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My husband just received a letter from VES (Veterans Evaluation Services) regarding his Disability Claim. We are completely shocked! The VES has listed everything as 'Normal' based on their findings...
HOWEVER- DH has seen private specialists within the last year and a half since getting out (because he is in SO much pain from his knee and back especially- he actually ended up in the ER one day because it was so bad) and MRI scans have shown that he has floating fragments of bone in his knee, caused by a non-combat related knee injury while on deployment, and several herniated discs.
The VES ordered X-Rays but no MRI's. We have copies of the medical reports from the private specialists that he saw- but last time we offered to give them to the VA they said they couldn't take them, that they would have their own specialists evaluate him.
Another thing we are confused about- when DH had the VES eye and hearing exams, the doctors who evaluated him agreed with him that he had deteriorating eyesight (he sees 'floaters' constantly) and the doctor who evaluated his hearing told him that he definitely had a hearing problem. Now the report says these factors are normal as well.
It's too late to call the VA right now- so we'll be calling in the morning. But has anybody else had experience with this? The VES having a completely conflicting report to what private doctors / specialists have found?
You can appeal the decision and you have a right to submit your medical documentation. Did one of the veteran's organizations (VFW, American Legion, etc.) help your husband submit his claim? If not I would contact one of them immediately. They can help you with the appeals process.
Does your husband have an eBenefits account? He can check his claim status, make an appeal, submit supporting documentation, etc.
He had the injuries documented while he was in the Marine Corps, and was treated for his knee injury in particular (Sports Med, not that it did much good) but because he was having ongoing problems immediately after getting out, that's why he saw specialists once we relocated to St. Louis. It was also noted on his medical when he got out, that he had dislocated discs in his back, that his eyesight and hearing had worsened since he got in. That's another reason why it's so insane that they're now saying everything is 'normal' as it not only opposes what the specialists said, but what his medical evaluation upon discharge said.
He did the initial claim himself directly at the VA- he since saw a local VFW rep but they told him there was nothing they could do?
Anyway he went down to the VA this morning- and just now called me to say they told him there was nothing they could do. I suggested going to see the VFW rep again while he's downtown but he doesn't see the point.
We do have eBenefits- I'll look into the appeals process immediately.
He had the injuries documented while he was in the Marine Corps, and was treated for his knee injury in particular (Sports Med, not that it did much good) but because he was having ongoing problems immediately after getting out, that's why he saw specialists once we relocated to St. Louis. It was also noted on his medical when he got out, that he had dislocated discs in his back, that his eyesight and hearing had worsened since he got in. That's another reason why it's so insane that they're now saying everything is 'normal' as it not only opposes what the specialists said, but what his medical evaluation upon discharge said.
He did the initial claim himself directly at the VA- he since saw a local VFW rep but they told him there was nothing they could do?
Anyway he went down to the VA this morning- and just now called me to say they told him there was nothing they could do. I suggested going to see the VFW rep again while he's downtown but he doesn't see the point.
We do have eBenefits- I'll look into the appeals process immediately.
Talk to a lawyer for your appeal. Most will see you free of charge and decide whether to take your case or not, i.e. does it have merit. It may be that they will tell you that under the current law you are unlikely to get anything with what documentation you have. Unfortunately that can be a fact that is really unfair with how the process works. However, if they take it, most take 33% of whatever you increase in disability claim for the length of time of the appeal. Mine went over a year so I paid 13 months of what my increase was. Still, now I have the proper rating for the rest of my life.
The VA Disability system is broken for a number of reasons. Most of the disabling conditions were established during the Civil war and have only been revised during the Korean and Vietnam war. People used to die that now survive with life altering disabilities that are not covered under current law. A lawyer can phrase it in the proper way such that you get the disability you are entitled to.
I am not encouraging people to fake injuries or to freeload, but it sounds like he served his country honorably, may have some disability, and if he does, by law, he should be compensated.
I do want to mention though that most ratings are well below what you would expect. Things like eyesight floaters, needing glasses, hearing loss, generally will fall into the "normal" category even though it is worse than the general public. For example, loosing a leg below the knee with a prosthetic is only 40%. They are confusing, often unfair, and seem abitrary, but the ratings are listed at: 38 CFR Book C, Schedule for Rating Disabilities - Web Automated Reference Material System
Good luck. I know this can be difficult and frustrating, but there is help available. Do a search for veterans lawyers in your area and find one you are comfortable with. No one else is going to fight for his rights. Thank your husband for his service from a fellow veteran.
I decided to call the VFW rep myself, and he told me that the VA has to accept / look at the doctor's reports from the specialists that DH saw. DH is on his way now to pick up copies of the reports from the specialists to give to the VA (we have copies at home but don't want to part with the originals just in case).
I have contemplated speaking to a lawyer about it- I think it's probably worth it.
We are a year and a half into this process, and DH was told by the specialist that he's going to need knee surgery sooner rather than later. It just blows my mind that it could be suddenly 'healed' and 'normal' from the point of view of the VES?
I am astonished the VFW rep wasn;t all over this with an appeal and having him gather outside medical records. I hate to say this but dump the VFW reps and locate another service organization. You may want to try the DAV (Disabled Amercian Veteran's) as they have one of the best records for obtaining VA benefits.
This is very standard unfortunately. The entire VA disability system needs to be scrapped and rebuilt. It is based on a model that started with the Civil war and has been adjusted during WW1,2, Korea and Vietnam. Back then they did not have the diagnosis that we have today, nor did they expect people to live from some of the injuries we recover from today.
Most of the VA people are very caring and try to help, but they are so behind, understaffed, and being told by congress that the most important thing to do is catch up instead of making sure each case gets the proper attention it deserves.
Here is what I did and I am so glad that I did it. You can not use a lawyer (or have the lawyer file) your initial VA paperwork. However, for your appeals, you can.
My lawyer took 30% of my award up to that point with a max of $6K. The VA lawyers know how to word the appeals exactly so that the VA people looking at your record can easily connect the dots. If you win your appeal, you are retroactively paid back from the point that they deemed it began (most of the time it is exit from the service).
It is a very slow process. My appeal wasn't complete for 3 years from my exit from the service, however it was a couple hundred dollars a month x 39 months. I absolutely don't believe I would have won my appeal even though I was very good at documenting what was in my records. Simply by using one word incorrectly can doom that part of your appeal.
Google VA lawyers in your area. You can find out their fees, their appeal win/loss rate, etc.
It's an absolute disaster that we even have to have this conversation.
I recently went to a VES site in Monument Colorado. From the time that I sat down, the guy that was doing my evaluation did absolutely nothing but talk once every 3 to 4 minutes. When he did talk, he kept telling me what my symptoms were and how severe they were.
Since I'm no longer an expert, I can can only give my opinion: VES is a bunch of scam artist! I am on a mission to prove it!
I went in with a previously diagnosed TBI. According to this guy, I have zero symptoms. Despite the uncharacteristic outburst, and frequent hour to 6 hour trembling episodes that I get. Other injuries that I are documented to be service connected, all of a sudden there are no symptoms based on his findings. Ironically, I went to the ER the next few days and was told why that was happening, and that it was highly likely due to the TBI.
There are ways to address issues revolving around VES. I have been keeping up with dozens of websites and forums where people talk about how poor of a job they do. It may take time, but keep track of things you find about this company. When you finally have an appeal hearing, you can definitely use the piles of negative comments to support your claim, and assert that VES is not being honest with the VA about their findings.
I don't think that this is an issue within the VA, but simply the scam companies that they keep contracting to do their claims evaluations. This is the third different company that I have dealt with revolving around my claim, in three years. That tells should explain a lot about the quality of the people doing their evaluations.
I went as far as sending the guy (that i refuse to refer to as a dr) a letter letting him know that I would be contacting various local, state, and federal legislators to inform them of what this company is doing to their veterans. I embedded a received and read alert so I know that they got it and read it. I encourage others to call and email their state and federal legislators. With all of the bs that the VA has going, veterans making complaints might encourage them to get their act together.
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