How do I handle an issue with the VA Appeals process and unscrupulous people involved?

PO2 Michael Henry — Fri, 10 Aug 2018 00:03:40 -0400

Appeal wrongly closed due to clerical error and the VA Hotline admitted I was right and forwarded my appeal for reinstatement several times already. My attorney has also had a few hands in it. Since 5 months was too long, I took it to the VA Regional Center (Houston) to show them the issue and hopefully (extremely unlikely) speed up the process. I was sent to a counselor who had his CPO and retired CPO advertisements everywhere. Turned out to be another long line of Corpsman, who have repeatedly fumbled all grasp of the obvious when dealing with my medical issues, this is not a representative of all corpsman.

1. Repeated R.I.C.E. treatment for the 10+ sprains of the same ankle, labeled chronic (surgery needed now).
2. Motrin for a broken hand, went repeatedly for treatment (took a week to X-Ray and set, nerve damage)
3. Torn Calf (continued stretching the torn muscle as treatment, 1.5 years to heal)
4. Ordered from Navy Hospital ER in Portsmouth, VA because I wasn't in pain from auto accident that involved my truck being involved in a 3 car accident. Written order to not come back until i had internal bleeding or broken limbs. Nearly totaled a brand new truck. Pain was swimming upstream against 2 days of no sleep. Hit me 3 days later like a ton of bricks. Now have neck issues due to lack of treatment.
5. Fell down a flight of stairs and suffered permanent nerve damage to both arms/hands, idiot wrote "fell down flight of stairs" nothing else.
6. Lab reports showed a clear hypothyroidism case, swept under the rug and not diagnosed until 2 years after I got out. Fatal, if not treated.

Now this. He kept making comments like "missed the train", "can't find the issue", "why haven't you filed a statement?" (filed 3 already on this one case), "why hasn't your attorney done his job?" Needless to say I fired back regarding the VA's ability to handle the most basic of tasks to a retired CPO. He didn't like it and I don't care, I had far worse ones in my back pocket if he wanted to continue making slanted remarks about my honesty and my attorney. They had me write a statement requesting what I wanted done, I made a big scene regarding my nerve damage in front of over 20+ people and how much it hurt filling it out, IT REALLY HURT. Granted I am far from the only one and others have had it worse. How do I handle this situation from here?

Response by LTC Stephan Porter made Aug 10 at 2018 12:25 AM

LTC Stephan Porter — Fri, 10 Aug 2018 00:25:42 -0400

Go to the headquarters, our admin, for the hospital. If that doesn’t work then perhaps the VAIG is the next route. The VA is having huge issues, so the IG may be productive.

Response by LT Brad McInnis made Aug 10 at 2018 12:36 AM

LT Brad McInnis — Fri, 10 Aug 2018 00:36:48 -0400

Write a letter to Sen. Ted Cruz (if you are from Texas). His office is usually on top of stuff like this. Letter over phone call or email because they are Congressionally mandated to reply to a written letter and enter it in to a file. I have used Congress for a number of issues with sailors of mine through the years, and usually just a call from a Senator's office is enough to scare the people to do their job since they know a bigger fish is looking into it.

Best of luck to you, buddy.

I should have said that if you aren't from TX, then write the Senator from you home of record (where you vote). It is amazing how much they will do for a constituent....

Response by PO3 Phyllis Maynard made Aug 10 at 2018 1:01 AM

PO3 Phyllis Maynard — Fri, 10 Aug 2018 01:01:35 -0400

PO2 Michael Henry I was a Disabled American Veterans Service Officer. I am not criticizing your attorney, personally. But no matter what an attorney tells you, they do not have the kind of access to the system as a National Service Officer. These are service officers who are accrediated and they adjuciate directly with the VA adjudicators. I am partial to DAV because I served with them for 13 years as a service officer and has been a member for about 20 years. Call the DAV National Service Office in your state and ask them for guidance. TELL THEM YOU HAVE AN ATTORNEY. Maybe their answers can help you decide what road you need to take (attorney or service officer). Go to http://www.dav.org to get their phone number. Calk and select the option for membership. Ask them to give you the regional office number in your state. Best to you.

DAV.org - Disabled American Veterans Charity

We invite everyone, veterans and civilian, men and women, young and old, to join us. Find a DAV Office or Volunteer to Help Veterans and the Disabled American Veterans Charity.

Response by Capt Daniel Goodman made Aug 10 at 2018 1:32 AM

Capt Daniel Goodman — Fri, 10 Aug 2018 01:32:22 -0400

http://www.vetadvocates.org

These are the best VA attorneys in the US, the top of the legal food chain for VA claims, my wife and I started my stuff with one of the vet groups, however, mine got monstrously complex, which was why we found one of their attorneys with 3 years prior active, and about 35-40 years of VA claim practice, trust me, if you find a vet group is out of their depth, though they're all quite god, pay the retainer for one of the NOVA attorneys, use their search engine or call their office, and one with prior active if you can, however, they're all gpquite good, and then just do exactly what they say, let ten take what percentage VA allows attorneys, and believe me when I tell you, there well worth the fee they earn, OK? If you care to chat, just ask anything, our claim for me took six and a half years from start to finish for total perm disability, trust me, without the NOVA guys, we'd have been totally lost, our guy even got us supplemental pro bono help from a colleague law firm he also dealt with a good deal, the only other option we found is a vet law clinic at a law school, tywyre also god, however, they can't always help everyone, that's why if you need NOVA, get their help, test me, we've been really seriously impressed with them, promise, OK?

Home

Response by CSM Darieus ZaGara made Aug 10 at 2018 6:53 AM

CSM Darieus ZaGara — Fri, 10 Aug 2018 06:53:22 -0400

You have several issue, I would go to DAV notva lawyer up front. At this point you aren’t fighting anything. DAV will review your records and help determine if you injuries are service connected. Then they will assist with the submission. If service connected then % are determined by a process which is available on line. Example, if you are injured off duty in a car accident it is likely not service connected and so on. See the DAV. Thank you for your service.

Response by SFC Private RallyPoint Member made Aug 10 at 2018 10:31 AM

SFC Private RallyPoint Member — Fri, 10 Aug 2018 10:31:44 -0400

Everyone has a boss, just remember that. Sometimes you have to do a little research but the end result could be a snowball that you place at the top of the mountain.

Response by SrA Margie Hooley made Aug 10 at 2018 11:21 AM

SrA Margie Hooley — Fri, 10 Aug 2018 11:21:09 -0400

I would always go to a DAV service officer to file a claim. There are steps to take to get through the system and these service officers know the way. There are also American Legion and VFW service officers. I am partial to DAV because I have worked with them more. Good luck and if you get no help, you may have a congressional liaison at your VA medical center who can steer you in the right direction. Otherwise, write or call your congressman (relentlessly!).

Response by SSgt David Marks made Aug 11 at 2018 12:57 AM

SSgt David Marks — Sat, 11 Aug 2018 00:57:12 -0400

I don't know exactly who your speaking to, but at the Regional Office, I always speak to a DAV representative. I've had real good luck using them. I go to Houston also.

Response by CPT Robert Boshears made Jul 28 at 2019 12:44 PM

CPT Robert Boshears — Sun, 28 Jul 2019 12:44:30 -0400

The VA is a government bureaucracy. I take it you are moron AD. If on AD, Med Board.... never give up with the VA... if your wait is 5 months, that is nothing. Ask any injured Vietnam Vet how long it took them.

Response by CPT Robert Boshears made Jul 28 at 2019 12:46 PM

CPT Robert Boshears — Sun, 28 Jul 2019 12:46:15 -0400

Spell checker changed on to moron... sorry.

Response by CW3 Kevin Storm made Sep 16 at 2020 5:00 PM

CW3 Kevin Storm — Wed, 16 Sep 2020 17:00:39 -0400

Okay you are having an issue with the VA, here is my suggestions: 1. Making an Ass out yourself will get you banned (yes it does happen, as you can now be considered a threat). 2. go to another VA or ask to speak to a help desk nurse. 3. Document everything and send it to your Congressional Representative.