The Deborah Scott Story: A Horror Story at the VA Part III

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Law and Orders, The Horrible Misadventures of Deborah Scott at the VA

by Deborah Scott, U.S. Veteran 

This is part 3. To the feature story "Deborah Scott, VA Horror Story, Part 1, dated August 12, 2009, and Part 2, dated April 6 2009.  Let’s call this "Laws and Orders" 

  1. "Duty to assist"- to provide assistance to veterans in gathering evidence to support their claim, so they might received a favorable decision.
  2. Medical misconduct-altering medical reports so the veteran is denied a claim.
  3. Malfeasance- misconduct or wrong doing, by a public official.
  4. Misfeasance- a form of wrong doing, especially the doing of something lawful in an unlawful way so that the rights of others are infringed.
  5. Paper reduction act- getting rid of evidence pertaining to veterans claims.
  6. Timely fashion- a sentence of 1 to 2,  2 to 5, 5 to 10. 10 to 20, 20 to life.
  7. Bonus scandal- VA representative receives keeping government spending down; which means they deny more veterans claims. 

After reading this article, see if any of these laws pertain to your va claim for benefits.  I guarantee, you’ll find one or another that relates to your case, or someone you know.

     

Like I stated in the April 6, 2009 article about i founded that there was an award for special monthly compensation dated October 7, 1996. 

After inquiring to Pittsburgh regional office which was November 8, 2008, why I wasn’t paid for the SMC, for lost of right breast due to my service connection open heart surgery the Pittsburgh regional office sent me a letter stating the reason why I wasn’t paid was it was a temporary award which was granted from 0ctober 7, 1996 and ended November 1, 1996, and since it wasn’t a month that’s the reason why I wasn’t entitled to any payment.

In a letter dated February 9, 2009, I requested a copy of this decision and the law that they use to determine this decision, by law I’m entitled to a copy and normally that’s what they usually do when they send this type of letter.  

I also stated that this isn’t a new claim issue because Pittsburgh regional office sent me a form along with the reason why letter but no copy of the original award.  I wrote a letter to the director, dated February 18, 2009, requesting still a copy of this October 7, 1996, decision because the regional office refuses to send me one. Afterwards the regional office sent me decisions dating from 1979 thru 2001, but still not the October 7, 1996, decision.
 
While I was reading thru this decision, I founded that the regional was altering medical report to deny all my claims. 

Such as in a 7-19-1989, decision I was denied for cervical disk surgery, even with letters from experts, such as letter dated 2-7-89, from Barry Alpert, MD, letter dated April 17, 1989 from Frank T. Virtuosic, Jr. Mad, letter dated June 13, 1989, from W.R. Kemp, Md, which did the surgery, replacement of c-5-6-7 disk in my neck due to the constant black outs.

I went to a private hospital and seen these private doctor which they found the problem.  But even after all this evidence of record, the regional office denied this claim and stated that the issue is: 
 

  • Heart block, status post pacemaker implanation-30%,
  • Status post residuals, pacemaker wires from right chest pacemaker insertion-0%,
  • Arthritis of right shoulder-0%
  • Cervical dissectomy c5-6-7 with hydroxyapatite fuson-0%
  • Healed laceration, left wrist-0%
  • Alopecia-0%
  • Headaches-0%
  • Conversion reaction-0%
  • Personality disorder-0%
  • Neurological condition of right arm-0%
  • Pulmonary embolism-0%

The regional office stated these issues were denied because this issue was the result of the veterans own willful misconduct and /or vicious habits:  due to alcohol and substance abuse.
 
Then in another decision dated 1-13-1993, I had pacemaker implantation and after the experts opinions again, such as letter dated 4-7-1992, from B. L Alpert, Md, cardiologist, a letter dated 3-2-1992, from W.H. Kemp, Md -neurosurgeon, and a ct cervical spine, dated 1-31-1992, medical statement from G.C. Adhar,Md, dated 3-17-1992, and another letter dated 8-19-91, from Eliot J. Goldstein, Md.

After the regional office listed the same issues as the 1989 denial decision, and they use the exact same wording for their decision as the 1989 decision, these were still the result of the veteran’s willful misconduct, due to alcohol/drug abuse.
 
In 1994, after my open heart surgery, letters from the chief of cardiology, another from the cardiac surgeon, letter from the electro physiologist, the region office denied that issue to and stated that my open heart surgery wasn’t considered major.
 
The duty to assist law states that the regional office is suppose to help in every way for a veteran to received a favorable decision.  They are to get all medical evidence for the issue that your seeking benefits for, and their suppose to get experts opinions as needed.  Well what happen in this case?

 They had plenty of expert’s opinions and none of them has ever stated that my issues are relating to an alcohol or drug problem.  Especially after 9 pacemaker implants and open heart surgery.   So in a letter dated, April 23, 2009, to the director, again, I first let him know that I still haven’t received a copy of the October 7, 1996 award and for him to look at these decisions that were altered by the Pittsburgh regional adjudicators.

I sent him a copy of the decisions along with the letter, letting him know that I’m requesting from the inspector general office to look into these claims, because this is against the law, rather it be thru the va administration, or private doctors, it’s not allowed.  But if it is in the VA, then I wanted a copy of the law that states that the VA administration has the right to do so. 

I also sent letters and the copies of the decisions to Senator Arlene Specter and Congressman Mike Doyle, the Inspector General, the NAACP, cbc-braintrust committee, the newspapers, etc.  I also requested that I wanted to review my claims folders, and I ask for a personal hearing to bring up these issues.
 
In May I founded out that the inspector general and the general counsel investigated the bonus scandal by the Pittsburgh regional office.  It seems that they were denying claims so they can get a bonus; I figured I must have been one of the unfortunate veterans.
 
However, on May 23, 2009, I received a call from the Pittsburgh regional office stating that my c-folders were sent to the board of veteran’s appeals, on May 22, 2009, because of a remands from the courts of veterans appeals for different issues.   He told me when a case is remanded from the courts; the litigation department of the board requested them. 

So I asked him what happens to the 0ctober 7, 1996, SMC inquiry that I requested a copy back in November, 2008.  He told me that there was a temporary file but ther e wasn’t anything in it pertaining to the award, because it was in the c-folder that went to the board.  So i asked him,  so what your saying is that I have to wait until the board makes a decision on the courts remand issues before I  can get an answer to the SMC inquiry.  He told me yes because again the records that they needed was at the board and they have no information in the temp file. 

Then I ask him what happen to the copies of the 0ctober 7, 1996, SMC award, and the request to view my records, and also I requested a personal hearing, in the February 3, 2009, February 9, 2009, and also a letter to the director requesting his help in these request, dated April 23, 2009. 

He stated he didn’t know where those letters were that he was just calling with the information that he had about the “where” and “why” my records were sent to the Board.  
And that they can’t finish my inquiry about the October 7, 1996 SMC inquiry.    It’s now 7 months since this inquiry and now the regional office decided that this is how they were going to handle their mistake by getting rid of the problem by using a fake authority regulation.  I was pissed. 

I said to myself after going thru this mess for 31 years I was shocked that they were still getting away with abusing their power.  This type of procedures has been going on for decades but even in a statement from the law judge who remanded my case back to the board, that unfortunately, that there’s no law for malfeasance or misfeasance in this part of the government.  I wonder why?  This law is part of the other courts. 
 
However, I called the legation department at the board, on May 24, 2009.  And of course they told me my records were there.  But the board can’t touch my case until after the 60 days mandated by law time is up.  So I asked him, than why did Pittsburgh send these records so soon.  He stated the regional office knows the rules and they didn’t have to send them at that time. 
 
I couldn’t believe that after 31 years here I go again, with this game.  I called our acting director, and told him what was going on.  I told him about the letters I sent from November 2008 thru May, 2009, requesting just a copy of the October 7, 1996 award and the rating decision.   I asked him did he receive the letters I sent to him.  He stated that the mail goes to the mail clerks and their responsible to send the mail were it goes and he never received any. 

Than he stated was I talking about a 13 year pay back.  I told him I didn’t know what the payback would be but I’m entitled to a copy of this decision, since they stated that I was awarded a temporary sac for less than a month.
I told him sac, special monthly compensation, can’t be awarded temporary, it’s only awarded for loss of creative organ in my case.  He told me, he didn’t know how I got his number, but don’t call it no more, there was nothing that he could do.
 
I decided to call the board back; I refuse to let this happen again.  I dialed a wrong number, trying to reach the chairman of the board’s office, but I reached someone at the board, he asked me why was I trying to get in touch with the chairman office?  So I told him my problem.  He looked on pulled my case up on the computer, and he also seen the October 7, 1996 award for sac.

He told me he would see what he could do.  After a couple of days he had one of his representatives help me.  She looked up the case and she also seen the award, dated October 7, 1996. 

In the meantime, I received a letter from the courts notifying me that my 60 days were up, as of July 23, 2009.  I founded out that the board sent my records back to the regional office as of august 26, 2009, for extraordinary circumstances.  Like I said I just asked for a copy of a decision, and I had to go this far.
 
After three weeks I founded out that the regional office had received an inquiry from Senator Arlene specters office and Congressman Doyle.  Let me tell you what happen, I got a phone call from an adjudicator, he stated again that the award was granted from October 7, 1996 thru November 1, 1996.  And since it wasn’t a month I wasn’t entitled to any money.  So I asked him since when sac is granted temporary when the law states, you can’t even received this without losing a creative organ. 

He told me that he had nothing to do with the original award he didn’t work there; however, he stated that the reason why I was granted the temporary was for housebound.  I asked him why would they award me sac for housebound in 1996 when my open heart surgery was in 1994, and this was one of the issues I applied for after my open heart surgery. 

He told me there was evidence in my 7 volume file that showed that I ever applied for sac due to loss of creative organ.  I asked did he see alerter dated may 16, 1996, to the asst. Director, Mr. Serrano, stating all the issues that I claimed in 1994. 

He stated that there was not anything in the record that pertained to this issue.  Then he said that maybe the adjudicator didn’t think you were entitled to anything else, so that might be the reason why I wasn’t awarded sac.  But he just told me there was no evidence of this issue at all in my fink. 

So I asked him again if this was the case, then why I haven’t received a copy of this decision.  He had the nerve to say I had to request this in writing.  I told him how many letters I have written since November, 2008, and still I haven’t received a copy.  He told me he didn’t see any letters sent to this office requesting anything.  (I guess this is part of the paper reduction act).
 
I called the board and told them what the adjudicator told me.  They told me to call the communication department, they take complaints.  They sent me to case management department, they looked up the case but they didn’t see that decision, but they seen the award and they founded a November 5, 1996 letter, for me to be paid. 

I told her that according to the regional office all of a sudden there’s no record of this issue at all.  She told me all she can do is inquire about receiving a copy because they had the records.  Than I called the chairman of the board office, and of course I got ne of his representative’s, he looked the October 7, 1996 and the November 5, 1996 letters and he told me the same he can inquire. 
 
After three days, I received a letter from the regional office stating that I had to go to a cap exam.  When I called they told me that they were treating this issue as a new claim.  (You can’t imagine what I was feeling; I’m not allowed to say).  I called the board again and told them what was going on.  They told me to go on the exam because if I didn’t that would give them a reason to deny me.  Unbelievable!  After 31 years, they wanted me to start all over again. 
 
I called the acting director and told him that all of a sudden they claimed that there is nothing in this record pertaining to this issue.  So they want me to start all over again.  Then I told him that they also stated that none of my request since November, 2008, was in the files either.  He told me to fax him the copies of the letters.  I went to the vet center and had 18 pages faxed.

I went there because they can’t say now they didn’t receive them.  I included letters from November, 2008, thru June 3, 2009, I also included a copy of the May 1996 letter to Mr. Serrino, that they sated they didn’t have.  I also included the medical statement from the chief of pain management, dated may 2001, which stated that he’s been treating since 1996; another letter that they claim wasn’t in there

Like I said 18 pages!
 
When I went to the exam, dated September 28, 2009, the examiner stated she wanted me to have pictures of my breast, so she could send them to the regional office.  I started crying, I couldn’t believed I had to go this far.  I said no, the regional office had pictures in 1994, and according to them there no records of I even applied for this issue, so why would I want to expose myself so they can loose them to. 

When I got home I called Dr. Patricia Hayes, head of the women’s service center, which use to be head of the women’s services at the VA hospital in Pittsburgh.  She knew me forever and about my case.  Whenever, I got her on the phone, I told her what I was going thru and she told me she couldn’t help me.  This is a women issue that’s been going on for along time, how females are treated different when it came down to sac benefits.  She knows that, but I guess she’s too big, to help female veterans like me.
 
I was told to call another person at the board.  This lady told me that Pittsburgh had sent my files back to the board and that it was now at the litigation department.  Due to my courts remands. 

However, she had my files in front of her, and she also said what wasn’t in the files.  Than she told me about the award dated October 7, 1996, that was in the file but she couldn’t find the rating decision that the ward was granted for.  But she stated that this issue had to be address at the regional office level before the board can make a decision on the claim.  I told her that this case was at the board for 10 years, and they didn’t even sight it. 

They remanded my case three times but they didn’t see this issue.  She stated that there was nothing that the board can do.  Than I asked her about the court remands.  What happens now that the records are back?  She stated that the case will go to the judge after they gather the information that the judge made mention of in the remands.  But it doesn’t mean that the judge is going to rule in my favor.  It’s up to the judge. 

I stated that in the remands the judge stated that the board didn’t take certain things into consideration pertaining to my case and he told them to revise their decision.  He also stated that this case was a mess and he was upset that this case was sent to the courts in the shape that it was in.  He stated that the courts spend unnecessary amount of time on my case.  This lady replied. The judge didn’t say to grant this issue, he stated to review this issue and revised if according to the law judge.  Now I’m really pissed off. 
 
Let’s see how this all plays out-31 years ago, I applied for benefits.

  1. 12 years my records were lost
  2. 14 years my case went back n forth-regional office, back to the board
  3. 5 years at the courts of veterans appeals
  4. Now the courts sent it back to the board
  5. And the board sends it back to the regional office

Here’s my question who the hell did I kill, to be for life?

Because that’s how I fell, after 31 years, between trying to live another day and fighting this system, I feel like I must of did something besides apply for benefits.
 
While you read this story, think about have you been sentence to.  I know that story is just like someone’s story, before me and after me.  Is this fair?

How can we have a system that’s so messed up but you got politicians, when our votes are needed, claiming to do so much.  If this has been going on for decades, you mean to tell me what will it take for this system to be held accountable for there unlawful procedures. The military is made up of colors like the coat of joseph in the bible.  And veterans proudly fight for the "red"  "white" "blue".  What we’re not is criminals and we don’t deserve to be treated like criminals.  Criminals have civil rights, veterans don’t.  Criminal are guarantee three square meals a day, free light and gas, free education.  They even have rights under the law to have speedy trials. 

What rights do we have?

How many homeless veterans we have in this country?
How many veterans lost their homes and families due to this VA mess?
How many has come home and committed suicide because they couldn’t handle this mess. 

What I’m scared of is we younger veterans that are coming home thinking that this system is going to help them. But don’t know what’s in store.  Why can’t we do something?
 
Here’s what I propose, let’s write president not because he’s black but because he is the "commander and chief".  He always states in his speeches, let’s honor our veterans.  Okay, so let’s see what he can do.

The U.S. President’s before him allowed this type of treatment in the VA system but that’s not saying much for this country. 

We fight proudly but does this country fight for us?

Let’s swarm the president’s office with letters.  I guess sooner or later he’ll get the message that Veterans are tired of this mess and we deserve better.  But until then I won’t give up trying to make a change.
 
Here comes Veterans Day, November 11, 2009.

First let me say happy Veterans Day to all Veterans and their families. 

But I would like to start a chain.  Here’s what I would like, at 12:00 noon on veterans  day, honk your horn, for veterans and the men and women who are serving now.  Let’s see if they can hear us around the world  if you don’t have a horn, just makes some noise.

If you have a MySpace.com or Facebook post this message. Or just send out an e-mail to someone and asked them to send this message forward. Hopefully this message will travel around the world and we can make this happen.
 
Again "Happy Veterans Day"


 


DEBORAH SCOTT can be reach via email at; [email protected]

 

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