How smart is it to have VA Employees like my Air Force Vet Adjudicating my Navy Combat Ship Deck Crew Sailor VA disability claims?

2016-10-30T21:42:04-04:00

2014 VA Audit show 30% employed r Vets. Of those 30% odds r civilian w/no concept/or an Air Force Vet w/no understanding of 1 day at Sea in Deck Crew, now adjudicating Spine/Musculoskeletal Injury Illness caused by Ergonomics Stressors of such duty assignment. This outrageous scenario is a similar to a golfer judging the disability report of an NFL football player? As well I could not understand Air Force Disability Stressors.

Response by TSgt David L. made Oct 30 at 2016 9:52 PM

2016-10-30T21:52:38-04:00

Your situation sucks, however, the decision is based on facts and statistics. It isn't based on what I know about your specialty.
It could be worse, a non-service person decided both of mine. So there was no chance of getting a sympathetic ear, which it was it sounds like you are hinting at. I don't blame you. I actually agree, but no such luck PO3 Aaron Hassay

Response by SFC George Smith made Oct 30 at 2016 9:53 PM

2016-10-30T21:53:29-04:00

thats why my first assessment came back 30 % in Pa VA hospital, and when seen by a combined group of Medical doctors, at a WV VA hospital the second time came Back with 70%

Response by SFC Private RallyPoint Member made Oct 30 at 2016 10:27 PM

2016-10-30T22:27:59-04:00

I honestly think that your outlook is completely wrong. I am willing to bet that your records aren't the best, because the new system where everything is digitized isn't that old. So you probably have huge gaps. If you keep to the timeline recommended to apply for disability, go to your appointments and take the time to make sure you have everything logged into your records before you get out, you receive a very fair assessment. When these people go over your records, it doesn't matter what you did or what they did. What matters is what has been recorded and what you can show you received treatment for while in the service. If you have degenerative joint disease in your spine, and it is properly logged in your records, it doesn't matter if the guy assessing your records was a desk clerk or an infantryman, the results are going to be the same because they are clearly written out.

If you were a deck crew sailor on a combat ship and make a claim for muscle/skeletal injuries 10 years after you get out and you have a civilian job doing manual labor with no records to show you were diagnosed or treated while on active duty....your claim is going to be denied or down graded. It has absolutely nothing to do with the VA employee reviewing your claim being in the Air Force.

Response by SPC Paul Jennings, J.D. made Oct 30 at 2016 11:47 PM

2016-10-30T23:47:43-04:00

Honestly, it matters very little who does the initial adjudication of your claim. The main thing is whether they know the applicable law and regulations and apply it properly to your claim. In theory, the claims agent is reviewing your entire file, but it appears that most simply read over the compensation claim exam notes and do little else. On appeal, a BVA attorney does review the file, but even then they won't review the entire claims file, only the pertinent parts that are raised on appeal.

Response by MSgt Michael Smith made Oct 31 at 2016 10:29 AM

2016-10-31T10:29:40-04:00

Adjudicating claims is not the same as treating the condition. As long as the person is a doctor and can verify the injury per an examination, x-rays, mri, etc., then the adjudication should go fine. They base ratings on the injury and previous cases with the same sorts of injuries. It is pretty black and white.

Response by Capt Michael Greene made Oct 31 at 2016 11:14 AM

2016-10-31T11:14:35-04:00

Does not matter one tiny bit who rates your claim. The rater needs to know the law and apply it to your claim. They don't make medical judgments: that is done by the health side--VHA.

Response by CPO Private RallyPoint Member made Oct 31 at 2016 11:45 AM

2016-10-31T11:45:23-04:00

I think the larger issue with the VA is that they are full of people who have ZERO Idea what people go through in the branch's.... and they don't care. You question is correct, it is idiotic for someone with no background to evaluate injury claims stemming from those work environments.

Here is another thought... How much money do you think the VA would save by having people who know the environment assess the claims? People who have been there will be able to spot the shammers and the fakes a lot faster than those who have no idea of the language or world we work in. This applies to all branches. I know what happens on a Big deck on a flight line and on a Little boy, I don't know anything about the subs. What does the Air Force know about Ships, What does the Army know about Flight lines, What does the Navy know about Artillery positions....

Response by SFC Ernie Rau made Nov 1 at 2016 7:45 AM

2016-11-01T07:45:02-04:00

This has been one of if not the most informative discussions on RP I've ever read. Thank you, both. This should be forwarded to the VFW and AL for dissemination and discussion.