Veterans' Advocate Jim Strickland answers questions from VA Watchdog dot Org readers.

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Veterans' Advocate Jim Strickland provides regular columns for VA Watchdog dot Org.  If you would like to contact Jim about his columns, you can email him here...  The archive of Jim's articles is here...  To find an answer to a specific VA benefits question, use the VA Watchdog search engine... click here... 

Be sure to use Jim's:  "A to Z GUIDE OF VETERANS DISABILITY COMPENSATION BENEFITS" click here...  

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by Jim Strickland

NOTE:  Letters in my Q&A columns are reprinted just as they come to me. Spelling and grammar are left as is and only small corrections are made to improve readability, ensure anonymity or delete expletives that may offend some readers. This is not legal advice. You should always seek the advice of an attorney who is qualified in Veterans' law before you make any decisions about your own benefits.

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Jim;

In June of 2009, I had applied for a Veteran Ratings Service Representative position at my local regional office in Louisville, Kentucky. I am a 24 year veteran, 70% disabled and a registered nurse. I cannot work full time as a floor nurse currently due to my disability limitations but I felt that I could sit at a desk and due to my 24 years of medical service could help review claims and help veterans but I found out an awful truth.

I was interviewed finally in December 2009 and was selected for the position. Something told me to check it out further. I knew I would have to go through training for at least one year to two years before I would be proficient, but that is not what bothered me. Upon asking further questions, I was told there was a production quota which was NOT detailed in the job description nor was I informed of this at my interview.

I was told that I would have to meet certain production quality standards but hell, everyone has to go through that when dealing with claims in any job like insurance companies and so forth. When I asked the HR representative if I could talk to my new team leader, she said "oh no, no one has time to talk to you, they are busy meeting their month end quotas. I asked what were the quotas and I about fell out of my chair when the HR specialist told me that the quotas were 8 cases a day!!! That is outrageous. I was expecting about 2-4 but 8????? Apparently this is a nationwide practice and is abhorrent.

This is an outrage and I immediately declined the position. I just politely said move on to the next candidate. Veterans are not used cars, nor would I be doing a veteran any favors being rushed because I could miss something and I'm normally very thorough and I don't like to miss anything. I currently can only work per diem as a Sexual Assault Nurse Examiner and it works for me because it is on call but the hours are not guaranteed and income is not stable but..... I can take my time and help someone who has gone through a traumatic experience and really help someone. That is why I became a nurse.

I was doing some online research and ran across your web site. I wanted to tell you of my actions because someone needs to take a stand and not take on a job that would hurt veterans.

Thank you for reading my email.

Reply;

Wow. You really nailed it. Your assessment is so perfect that it startled me.

But...you don't yet know the worst of it. Get ready.

Bonuses are given to those who meet and exceed quotas. However, there is little to no credence given to the quality of the decisions. An unjust denial is lent the same weight as any decision so in a crunch to make the bonus, the rater may quickly deny a number of claims to meet quota and know that nothing will be done about it. Decisions with awards are 100% reviewed. Decisions that are denials are only randomly reviewed.

There is no system to track how many denials are appealed successfully. There are many 'guesstimates' but nothing that appears to be valid. In my own work I estimate 70% of award/denial letters are so flawed as to require appeal. All of those may be eventually won on appeal.

So much for the quota system. Thanks for writing and bringing this up.

The sad part of it all is that we really need people like you. Your military experience, your knowledge of the system as a disabled veteran and your degree in nursing would make you seem the ideal RVSR who could make fair and knowledge based decisions about disability claims.

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Jim;

my IU has been taken away and the VA says I did not send in a form. They said they mailed it but it went to my previous address so I never recieved it. The last form before this one I recieved at my current address. The va says the action is already taken. how can I recover from their mistake?

Reply;

Unfortunately, the responsibility to ensure the form is timely completed is yours. If you moved and didn't have mail forwarded or notify VA in writing using certified mail, you made a serious mistake. If you did all that and VA erred anyhow, you should have downloaded a form, completed it and mailed it in. Changing a mailing address isn't easy with VA and one must be aware that some paper may not get to you as it should.

Even before they lower the benefit they will give you advance notice of "adverse action" so that you can get it straight before you've actually lost the benefit.

I write about this here http://jimstrickland912.com/I.htm and here http://tinyurl.com/ydsl6lw

If VA has reduced your benefit your only option now is to appeal. You must write to them using a formal letter and explain that for some reason you didn't receive the 4140 form. Be sure to enclose a 4140 that covers the period in question. It may take time but you'll likely get the IU benefit back with little fuss.

I advise IU veterans to keep it in mind that on or about the anniversary of their IU award they owe the VA a 4140 form. I usually complete 2 each year just to stay safe.

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Jim;

I am a veteran that is having a tough time trying to get my VA prescriptions corrected. I have tried to get the people at the phone assistance at the Newington CT VA to correct the problem and got nowhere fast. As you know talking to the VA’s Patients Advocate is a waste of time when all they will do is cover the VA’s butt.

I even tried talking to the VA’s director and got nowhere fast. Talked to the Senators in this state and got the same run around as allot of other veterans have. What can I do to get some action taken to correct this problem with my prescriptions?

The prescription problem I am having is I am a diabetic and need to take two injection of insulin a day. Beside that I am supposed to test my blood sugar four times a day. I need to do this to have better control of my blood sugar through out the day.

Upon renewing my prescription order for the items needed to do the above I was given enough blood test strips and enough lancets but was only given enough alcohol prep pads to only take two test of my blood sugar a day. I spoke to a nurse named Lisa who advised me to go out and buy the rest of what is needed.

Stating "How much could a bottle of alcohol and sterile cotton balls cost"

Maybe my supper for a week.

Since when do we need to go out and buy the supplies the VA has been and is supposed to give to us? I get a kick out of hearing something like this from a VA employee who has better medical care than the veterans who go to the VA.

I am 68 years old and live on my social security of a little more than $800 dollars a month plus food stamps. I have no co pay at the VA so all that I get is supposed to be free.

I have even tried to get my doctor involved in this mess and was told she wanted this nurse Lisa to contact me instead. I find that kind of hard to believe because the last time I saw her she advised me to contact her if I needed to.

What do I do in a case like this?

Let some VA employee tamper with my health care?

Isn’t there some law that prohibits that?

Please reply and advise. I’m at my wits end and tired of calling the VA to try to correct this problem.

Reply;

You won't care at all for what I have to say.

You're making a mountain out of a molehill as surely as anyone I've seen this year. I take injections myself and I buy my own alcohol and some cotton balls because I prefer them over the little pads I'm issued. I even sometimes take the cotton from other medicine containers and use that to soak up some alcohol to swab the injection site. You can use a paper towel rather than a cotton ball...it really doesn't matter.

While I get your point that VA should provide you with precisely what you need, this is far from a perfect world we live in. If this is the worst thing that happens to you this year, you should be very grateful.

If you'd like, I'll send you 10 bucks to buy alcohol and cotton balls with. That should keep you going through 2010.

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Jim;

Jim, I have never found anyone who could tell me exactly what I should do If I need to check into a non VA hospital in an emergency. Just what steps are needed to insure the VA will pick up the tab, then move you to a VA hospital when it is possible. I live 80 miles from the nearest VA hospital and this worries me. It would seem they would have this carved in stone somewhere, and passed on to all vets. I'm sure lots of vets are in the same boat.

Reply;

It's in my A to Z Guide at http://jimstrickland912.com . I won't tell you exactly where...I want to have you search it out so that you'll see much of the other stuff in there.

Not very fair of me maybe but it's a good guide and knowledge is power.

Follow-up; "Jim, I read your A to Z guide and found it very enlightening. As to the answer to my original question, I showed your answer and the links you so generously provided to a Philadelphia laywer who after reading them went out on a two day drunk. When he sobered up his best advice to me was, 'Don't get sick anywhere but close to a VA hospital or you're screwed big time.' Thanks Jim."

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Jim;

Thank You for your service and time.

Question, After seeing my Psychiatrist I asked for a print out of my future appointments and saw something on the paper that reads Amb: Track, so I asked about it and was told it was a C&P. I notice the dates have passed and no one told me about the appointments, I requested information about the C&P and was told to go to the C&P office, I did. I asked the lady working there and she told me it was a review but my C-file hasn't arrived yet and not to worry.

My question is.. She said my C&P would be done at the V.A. and I would need to be present. Why am I having a C&P? and why is it being done at the V.A. and not a QCT place? is this normal? I did appeal my rating for PTSD but most people I ask went to a place call QTC. Are they trying to do me a number?

Reply;

QTC is a contractor who works for the VA. http://www.qtcm.com/index.asp  They often have offices and exam areas within VA hospitals but that isn't  always the case. A C & P may be ordered for a number of reasons and at any time. If you appealed your rating, an exam is a perfectly normal next step.

You'll be scheduled after your paperwork arrives from the RO to the facility where you'll be examined. Often enough the QTC folks won't send a letter, they'll call with very short notice. Do your best to keep the appointment.

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TOPICS: veterans, veterans' benefits, VA, Department of Veterans' Affairs, Jim Strickland, Veterans' Advocate,