MMQB: The VA Disability Fix No One Is Talking About

28 Comments

1. @Michael Ainsworth. Agreed. Have you found a decent VSO or NSO yet in Northern Cal.? Stuck for years with hostile, incompetent or transient VSOs. It’s bizarre. I only need one good reference. Just one.

   1. The problems with the VA run massively in width and depth. I have not been able to identify any improvements with the VA since its scandal was made public. I’ve written VA Secretary Robert McDonald and the president. I’ve not received a single response. It appears the White House is feeding the press false information to appease the public, but no real improvements have taken place. I retired from the army after 21 years active service. The VA recently took my disability benefits. I’m told now it may take years to have the VA reinstate them. Try to contact a VA directly. You receive a recording and told to call back when they are not busy.

      It is nearly to get anyone at the VA to assist veterans who need help. Most VA employees are civilians hiding behind desk jobs and refuse to address issues to help veterans. Hopefully, Secretary McDonald accepts the moral responsibility and leadership to identify and correct the wrongdoings within the VA.

2. Very nice ideas, very good. You are correct ( at least here in Fl., Bay Pines to be exact.)I have filed 3 claims over a 33 year period, when I finally did recieve my disability it still took 3 yrs. I would also say that if it had not been for the V.S.O. it would have taken alot longer, I would have wound up at the appeals board,I had such a complicated case that 33 yrs. ago the chief of ortho. here boarded me for surgery for a very esoteric surgery ( scapulothoracic arthrodesis )they denied me due to age, ie…”he is too young for this radical of a surgical proceedure ” 33 yrs. later, even though this back/neck/shoulder injury required bone grafts (they require a body in top shape to heal and for grafts to heal properly)I never recieved an honest to goodness c and p, therefore the law states it couldn’t be denied ( all filed claims for disability must have/give a c and p, U.S.C. Fed. Statutes regarding these issues require it for approval/denial ) The V.A. played one of the dirtiest/most cunning tricks I have ever seen. I was given 70 % based on M.H. issues, the V.A. is aware that again the law and requirements for ” total permanent disability ” state you MUST be at 70% to file for T.P.D., after all the medical information/medical nexus letters ( this is one thing neither a V.S.O. or a regional office “adjuster” will ever tell you you need, and if you can aquire two of them the V.A. need find in your favor ( once again the U.S.C. and the Fed. ST. regarding this specific issue are directly addressed )I had them, the V.A. at that point, VERY,VERY, quickly say within 60 days, found me 100 % T.P.D. and closed my case with a denial of my neck/back/shoulder injury, and then w/o ever having a c and p, fee basised me out for the 3 surgeries I would need, and closed the case with no future ability to claim the shoulder because they fix (?) it surgically, and yes technically you could have gone to the V.B.A. but as you had already been granted 100% it basically makes no sense to reopen a 100 % decision that could ( and would I betcha )have been lowered as YOU ( me )appealed on your own. Talk about a sneaky underhanded screwing ? I found out how shifty they were with what they had done when in early Nov. I was hit in my truck by a lady, her fault, that broke a screw in the triple diskectomy, and broke a wire tying the grafted plate in my shoulder in place, REFUSED on two grounds to help. The first is almost understandable not withstanding you are a disabled Veteran who needs medical help, they stated it was an auto accident and they should be required to do their jobs and care for my medical needs…..ok I almost buy that one. Here is the one letting the cat out of their bag…..They also refused to help because I never underwent a c and p ( who sets those appts. and who does the scheduling, me (?) no wait, the V.A. )and my shoulder was denied under my claim, they had paid fee basis for me to be “fixed” therefore they have no further liability. Who’s been involved in such cunning and deceit ? Anyone ? I would love to hear. Charlie

3. Reverse the burden of proof from the vet to the VA, assume eligible upon submission, and task VA to (dis) prove eligibility. If the records don’t exist, cant be found, are incomplete, contain errors, etc. then the vet remains eligible until proven otherwise by VA.

   1. I agree with Areal. It is nonsense for Veterans to have to PROVE they deserve to be taken care of.

      1. VETS VA DEATHCARE IS ONE BIG BIG FEDERAL RICO CRIME RACKET THE MAFIA IS MICKEY MOUSE TO VA RICO RACKETS RUN BY AFGE UNION CONTRACTS VETS YO ARE SOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO SCREWED !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

   2. I’m sorry ladies, I respectfully disagree that the VA should have to prove the veteran is not eligible. That’s just not how it works in any other form of law. FIRST, I should tell you that I am 100% service connected disabled Veteran so I am pro-Veteran. HOWEVER, I have seen so many fraudulent claimants out there who actually brag about just knowing how to “work the system.” I find this disrespectful to me as a truly disabled veteran and to all veterans in general. SECOND, as a practicing attorney for 37 years and as is common knowledge, in all areas of the law, it is the duty of the “accuser” to prove its case for damages and/or guilt (e.g., a prosecutor must prove a defendant committed a crime before the criminal can be found guilty and go to jail, or a Plaintiff must prove a defendant caused a car accident and injuries before the defendant can be held liable for plaintiff’s injuries) – so to say that the VA should be held to the opposite standard of law and automatically be held “guilty” or “liable” for any and all claims submitted unless it can prove itself innocent is perposterous. I agree, the VA claims system needs a major overhaul and the VA medical system is broken beyond broken, but I don’t believe your proposed idea is the solution. Again, with respect. 😉

4. Give a man a fish, feed him for a day. Teach a man to fish, feed him for a lifetime. The underlying principle of this is you will need to eat everyday, not just one day. Unless I have missed the mark, it is not cost effective to teach every single veteran the disability claims system. At most, a veteran will file one or two claims for disability in a lifetime. I looked at the training program one NSO went through with DAV and it is over a year long. Who is going to do that training and just for one person’s claim. That is not a good use of anybody’s resources.

   MY Comment – Here is how I would fix the VA system:

   1) Go paperless – but not the VA way. VA’s answer was to erect a
   “system” do do this. That is pointless, expensive and unnecessary.
   What you do is tell a veteran, “here’s the deal. You can submit your
   claim on paper and we will process and adjudicate it. OR, you can
   scan all of your records into this format Adobe PDF file that is OCR
   searchable, and we will also process it as well.” Method one will
   take six additional months to process your claim. Method 2 will not.

   2) When we do our taxes, we do not auto-magically get our refund held
   up awaiting some bureaucratic response from the IRS. Bottom line,
   they pay the refund and the check is cut within three weeks. If
   somebody thinks you were scamming the IRS, they still cut your check,
   but they take your taxes for that year and place it in the “we need to
   audit this guy file.” Likewise, as returns are filed, the IRS
   develops an internal controls system that screens returns based upon
   certain key parameters (type and quantity of deductions, questionable
   credits, evil one percenter status, etc.) and develop an algorithm
   for whose returns will get audited. based upon those criteria, a
   relatively small percentage actually get audited:

   https://www.nolo.com/legal-encyclopedia/what-are-the-odds-being-audited.html

   So what does this have to do with the price of tea in China? Glad you
   asked. Comment 2 is set up for the fix in comment 3.

   3) We need to get the VA out of the direct claims processing business
   – strictly speaking. DVA needs to provide oversight on a process that
   is a little bit more holistic than what we currently have. The claims
   need to be processed by the NSOs (National Service Officers) that are
   certified by the DVA. In essence, this is already happening for all
   claims that have a power of attorney through an NSO. The gold
   standard for NSOs is the DAV (Disabled American Veterans). They are
   training for no less than 16 months to do their job. In all
   likelihood, they get more and better training than DVA employees.
   Most of the NSOs get poached by the DVA to work for the DVA. A saner
   solution would be to leverage the NSO training and have the NSOs file
   the claims. Skip seven of the nine steps and then get the processing
   time down to under 60 days. Stipulate that just like with your taxes,
   the DVA can audit all NSO completed claims for up to seven years and
   after that, the disability claim cannot be countermanded. This will
   free up a lot more time for C&P personnel. That time can be better
   spent providing better training for up and coming new claims
   personnel. What sort of training will they do? yes, you guessed it,
   review the work of the NSOs. If a particular NSO is found to have an
   excessive error rate, that NSO can be de-certified. If an entire NSO
   office is found to have an excessive error rate, that office can be
   de-certified. Again, the DVA employees can be placed in an oversight
   role of the end-to-end process, instead of just being a slow cog in
   the process. This will also free up DVA personnel to better define
   audit control systems. The bottom line is the current system treats
   the veteran as “unauthorized” for compensation. How about changing
   the paradigm to adjust to the reality that a veteran is starting from
   a position of trust?

   4) It is borderline criminal that the DVA is predominately populated
   with non-veterans. Every job should automatically default towards
   going to a veteran. No other government agency has such a narrow
   constituency for service. I cannot begin to count the amount of VA
   employees I have spoken to that were non-veterans. Totally
   coincidentally, these were always the least helpful DVA employees.
   That needs to change.

   5) I wouldn’t sack the current head of the VA – GEN Shinseki. What I
   would do is present these ideas and see what legal impediments exist
   to get them rolling and give him the required time to get the law
   changed. If he did not want to do this, then I would find a
   replacement.

   1. I am intrigued by Modern Poblius’ idea. Good thinking

5. How about the VA hiring American doctors who speak English clearly. I have no problem with those doctors from other countries, except for the fact that their accents make it very hard to understand what they are talking about.

   1. Frank,…you’re spot on with your comment. The VA appears to have a policy of hiring foreign doctors who speak broken English which make translates into..so what, we got healthcare approach,didn’t we? Teachers and other professions are required to take annual educational and certification classes. Why not have a doctors level of English fluency, evaluated by his or her patients with reviews by. The reviews would be sent directly to third party aggregators, not the VA itself. The doctor would continue to participate in English classes until his patients can clearly understand what the doctor is relaying to them. This is a huge problem that needs fixing now.

6. In my opinion the existence and need for VSO/NSOs is extremely strange and telling of the nature of the whole process. What other major customer service enterprise anywhere requires inputs from independent self-appointed advocates? Any other entity would regard the need for intervention like that to be a failure of customer service. The goal should be producing satisfaction direct from vet to VA but actually the VA has reversed that and is least responsive to the veteran and only partially responsive to VSOs and even Congress. I had to use both of these in my claim, which was about as straight-forward as you could get. It’s about as screwed up as it’s possible to get.

7. Over all in my opinion the DOD & the DVA is systematically broken. I am a retired NSO and Sr. VSR who worked with the VA as a County employee for 13 years before I retired. I worked with the VFW and the PVA at San Diego and Los Angeles. The DVA doesn’t follow their 38 USC nor their Title 38. They follow their internal policies. All 58 DVA’s have their own way of doing business with their VSO’s. Wonder why your VSO’s are not professionally trained VA Accredited Representative. It’s because they are fighting the status quo. As of June 7, 2007 the VA had authorized Law Attorney’s to help veterans with their denial of benefits because again the VA and VSO’s don’t want to waste their time on disabilities that was either overlooked or never gotten the chance to be proven correctly. As I said before, After I had retired the U.S. Marine Corps in 1994 and had worked for a retired Sergeant Major, USMC and an attorney at law with over 40 years of DVA experience I know what I’m talking about. Since my retirement from the County I have never been the same person. I have been told more than once not to help veterans with their claims because that brought me to where I’m at today, PT@100% due to my combat disabilities and all the BS I had to go through to help veterans get a better understanding on their entitlements & benefits. I’m still in that mind process of helping whomever that needs it. I refer you to my LinkedIn site if you need anymore information. Thanks for all you do. Everyone who had been a veterans advocate. JKK

   1. JKK (CWO-3 Kau’pe)…. I’d like to have a conversation with you when you have a moment and ask your opinion on a few things. I am one of those veterans that was denied disability in 2005, despite the fact that DOD gave me a nice shiny Titanium plate in my neck and discharged me. (I didn’t want to go after 14 years of active duty, but wasn’t given a choice). I called numerous times and was told that nothing new was available on my case and they had scheduled my physical yet. Each time I called them, I was adamant about ensuring they had my correct address and phone number. (Which I only use my cell number and I’ve had this number since the first year Verizon went wireless) They of course sent my appointment paperwork and notices to a former address that I had moved from over a year earlier. Needless to say, I missed my date and was denied any benefits. When I called to ask what happened, they told me I would have to start the process all over again but not until I went through the appeal process and that could take up to 28 months. (MONTHS.. Yes over 900 days) If my appeal was accepted, then I could request a new examination, but because it would be over 12 months since the initial filing of my claim, I would need to start the claim process from the beginning again. I was then told that current claim and disability ratings where taking over 26 months (on top of other 900 days for a grand total of almost 2000 days) Flash forward to now…. I’ve sat back long enough and thought that I had done something wrong by not following through or beating down the door enough. I’m the one with the Spinal Fusion…. It’s time to start the painful process again. Any help or advice you can provide, would be much appreciated. Semper Fi!

8. This article brings up a lot of points I have been trying to beat into the VA since I was medically retired in 1993 by the Navy with a rating from them of 20% for Diabetes. Due to my persistence and not taking No for an answer, my VA Disability rating is currently at 80% for all of my injuries/maladies/disabilities incurred during my 22 years of military service.

   The presentation above quite accurately describes the lack of education from the VA and the VSOs concerning Veteran’s Benefits. The Veteran is left to his own wits and resources to find out what his benefits really are. I whole-heartedly support any effort to help educate the Veteran outside of the VA network as to their rights and benefits.

9. It should be noted some of the “big VSOs” provide training like Ben suggests as long as the veterans receiving the training promises to help others. That seems fair to me. I am a chapter service officer for the DAV, and DAV trains thousands of volunteer service officers like me every year.

   1. Scott, yes this is great. This same system has been in place for decades, and for that reason I argue that this training is not enough. I argue that VSO’s and VA should create systems that empower the individual veteran on the individual level.

      My hunch is that part of the reason VSO’s struggle with this model is not for a lack of money or desire to help veterans. It seems like they fear that it would erode their membership base. I believe this because a huge source of VSO membership comes as a result of helping veterans on an individual level, in person. Without the individual help, it is possible that less veterans would sign up for memberships.

10. Outstanding . The more veterans know about whats going on the better oof the whole nation will be. Your right veterans need to educated, on how to fail a claim, health , ect.
    They(veterans ) need to get invoked, and engaged in the process.
    Im a Vietnam vet, I see a lot of things that are just not right in the system. We need to be smarter, an use wisdom. What can I do at the end… To get involved in this process.

    Praying and wishing you the best Ben.

11. A meeting of the minds should be coordinated to brain-storm on this topic to find a better way to address these issues. My name is Cameron E. Williams Sr. and I would be glad to help in anyway needed to resolve these problems. My direct phone number (214)756-0093. I’m living in Texas so thats central time zone. My email address: [email protected] for any comments.

12. The VA doesn’t need help, they need an international panel to observe how many international human rights violations have taken place by the VA through the Executive Office of Presidents management [Bush & Obama]. Indeed, with over a million veterans holding a shattered and terribly phony social contract of absolutely worthless benefits, this state of new social classing or appropriate
    federal failure is an absolute post war crime which in polymathic fashion paints Obama [lest not forget Bush] with such grieviousness … “HOPE” is actually the acronym for “Post War Crime”.

13. I see how the VA is handling the backlog, i got my denial letter in the mail, thanks three years of nothing. So unfair!

    1. Appeal, the VA is counting on either veterans in this back log problem to die or not continue with their claim. We have to fight the VA! A good NSO is hard to find and VSO’s are just trying to survive with very little knowledge of what exactly is needed for a positive out come. Educate yourself as much as possible and do not believe anything coming from the fork tongues of Allison Hickey or Shiniski because they are just pawns of the system and are both collecting that big pay check and eating donut’s at our expense.
       New motto in the VA Directors Office: “A GRAVE MARKER IS CHEAPER THAN PROPER MEDICAL CARE OR COMPENSATION!”

14. Good rant, take a look at reversing the burden of proof from the veteran to the VA.

    1. If he rants so much why don’t you take your a$$ back to the VA office job you have, your 15 minute break is over hoe.

       1. Here in Northern California the bulk of the VSO and NSO are crap and when the veteran has other sources of medical help like military medical or even private they get all shook up because they know that their incompetence will be exposed. The VA Health Clinic and the Oakland VA Regional Office is just an abortion center and would rather see the veteran dead than give proper and compassionate medical attention. Your either one of those VA employee’s of the VA or your knee pads are getting worn out if your blind to the horrible care and non professional person that call them selves a doctor. I have been in that system for over 40 years and have documentation that shows their petty bull crap opinion’s. They do not read the veterans records and make statements like “he hurt his shoulder carrying something heavy!” That was what a so called medical professional wrote about me and my injury. Truth is and he knew this before writing his lame remark is that I injured my shoulder while carrying Pat Philips in a fireman’s carry in a firefight in Vietnam May 14th, 1967 as his platoon medic. There is not enough space on this site to “RANT” about all the incompetence, bigotry and prejudice that exist with in the VA Medical or Regional Office’s through out our nation. Those that have paid for this non functional treatment deserve more in medical care. If you fall off a curb or get your tongue caught in a candy machine or offer the VA person a free meal in your restaurant, your going to get excellent care, however; if you get shot or get blown up and hit by shrapnel the doctors just wipe their ass with your medical records and say, “next!” FTVA! and the NSO’S and VSO’s in the San Francisco Bay Area and after keeping in contact with many veterans across this nation who get treated in a nonprofessional way all over the United States at various VA Hospitals, VA Medical Clinics and Vet Center is apparent that they are fool’s that fume with incompetence. Do they think that everyone is not going to appeal their claim’s from this massive denial? The VA says in unspoken word’s that, “A dead Veteran’s grave marker and flag is cheaper than compensation or quality medical care” for get about the quality because that will never happen within the Veterans Administration or the so called qualified NSO’s or VSO’s. “They just draw their pay and eat donut’s all day!

15. The VA does not need help, more money or more people. The entire system is broken – from contracting, medical care, hiring practices to claims and appeals. It is systemically dysfunctional at the very core of every sector. My group has spent 5 years researching all of the areas and have developed actual cures for each sector, cures that will not require Billions of tax dollars or thousands of new employees. These are time tested (in the civilian world) methods of efficiency and accountability. Both of which that are completely absent from the current environment of the VA. Please read and sign our Petition to the President – to Overhaul the Veterans Administration. We are already working with the House Committee on Veterans Affairs as well as several legislators to bring about these changes – let them hear you voice. Taxpayers and veterans alike…you deserve that your money is spent wisely by the VA and deserve that the benefits are given where deserved.

    https://www.change.org/petitions/the-veterans-administration-overhaul-the-claims-processing-create-mandatory-claims-deadlines?utm_campaign=share_button_mobile&utm_medium=facebook&utm_source=share_petition

16. I know Scott Smith of Motivation to Move uses Infusion Soft and has discussed it in his podcasts. If you needed some help he would be a good one to reach out to. As a former VSO it is extremely frustrating to see the types of people that are being hired as VSOs. Thankfully there are quite a few great VSOs in Oregon and from attending the National conference there are still quite a few good ones. The VA is out of control and they need extreme help. Let us know what you need!!!!

    1. Well my name is Jon Sommons. I have been fighting my claim for 2 years now and still haven’t got anything to show for it. I struggle to find let alone keep a job. The VA just seems to be to corrupt to do the right thing here. Where can i go for immediate help?

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