I think the strawberries are tastier with perhaps the blueberries running a close second. The raspberry jam is king in my book.

All you heppers should take note. Blueberries are chock full of resveratrol (like red wine) which is an excellent source of anti-oxidents. It makes your liver berry, berry happy.

Posted in Food for the soul, HCV Health | Tagged , , , , | 2 Comments

FLIGHT HAZARD

Posted on July 2, 2012 by asknod

I suppose I’ll have to notify the FAA and inform them of a temporary hazard to air navigation for the summer. My tomato plants, which are safely ensconced in their own waterproof shelter this summer are threatening to become unruly and grow out of their confines.

Posted in Food for the soul | Tagged , , , , | 1 Comment

UPDATE TO SLEEPLESS IN PUEBLO

Posted on July 1, 2012 by asknod

Member Randy sends us this update on his vigorous pursuit of homeless Vet knowledge in Pueblo from last week. To be honest, I was taken aback that there might be 120 Vets sleeping without a roof over their heads there. This is Pueblo. Gee, let’s interpolate these results with LA or San Diego. Spooky, huh?

Here’s the sanitized email interchange:

This is what I have found out so far.

1)I received your email response to my questions but never heard back from the management of the program. May I please request information once again? Thank you

From: Ada Clark <adaclark@pueblo.us>
To: “Anne (anne@posadapueblo.org)” <anne@posadapueblo.org>
Cc: “randy
Sent: Thursday, June 28, 2012 8:19 AM
Subject: FW: Housing for homeless Vets
Anne,
Please see below.
Ada Rivera Clark
Director
City of Pueblo
Dept. of Housing and Citizen Services
2631 E. 4 St.
Pueblo, CO.  81001
From: Anne Stattelman <stattelman@yahoo.com>
To: Ada Clark <adaclark@pueblo.us>; “Anne (anne@posadapueblo.org)” <anne@posadapueblo.org>
Cc: “randy_
Sent: Thursday, June 28, 2012 9:20 AM
Subject: Re: Housing for homeless Vets
Randy,
  Pueblo doesn’t have an exact count of homeless veterans.   In looking at our current HMIS numbers–we have 60 veterans in our program today. There are more that are out on the river and in camps.  A good estimate might be 120.    Pueblo has 116 vouchers through VASH and those vouchers really are meeting the need for those Veterans who want housing.   Another 16 units for Veterans are being rehabbed.  You can find more information about the homeless in Pueblo on our website.  I hope this answers your questions from Posada’s realm.   Posada won’t take ownership of the units on Hudson until this fall.
Anne
Anne Stattelman
Director
Posada
225 Colorado
Pueblo, Colorado 81004
From: randy nesbitt <randy 
To: Anne Stattelman <stattelman@yahoo.com>
Sent: Sunday, July 1, 2012 1:23 PM
Subject: Re: Housing for homeless Vets
I appreciate the information. I would hope that the Veteran population being homeless decides to take advantage  of the housing being made available. Are thesse units dormitory or single units? Thank you for helping oout our homeless Vets.
From: Anne Stattelman <stattelman@yahoo.com>
To: randy nesbitt <randy
Cc: Kim Bowman <kimbowman315@yahoo.com>; Ada Clark <adaclark@pueblo.us>
Sent: Sunday, July 1, 2012 1:48 PM
Subject: Re: Housing for homeless Vets
Randy–these units are all single units. Thank you, anne

And there you have it pilgrims. I need to refine my search on Posada in Vermont. Ignore any other posts to this effect.

Posted in All about Veterans, HOMELESS VETERANS | Tagged , , , , | 1 Comment

WE LOVE VETS…BUT

Posted on July 1, 2012 by asknod

This is in the same vein as Mineral Wells, Texas. Everyone is tripping over themselves to tie the Yellow Ribbon ’round the old oak tree until they find it growing in their front yard. Then its NIMFY time. It’s time Americans really got behind their Vets in their actions and not just in words. 

Posted in All about Veterans, Gulf War Issues, PTSD | Tagged , , , , , , , | Leave a comment

WHAT’S IN THE WATER IN MINERAL WELLS?

Posted on June 30, 2012 by asknod
Verboten

Verboten

We always consider Texas to be the bedrock of the nation where patriotism and love of America resides. They can’t be all bad. They fought with the South. So what do you figure is up down there in Mineral Wells? I say they’re smoking left handed, Waco tobacco and are a little touched in the head. Maybe the heat got to them. Whatever the cause, I do hope they return to their common sense and realize they’re destroying their political careers. They might as well have said they were all awarded the CMOH and fought in Afghanistan.

Why is it everyone has to rearrange the world to their liking? America is a big boat and there’s room for everyone without rocking it. While I rarely advocate these things, perhaps some of you will join me in rocking their boat by contacting them. Member, Vietnam War Veteran and founder Harry Hooks sent this one to me. I hear from him only when he’s extremely perturbed. I suppose this would do it.

What say you give Mayor Mike Allen and his Peanut Gallery a big  Howdy and a heapin’ helpin’ of what Veterans think about their grand scheme to keep that crappy cemetery policed of teddy bears and flags.

Posted in All about Veterans, Complaints Department | Tagged , , , , | 3 Comments

HARDSHIP CLAIMS

Posted on June 29, 2012 by asknod

One would think that the vA would have a soft spot for those Veterans who are so horribly disadvantaged that they find themselves financially or medically strapped to meet their obligations. When they succumb to lack of funds and are forced to seek shelter or food from family, this would normally constitute the conditions I associate with hardship. Apparently I am wrong.

To put this in perspective, by 2008 I was in the hole about $250,000.00 and getting ready to find a new zip code for Cupcake and myself. vA looked at my numerous credit card balances, second mortgage and other medical info that said I was in deep medical doo-doo and granted my request for advancement so I could get P&T while I was on this side of the grass. Mind you, they don’t tell you they are granting it. They just speed things up after a 90-day review of your circumstances. If you pass the audition you move over to the Group W bench and are seen on a first come, first served basis.

Member JM and I have been working on his hardship filing for the last several months. He has intractible knee issues that are documented on his medical discharge yet vA insists he’s ready for the Ninja Warrior series on TV. Well, we’ve actually been trying to get him SC sooner rather than later. The hardship venue is just an attempt to get it done in 2012 rather than the mythological 125 day/2015 mantra being handed out like necklaces at Mardi Gras. No dice. vA is going to move at their usual snail’s pace regardless of how much plastique you pack under their ass.

JM emailed last night with this lovely rejoinder to his continuing saga. He’s been on the IRIS path for about three weeks pursuing this. I had no idea you need to actually occupy a house illegally to qualify. That’s right. You need to let your mortgage go south, quit paying the utility bills, stiff everybody you owe money to and mail in the proof. Homelessness and living in your parent’s basement is not considered a hardship. In fact, after you lose all the amenities of a home and job, you are still not in a hardship predicament unless you can prove they’re getting ready to cut off the power to the place you don’t own anymore. Huh?

Read this:

 Discussion Thread
 Response via Email Via Email (Department of Veterans Affairs) 06/28/2012 05:01 PM
IRIS #XXXXXXXXXXXXXXXDear Mr. JM:

There are specific criteria for hardship request. Unfortunately, your bankruptcy and overdue VA medical bill does not meet the criteria for a hardship request. A hardship request should include evidence such as foreclosure notice, past due utilities statement, and eviction notice.

Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below.

Sincerely yours,

DOUGLAS C. CHAPMAN

Douglas C Chapman
Veterans Service Center Manager

How to Contact VA:
On line: www.va.gov
By phone:  (800) 827-1000 (please allow 5-6 hours for one of our vA counselors to help you. We are experiencing delays extending into 2015 right now and if you’d quit filing claims we could serve you better)
 (800) 829-4833 (TDD hearing impaired)

By fax: (404) 929-5586

By letter:
U.S. Department of Veterans Affairs
Atlanta Regional Office
P O BOX 100021
Decatur, GA 30031-7021
 

It’s odd. I was told by a VSO that the threshold requirement was a financial debt in excess of $3,500.00 and /or medical issues that might cause death before they finish the adjudication. JM is “existing” at the whim of his parent’s largesse in allowing him to occupy the basement rec room. He gets to eat there while he tries to weather this financial/medical maelstom that engulfs him. VA must think he’s kicked back in the lap of luxury eating popcorn and watching The Young and the Breastless and Family Feud all day.

Relax. This is the new, improved vA. Jm has graduated to the ranks of the 1%ers. He’s rich. No debt. No financial problems to mention. His bankruptcy erased his financial obligations and he has no outstanding overdue utility bills because…he no longer has a home. One of these days they’ll acknowledge the knee problem and he’ll be remunerated. Until then? Well, pilgrim thousands before you have bit the bullet and soldiered on. Where’s that fine entrepreneurial spirit that built America? Get off your dead ass and hobble off to work. If you can’t find any, why, try the Vocational Rehabilitation and Education Program for disabled Vets. Whoops. Back up. Get that rating of 30% or more first and then go to VR&E. Pretty confusing? JM thinks so. vA doesn’t.


Posted in All about Veterans, Complaints Department, vA news | Tagged , , , , , , | 9 Comments

WHERE HAVE ALL THE DOCTORS GONE?

Posted on June 29, 2012 by asknod

Ever wonder where that reprobate excuse for a doctor disappeared to after he amputated the wrong leg off your uncle? How about the doctor who 86d the appendix when he should have been looking over to the right at the gall bladder? Well, wonder no more.

When doctors find themselves employment-challenged due to medical mistakes, they revert to the default setting– the vAMC. That’s right. You can have the worst medical record in the world, leave a trail of destruction in your wake and still find employment at the vA. The trick? Why, simply keep your license to practice in at least one state.

Most doctors have a license to practice in multiple states so the loss in one is not financially life-threatening. The vA is more than willing to accept you if you are still legal in at least one of 50 states if it comes to that. How comforting to know that you’re getting the best medical care vA can purchase from substandard practitioners.

I never checked the bona fides of the chowderheads that turned me into hamburger helper  but perhaps I should have. One young, up and coming fellow named Brent S______ did the two surgeries (#1&#3)that disintegrated and caused me so much grief. I wonder if he moved here from Oklahoma? I will always wonder who made the call to implant the biggest piece of Alloderm they make to hold in my belly considering it was recalled 3 years before they used it. Doesn’t that stuff have a shelf life?

Welcome to vAMC medical care. It’s the model used for the Affordable Health Care Act as far as I can see. And the next time you visit, check to see if they have installed more chairs in the waiting rooms as they did at American Lake VAMC. Dead Vets are Happy Vets, apparently.

P>S. I can’t resist. I know it’s bad form to change posts afterwards but his deserves the add in. Member Mike (who sent me the piece on why he, and you, may not get that new liver) just emailed to tell me something I didn’t know…

Good morning! On your post today, you forgot to mention that the VA employees have Blue Cross medical for themselves. They wouldn’t want to trust their health on some Dr with their degree from the Dominican Republic or Granada.

Notice the shiny new ileostomy bag?  Free with every botched anastomosis only at vA.

Posted in All about Veterans, Medical News | Tagged , , , , , , , , | 4 Comments

SOUTHERN FRIED HUMOR

Posted on June 28, 2012 by asknod

Successful alumnus WGM returns with some excellent humor. I was born and raised south of the Mason-Dixon Line so this is right down my alley whether he knew it or not. It richly deserves a home here to cheer up some of you who desperately need it. I publish, forewith, that which you need to live life by.

Georgia 

The owner of a golf course in Georgia was confused about paying an invoice, so he decided to ask his secretary for some mathematical help.


 He called her into his office and said, “Y’all graduated from the University of Georgia and I need some help.  If I wuz to give yew $20,000, minus 14%, how much would you take off?”

 The secretary thought a moment, and then replied, “Everthang but my earrings.”

Louisiana

A senior citizen in Louisiana was overheard saying … “When the end of the world comes, I hope to be in Louisiana .”

When asked why, he replied, “I’d rather be in Louisiana ’cause everythang happens in Louisiana 20 years later than in the rest of the world.”

Mississippi

The young man from Mississippi came running into the store and said to his buddy, “Bubba, somebody just stole your pickup truck from the parking lot!”
 

Bubba replied, “Did y’all see who it was?”
 

The young man answered, “I couldn’t tell, but I got the license number.”

North Carolina

A man in North Carolina had a flat tire, pulled off on the side of the road, and proceeded to put a bouquet of flowers in front of the car and one behind it. Then he got back in the car to wait.
 

A passerby studied the scene as he drove by, and was so curious he turned around and went back.  He asked the fellow what the problem was.
 

The man replied, “I got a flat tahr.”
 

The passerby asked, “But what’s with the flowers?”
 

The man responded, “When you break down they tell you to put flares in the front and flares in the back. I never did understand it neither.”

Tennessee

A Tennessee State trooper pulled over a pickup on I-65.  The trooper asked, “Got any ID?”
 

The driver replied, “Bout whut?”

Texas

The Sheriff pulled up next to the guy unloading garbage out of his pick-up into the ditch. The Sheriff asked, “Why are you dumping garbage in the ditch?  Don’t you see that sign right over your head.”

“Yep,” he replied. “That’s why I’m dumpin’ it here, ’cause it says: ‘Fine For Dumping Garbage.’ Don’t they teach you fellers to read before they give you a badge?” 

 
Posted in Humor | Tagged , , , , | Leave a comment

How to “not lose” your VA claim a la Sellers.

Posted on June 28, 2012 by joeaveragevet

If you are a Veteran, appealing your claim either at the CAVC level or the BVA level, you need to read over Ask Nod’s interpretations of Sellers, as well as the judges’ dicta.

While many Vets want to “win” their claim, it is more important to “not lose” your claim! I shall endeavor to explain the difference between “winning” and “not losing” even though I shall admit it is an issue of semantics.

A Veteran who seeks to “win” his claim, gets his wife or girl friend to help him write a nice letter to the VA, in the form of a NOD, explaining how much he deserves his benefits (and how much he needs the money) and how sick he is.    The VA should not care whether or not he “perfected” his appeal with the appropriate I9, or even if he sent in the NOD after the one year appeal period.  He should still be able to “win” right?  Wrong.  The VA is going to follow the regulations to the letter, and your failure to do so will result in a denial, even if your girl friend sends in her panties (along with nude pics)  to the VA judges.

Instead, the Veteran needs to “not lose” his case.   Let the VA be the one to make legal errors.   They will likely oblige, reminding you that the rating specialist who made your RO decision was unlikely to have a degree in law, and neither did his boss.   Instead, RO decisions are incorrect more than 75.8% of the time, regardless of how many times the VA pretends otherwise.   The chairmans report explains this in detail, but you need to know how to interpret the numbers.

On page 22, it shows that a mere 24.2 percent of Veterans claims are (again) denied at the BVA level, indicating there is at least some type of error necessitating either a remand or an outright award of benefits by the BVA more than  ¾ths of the time.   If you live to see your appeal to at least the Federal Circuit level, then you odds of “not losing” at least a remand are even better, because the CAVC overturns some of the BVA decisions as do the Federal Courts.

By “not losing” you don’t bother to tell the VA how sick you are, and how your girlfriend also thinks you should get your benefits, too, as that will make her life easier.   Instead, you take what the VA says in its “reasons and bases” for decision and refute it.  

    Do not tell the VA judge what ” you think” in your appeal.   He is uninterested in your opinion.    While it may make you feel better to vent how the VA mistreated you, do that instead in an ASK NOD comment.   The VA wont beleive a word you say, but they will defend whatever THEY SAY to the death.  So, nail them on their R&B (rhythme and blues..ok..reasons and bases) because they can not refute what they themselves say.  This is succintely pointed out in Sellers:

On page 8 of Sellers, the Veteran quotes the DRO who stated:

“We tried to grant the benefit from our perspective, but the front office said No! This is an incorrect decision.”

This is the VA admitting the decision was incorrect.  This is not the Veterans opinion!   You see, no one likes to admit they are lying and the VA is no different.  They can’t say the decision was correct on one hand and have an employee on record state the decision was incorrect.  This is the “Ah Ha” moment.  Once this employee said this, the VA can not change their position without new evidence, as pointed out by Sellers:

“Once notice has been issued pursuant to section 5104(a), the RO may not effect any revisions to its decision, sua sponte, on the same factual basis, without a finding of CUE. . Binding the RO at the time section 5104(a) notice is issued serves to “preclude repetitive and belated readjudication of veterans’ benefit[s] claims.” . Binding the
RO at such time also activates a claimant’s ability to accept its decision or appeal the decision to the Board.”   Sellers vs Shinseki, citations omitted.

In summary, don’t try to win your case by telling the VA how sick you are or how much you need the money.  Instead, “don’t lose” your case by showing how the VA made legal errors, quoting their own words against them, not your own opinions.

Posted in Guest authors, Tips and Tricks, Veterans Law | Tagged , , , , , , , | Leave a comment