More Evidence of VA Incompetence and Arbitrary Decision-Making: My Case

Elpidio Osteria: “After 16 months of waiting for their correction and with no response, I decided to file for a writ of mandamus per se.”

To the editor:

I have read your article [Accuracy Not Priority as VA Battles Backlog of Veterans’ Benefits Claims, Nov. 19, 2012] and could not agree much more. I know there are a lot of skeptics, and VA employees who will contest your statements. If you need evidence to document as to how ignorant and incompetent the raters are—and also to support your claim that for every three cases, one is adjudicated incorrectly—I am willing to offer my case for demonstration.

I filed for Aid and Attendance Benefits in August 2009, which was denied. I immediately filed for a NOD [notice of disagreement] and on June 9, 2011, an award was granted. However, the decision was so flawed that they gave me a lower rating under SMC-L instead of SMC-O. They awarded me SMC-K for loss of function of both buttocks but there was no corresponding payment that goes with it.

Furthermore, in the accounting of the retroactive compensation, one month of compensation is missing. I brought all of this issue with the VA through another NOD.

After 16 months of waiting for their correction and with no response, I decided to file for a writ of mandamus per se. In their rush to comply with the court requirements, they just flat out denied my claims by just stating that there are no evidences to support a higher rating for Aid and Attendance base on the fact that other than the loss of function of both feet; there are no other separate and distinct medical condition that will require Aid and Attendance other than my bronchial asthma, which is rated 100 percent.

If this rater was senior and well-experienced, I was wondering how they missed my other service-connected medical conditions totaling 16 with a rating ranging between 0 percent to as high as 60 percent.

If you use the VA combine rating table, this will come out to two 100 percent ratings on top of the loss of function of both feet. How in the world will you say then that this veteran is not in need of Aid and Attendance without consideration of the loss of function of both feet?

If they really analyze all the evidence, I can not understand why they did not correct the nonpayment of the recently awarded SMC-K and missed one month compensation in the retroactive compensation. They just address the request for a higher rating for Aid and Attendance and even without consideration of the evidence in front of them.

This is clear-cut evidence of incompetence and arbitrary decision-making without taking into consideration the quality of work being done, and concentrating more on quantity.

Elpidio M. Osteria

Jay Berman November 30, 2012 at 08:31 PM
Mr. Paulson, what is your vision for the United States of America .. lay it out for us lame brained, Fox watching, koolaid drinking idiots, please enlighten us ...
Things I Learned December 01, 2012 at 03:59 AM
Robert Paulson December 01, 2012 at 11:34 PM
Jay - You are beyond enlightenment. Christianity and enlightenment are antithetical. No hope for you. Besides TIL has already preempted me with his vision. Just be assured that he does not speak for me.
Jay Berman December 02, 2012 at 12:14 AM
Mr. Paulson, please ignore my posts. Rest assured, I will ignore yours. Have a pleasant weekend and Merry Christmas ...
Woody Kirkman December 02, 2012 at 04:43 AM
Jay & Gregory, don't waste your time with those that can't do anything but espouse progressive talking points, ("America is hated all over the world," etc., give me a break. That must explain why people from other countries swim shark infested waters & hike through hundreds of miles of uninhabitable desert to get here.) To be certain, progressives, aka statists, exist in both parties. I find it amusing that the progressives completely ignore (or forget,) that George W. Bush didn't veto any of the democrat legislation that is largely responsible for the '08 collapse, and that the democrats held the majority from '06 to '10, which gave Obama two years to pass ANY legislation he wanted. Instead of focusing on the economy, he chose to destroy the world's greatest health care system, and put us on track to be in debt more than $20 Trillion by 2020, and start at least 2 wars WITHOUT Congress approval. If the democrats had any clue on how the economy works, (and that it isn't the government's role to create jobs,) they had 2 years to prove it. Since they failed, all they can do now is blame the republicans and accuse anyone that doesn't agree with them of being racist. The TEA Party isn't a "party" at all. It is comprised of members of all parties & races that simply want a smaller government that adheres to our Constitution & other founding documents, as designed by our founding fathers. Thus the progressives resort to name calling, & the use of pejoratives.
Robert Paulson December 02, 2012 at 05:26 AM
Right, but Jay and Gregory can waste their time on idiots like you who can do nothing but espouse radical right wing talking points like, "democrat legislation that is largely responsible for the '08 collapse," http://youtu.be/LSJkMBMEwPk Your whole diatribe is full of nothing but right wing bull sh**. Woody, you best stay in Ramona with the rabbits and turkeys, where they agree with your ignorant, intolerant, homophobic, Conservative crap. I hear the KKK still has an active chapter there. Do you have joint meetings with Lakeside, El Cajon and Santee? If you venture into any part of San Diego west of La Mesa you will feel very out of place. God forbid you should go to the beach. In case you didn't know, San Digo county went for Obama in 2008 and 2012. San Diego has a progressive mayor and majority on the City Council and we threw Brian Bilbray back into the Imperial Beach sewer from whence he came. Jay called it very wel when he described you all with this,"lame brained, Fox watching, koolaid drinking idiots". My guess from what you said, your God is Mark Levin.
Things I Learned December 02, 2012 at 05:51 AM
Liberals are very tolerant of people who agree with them.
Jay Berman December 02, 2012 at 06:03 PM
Woody, I ignore Mr. Paulson now .... Most of what he just said above is simply not true ... this shows how woefully uninformed he truly is .. both wars WERE approved by congress ... Iraq was even approved by the UN ... President Bush did seek approval of both houses of Congress on both Iraq and Afghanistan conflicts. President Obama did not seek approval of the Congress in the attacks on Libya. On October 10, 2002, the House of Representatives voted 296-133 to authorize President Bush to use force against Iraq. Later that evening, the Senate joined the House in supporting the measure by a vote of 77-23. In Afghanistan, "After September 11, the United States Congress passed the Authorization for Use of Military Force against Terrorists (AUMF). President George W. Bush and his cabinet invaded Afghanistan to root out the Taliban government, which ruled Afghanistan and permitted the Al Qaeda terrorist network to conduct terrorist training within the country's borders."
Jay Berman December 02, 2012 at 06:04 PM
President Obama did not seek approval of the Congress in striking Libya, and many leading Democrats said he was wrong: "A hard-core group of liberal House Democrats is questioning the constitutionality of U.S. missile strikes against Libya, with one lawmaker raising the prospect of impeachment during a Democratic Caucus conference call on Saturday.
Jay Berman December 02, 2012 at 06:08 PM
1/3/2007 - The house and senate became democrat controlled ... 15 months later the collapse happened ... you can lay that at the feet of Rep Barney Frank - Chmn House Finance and Sen Chris Dodd .. they threatened and forced Freddie and Fannie to make loans to those who don't qualify so everyone can own a home - community reinvestment act on steroids .. the Bush administration warned congress on 21 separate occasions on the impending train wreck ... http://www.youtube.com/watch?v=cMnSp4qEXNM Facts be damned ... progressives make up their own or get them from Media Matters or similar sites ...
Woody Kirkman December 04, 2012 at 07:35 AM
It is amazing how much hate, intolerance, and vitriol comes from the left, especially since they were able to hold on to the White House. I submit that my previous comments on the modus operandi of liberal progressives have been completely confirmed as an accurate assessment. Name calling, etc., is all they have. They aren't capable of anything else.
Woody Kirkman December 04, 2012 at 07:45 AM
Jay, your data is dead-on and indisputable. Frank and Dodd should both be charged and found guilty of treason, conspiracy, and criminal negligence, and stripped of all government perks and retirements.
Robert Paulson December 04, 2012 at 04:50 PM
There are over 600 RADICAL RIGHT WING CONSERVATIVE HATE RADIO stations that cover the entire country and broadcast their HATE twenty four hours a day, 365 days a year. Throw in Glenn Beck an his Blaze TV, Fox News, hate filled evangelical christians, the racists, homophobes and xenophobes (who are all either Republicans or Libertarians), The TEA Party filled with angry old people whose primary objective is to destroy President Obama and you message is exposed as an ignorance based poor joke. You best carefully remove your head from you a** and STFU. Don't forget this; http://youtu.be/xTuW-a_qFlA
Jay Berman December 04, 2012 at 04:56 PM
4 major TV network, NBC/ABC/CBS/PBS 2 cable outlets CNN/MSNBC, most newspapers are all very far to the left ... Fox News ratings beats them all by huge margins .. http://tvbythenumbers.zap2it.com/2012/12/04/cable-news-ratings-for-saturday-sunday-december-1-2-2012/160167/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Tvbythenumbers+%28TVbytheNumbers%29
Jay Berman December 04, 2012 at 05:08 PM
Progressives can't handle the truth ... ask one what they want for the country and you will rarely get an answer .. most are just full of misdirected rage ... they can't blame Bush anymore .. Obama is becoming a dictator so they are ready to explode with rage ... just look at some posts on this blog ... they blame everything on Fox News, Beck, whatever ... very sad ...
Gregory Brittain December 04, 2012 at 06:10 PM
For the Lefties Hate = conservatism, hate = disagreeing with Leftism. Lefties become so emotional because Leftism is their religion. It's like disagreeing with Islam to a radical Muslim. The secondary explanation is the Lefties live comfortably in their bubbles and because Leftism, socialism, liberalism, (or whatever ism of the left you want to call it) does not work, cannot work, will never work because it is contrary to human nature, they cannot defend Leftism with reason and facts, so they resort to name calling.
Kevin George December 04, 2012 at 06:26 PM
Robert, Libertarians are homophobic xenophobes? This gives me an idea of your political acumen. From the Official Libertarian Platform: Sexual orientation, preference, gender, or gender identity should have no impact on the government's treatment of individuals, such as in current marriage, child custody, adoption, immigration or military service laws. Government does not have the authority to define, license or restrict personal relationships. Consenting adults should be free to choose their own sexual practices and personal relationships. We support the removal of governmental impediments to free trade. Political freedom and escape from tyranny demand that individuals not be unreasonably constrained by government in the crossing of political boundaries. Economic freedom demands the unrestricted movement of human as well as financial capital across national borders. However, we support control over the entry into our country of foreign nationals who pose a credible threat to security, health or property.
Things I Learned December 04, 2012 at 06:48 PM
Beware the libertarians! They want to take over the government and make it leave you alone¡¡!¡
Gregory Brittain December 04, 2012 at 08:03 PM
Don’t say we didn’t warn you, #16 “It took the Internal Revenue Service (IRS) 159 pages to explain one new Obamacare tax on investments that will be used to pay for Obamacare.” http://www.breitbart.com/Big-Government/2012/12/04/IRS-Issues-159-Pages-Of-Obamacare-Rules
Robert Paulson December 04, 2012 at 09:26 PM
JAY - In addition to being intellectually challenged, you are math challenged. If Fox is right wing and all of the rest are left leaning (which isn't true, by the way, but when you are in the dark, as you are, any light at all is blinding so you see any one to your left as left leaning when they are actually pretty straight ahead) if you add the ratings numbers of all of the "left leaning" media, they far outnumber Fox. Also you must take into consideration that the idiots that watch Fox need to be told how to think while us on the left have the outstanding ability to figure out things for ourselves.
Robert Paulson December 04, 2012 at 09:29 PM
Kevin - you're reading something into what I said that isn't there. No surprise there. Your perspective has always been a little warped. No need to quote Libertarian platform to me, I know more about it then you do.
Robert Paulson December 04, 2012 at 09:34 PM
TIL - the total number of Libertarians is insignificant, that's why no one pays them any mind. In the 2012 election the Libertarias that voted for their candidate was less than 1% of the total votes. No one gives a shit what Libertarians think. The TEA Party is the Libertarian haven just as The TEA Party is a haven for the racists. I don't say the TEA Party is racist but the racists have found a home IN the TEA Party.
Robert Paulson December 04, 2012 at 09:48 PM
His data sucks. The housing bubble AND the economic meltdown was a function of the 50 year effort by Republicans to slowly chip away at and to finally get rid of Glass-Stegall. When that was finally accomplished in 1999 all of the regulations put in place to prevent another disaster, like the 1929 crash, were gone and the financial industry had free reign to do as they pleased and you know the result. Barney Frank, Freddie and Fannie were just the scape goats used by the radical right to cover their own tracks in the fiasco. One other little known fact about Gramm–Leach–Bliley is that it voided al of our usury laws. This opened the doors for the 30%+ intertest rates charged by credit cards companies and the 300%-400% rates and fees charged by the ubiquitous Pay Day Lenders whose primary raison d'être is to exploit the poor and lower class. These leeches on society's blood are almost exclusively owned by the big banks but their ownership and contro is carefully hidden through a maze of subsidiaries.
Robert Paulson December 04, 2012 at 09:50 PM
Woody - You're an ignorant ideologue. They guilty tyrants and war criminals are all on the right/
Kevin George December 04, 2012 at 10:31 PM
Robert, I'm trying to figure out what I read into: "the racists, homophobes and xenophobes (who are all either Republicans or Libertarians)" Seems like a very clear, bigoted statement to me.
Robert Paulson December 05, 2012 at 12:47 AM
Woody - You're an ignorant ideologue. They guilty tyrants and war criminals are ALL on the right. George Bush, Cheney, Rumsfeld et al.You saw your worst nightmare on November 6, 2012 and it's going to last for four more years so get used to it. You're just one more in a long line of hateful pigs that gather in groups and plot the overthrow of the government. Thank Buddha that Ramona is just an isolated pit stop on the way to or from someplace else more worthwhile.
Robert Paulson December 05, 2012 at 12:55 AM
Gregory - Does your ambulance chasing produce that much income? I don't have $90,000 in investment income so that doesn't bother me one bit. "According to the IRS, if a person makes $180,000 in wages and earns $90,000 from investment income for a modified adjusted gross income of $270,000, the 3.8% tax would apply to the $70,000 and the taxpayer would pay $2,660 in surtaxes."
Robert Paulson December 05, 2012 at 01:13 AM
Kevin -This is not the frist time you have had difficulty with the English language. To help you out the key words for clarity are "either" and "or". the racists, homophobes and xenophobes (who are all "either" Republicans "or" Libertarians) However I would not preclude the existence of a the odd Libertarian xenophobe or homophobe regardless of their platform. There are most certainly Libertarian racists and of course all three labels fit many Republicans. Is that clear enough for you. As for bigotry, pick your definition and we can discuss it. I will have no difficulty defending myself against your absurd charge. You know nothing about me. You might be surprised.
Jay Berman December 05, 2012 at 01:14 AM
The first sentence of most of Mr. Paulson's posts are an insult .... says a lot ...
Robert Paulson December 05, 2012 at 01:22 AM
Jay - If the shoe fits... Did you see that the Orangeman just distanced himself from the radical Conservatives. Boner sees the writing on the wall. http://www.huffingtonpost.com/2012/12/04/john-boehner-committees_n_2238062.html Conservatives are the TRUE ENEMIES of AMERICA.


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