You're now at the most reliable source of veterans news available...anywhere. All the news for you and your family about
your veterans benefits is here, updated daily.
This is the site the VA reads when it wants to know what it's been doing.
This is business as usual at your VA. They seem to be completely isolated from any of the reality in the world around them. They live in a fantasy world where they know that if they repeat something often enough, it will be true.
To me, the most interesting aspect of the behavior of the people who write these reports is that they appear to absolutely, positively believe what they're saying.
VA executives are zealots. They are fanatically committed to their own version of the truth. They won't let facts blur their vision of their truth.
Lets examine the facts.
* Initial VA disability claims decisions are riddled with more errors than ever before. Every advocate experiences the amazement of reading a denial letter where critical evidence was obviously overlooked, mistakes in law are made and the denial letter appears to have been pieced together by a 13 year old student who has failed his grammar and spelling classes.
* The Internet has made veterans more aware of their right to due process under existing law. Veterans aren't shying away from filing their own claims again and again and again.
* The VA has created the industry that supports veterans filing appeals. Since 2006, the legal profession has aggressively stepped in to help veterans. That was the worst nightmare in history for VA. Suddenly there are skilled professional attorneys who won't allow VA to get away with breaking the law.
* The errors in the adjudication of initial claims are what is causing the rapidly growing backlog of appeals. There is no other reason.
* The solution is simple. The VBA must stop making errors in initial claims decisions.
* VBA does not ever address the real problem...that they create the errors that are being appealed.
The bottom line is that this is nothing more than the VBA denying culpability in the disaster area that is your VA. In essence, they once again blame the veteran. You're just filing too many claims!
If VBA had its way, they wouldn't ever again have to communicate with you. If it weren't for all those pesky, annoyingly sick veterans bothering them, VBA may be able to get some work done.
Medicare program paid about $172 million in claims towards penis pumps,
a treatment for erectile dysfunction, between 2006 and 2011, according
to the inspector general for the Department of Health and Human
Services. That's about double the retail price.
The Department of Veterans Affairs paid $185 each for the pumps, “known
as vacuum erection systems,” for each man suffering erectile
dysfunction, according to the report.
In recent years a number of veterans
associations and regulatory groups have drawn attention to
substandard care and conditions at many VA hospitals.
If you believe that you or someone you love may have a
VA hospital medical malpractice claim, the lawyers at Hodes
Milman Liebeck Mosier can help. VA malpractice is medical malpractice, and victims
are entitled to appropriate compensation for their hardship and
You've filed your claim. Now you're waiting, maybe a year, probably much more. Then one day, you check your mail and there it is, that big manila envelope you've been waiting for.
When you open it, you're shocked and awed by what you find. Your claim has been denied. As you read through the dozens of pages that were in the envelope, you experience the same feeling that Alice did when she fell through the looking glass. The VA is a sort of mad tea party.
You know you submitted evidence that wasn't looked at. Statements in the letter don't seem to match your own and it appears that you may have another veterans decision...or at least some of it.
The whole denial letter thing is a farce. You know you must appeal.
Your decision becomes; 'Who do I choose to manage my appeal? A lawyer or a guy I met at a veterans club bar?' VA employs about 400 lawyers to fight your appeal.
Mandamus is a judicial remedy in the form of an order from a superior
court, to any government subordinate court, corporation, or public
authority—to do (or forbear from doing) some specific act which that
body is obliged under law to do (or refrain from doing)—and which is in
the nature of public duty, and in certain cases one of a statutory duty.
I am an Army Vietnam vet.
I had not filed for
compensation until my wife saw an article about VA allowing IHD &
Diabetes as service connected for AO. Long story short, I filed in 2010,
the only records to be found was my DD214.
I have studied, read
and responded to about every medium that I could to get my case moving. I
was rated 30% IHD, 20% DMII & 10% tinnitus for a 50% overall rating
after the usual VA Math was applied.
Realizing I also had PTSD
and 8 other secondary ratable conditions, I continued to file NOD's. It
has been 45 months of the same song and dance;"Your claim is under
review and the average time is 172 days blah, blah, blah."
January 2014 I found your website and read everything you had posted to
your site. I saw where you suggested a Writ of Mandamus to help get the
ball rolling. So that is what I did. I wrote a letter to the DRO
outlining each and every ailment, why I felt it should be rated and what
rating it should be given. I gave 30 days to reply and resolve the
Within 10 days of receipt, the DRO called to set a
hearing and get a better understanding of what I really wanted. Two
days later, I had a hearing by phone and I was granted 100% scheduler.
The DRO told me 5 people had picked up my file in the last 6 months and
put it down due to being so convoluted and complex.
Thank you for
providing the trigger that pulled the VA off center. Over the past 45
months of research, I have helped guide over 60 vets get some sort of
A Writ of Mandamus is a powerful tool. I don't promote it often as it isn't simple to use the tool and it's very easy to get it wrong.
said that, advocates are increasingly using the Writ of Mandamus as
they become ever more angry with the seemingly intentional delays that
VBA is promoting via their incompetence.
Grandpa used to tell me that you can make a stubborn mule do damn near anything once you had his attention. To get a mule's attention (so said grandpa) sometimes would require hitting him over the head with a big stick.