rogusThursday, 8 November 2007
Lawyers Championing Veterans Rights before HVAC
Posted By rogus at 6:50 PM
546 recommendation(s). +Recommend this blog
This is a partial reproduction which speaks for itself.
Responsibilities of VA managers that protect the fairness of the adjudicatory process--such as “control” of claims, supervisory review of unnecessarily delayed claims, thorough development of the evidence needed to decide a claim properly, recognition of all of the issues involved, provision of adequate notice, documentation that notice was given, and careful quality review -- all adversely affect the productivity and timeliness statistics (that is, how many decisions on claims are made final within a particular period of time) for the VA manager. Consequently, proper attention by VA managers to their legal obligations very often adversely affects the statistics upon which their performance is rated. I want to emphasize that most premature VA adjudications are caused by ROs seeking work credit. If the claimant should appeal, the RO can earn another work credit for work to process the appeal. Here is an example of how this system can be manipulated. Suppose: In January 2005, a veteran files a claim for service connection for post traumatic stress disorder (PTSD). The veteran indicates he has symptoms of PTSD and alleges that he engaged in combat during service. (In order to obtain service connection for PTSD the evidence must show that the veteran suffers from PTSD, that he or she experienced a stressor (a traumatic event) in service, and that the stressor is linked by a medical expert to the stressful event.)[4] The examination is promptly conducted and the VA medical examiner, although noting symptoms of PTSD, refuses to diagnose PTSD because the veteran’s alleged stressor is not verified by the evidence of record. An end product (work credit) is then taken by the RO in April 2005. Upon receipt of the new evidence the RO sets up a new end product but promptly denies the claim because the RO finds there is insufficient evidence of the alleged stressor. The RO then informs the veteran of its decision and takes credit for a second end product in July 2005. The RO takes a third end product in March 2006. A fourth end product is then claimed by the RO. The VARO was really entitled to only one end product for this work. But, because of premature adjudications and flat-out errors in judgment by the RO, the RO was able to claim four work credits. The RO was also able to show that these four actions were completed in a faster time than what it really took to adjudicate this claim. From the veteran’s point of view it has taken the VA 24 months to adjudicate his claim. However, the RO is not unhappy. The RO, during this two year period, has earned four end products (work credits). The end products claimed by the RO also show that it took only 6 months on average (instead of the 24 months it really took for the claim to be adjudicated) to adjudicate these claims. Therefore, the VA manager gets to claim three unearned work credits and to show an erroneously low time period to adjudicate these claims. That would help the manager earn a promotion and a bonus for such “productive” work. Posted By rogus at 6:50 PM
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