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Ascomdepot68

Second Class Petty Officers
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Everything posted by Ascomdepot68

  1. On 8/29/2018 my appeal was reported to have 73,496 "ahead of you". On 8/30/2018 my claim was reported to be "before a VLJ". On 10/11/2018 a decision was made, 6 issues denied and 5 issues remanded to AMC/RO. On 10/11/2018 it was reported that there are 69,361 claims "ahead of you". I have no attorney nor VSO. I am not interested in the RAMP program. I have not requested advancement on the calendar nor am I eligible for such consideration. Does anyone have any thoughtful insight as to how and why I "jumped" the line in front of so many other veterans?
  2. To Berta It is my understanding the “hotline” became operational on daytime basis only on June 1. At that time it was my understanding, gleaned from blog postings, the news, etc that it may have been staffed by actual volunteers which included ex-servicemen and women, veteran wives, etc. On August 15 it became fully operational on a 24/7 basis. The second lady with whom I spoke told me they are all VA employees. I believe that the operation as it now exists is not what it started out to be. The reports that I now read speak of budgets, hiring, etc. Your opinion may be different, to that I cannot speak. The format has apparently changed, you apparently believe for the good, I believe not for the good of veterans. I have also written to the past administration, to Secretary Shulkin at his DC office, and to Secretary Shulkin care of his wife, to my Senators, to my Representatives, to the VA OIG, etc. etc. and after years of trying I have yet to receive the first document. I submitted VCAA requests on 10/9/2012, 10,29/2012, 2/20/2013, 7/26/2013, and 2/1/2014. Along with my latest claim filed on 2/8/2017 I combined all five previous requests, taking out some requests and putting in some others, resulting in a request of 155 documents in federal hands that I seek to prosecute my claim for compensation benefits. The five previous requests were submitted stand alone, the last as part of the 2/8/2017 claim package. I reasoned it would be harder for the VA to ignore the requests. I will not be able to scan all of the requests as you requested but I will type out two as examples below. #12 Copy of any and all unit roster(s) for 35th Ordnance Detachment (SAR), Ft. Benning GA for period 5/8/1969 to 2/26/1970. (Note; the unit was attached to HQ & Co A, 67th Maintenance BN, Ft. Benning GA.) Source: National Personnel Records Center, 9700 Page Blvd, St. Louis, MO 63132. For veteran use in development of evidence related to claim issues. (38 USC § 5103 A (a) and 38 USC § 5103 (c) (3) ) #89 Copy of ALL documentation/evidence of whatever name or description supplied or developed in furtherance of application for service connection for multiple myeloma by unknown named veteran C file # C 24 745 478 whom had presumptive service connection granted by Department of Veteran Affairs, Appeal Management Center, Washington DC by decision dated November 25, 2009. Such information to include ALL documentation/evidence submitted or developed from time of initial receipt of original claim and to include ALL subsequent collateral appeal(s) documentation submitted or developed. Redaction of solely personal identifiable information limited to name, address, date of birth, and or service number/social security number is permissible. Of particular interest is evidence supplied or developed that substantiated or verifies, the following . “A copy of the Unit history for the 335th Maintenance Battalion notes that herbicides, orange, blue, and monuron were used in Korea from 1962 to 1970 from the DMZ line to I Corp Headquarters and the 1st ROK Army. It is noted that the Maintenance units were located in Yongsan area, south of the Han River and north of Suwon, which is within the sprayed areas.” The veteran served according to the decision in Korea during 1966-1967. Also, of particular interest is, “Letter from the Department of the Army, Center for Unit records Research, dated July 23, 2008 notates and verifies that herbicides were used in Korea from 1962 to 1970 from the DMZ line to I Corps Headquarters and the 1st ROK Army and sprayed with hand sprayers and trailer mounted apparatus during the time period.” Note, this request also is for a copy of the remainder of the above decision letter. Source: Department of Veteran Affairs, Appeals Management Center, 1722 Eye St NW, Washington DC 20421. For use in development of evidence related to claim issues. (38 USC § 5103 A (a) (3) and 38 USC § 5103 A (c) (3). Also see VAOGCPREC 5- 2014 (1/5/17) REVISED (8/12/14) Duty to Assist in Seeking Records pertaining to an individual other than the Claimant. Note “unknown” veteran relates to someone other than myself, don't want any confusion this time! On July 9, 2015 I sent an email to Ms. Allison Hickey in DC relating the problems I was having in obtaining the requested records. On 8/13/2015 I was contacted by a J.... S..... , a DRO with the Atlanta VARO at the direction of Ms. Hickey. After providing all requested information and a flurry of emails I was denied the records. It is my position that any decision by the Department of Veteran Affairs is appeal able. The following is what I consider a denial of the requested records: by email dated 8/17/2015) “At this time, we are not able to fulfill your request for the specific documents that you desire. After reviewing the extensive list of documents that you have requested, the documents can be described as documents that are (1) not in VA's possession and/or that (2) VA is under no obligation to provide under the VCAA or any other guidance.” written by J.S. a DRO with the Atlanta VARO at the direction or at least acquiescence of Allison Hickey. Your interpretation of the VCAA is certainly different from mine. All 155 of the documents requested are in federal hands. I provide below pertinent portions of 38 USC § 5103 that I believe support my position. § 5103A. Duty to assist claimants ‘‘(a) DUTY TO ASSIST.—(1) The Secretary shall make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant’s claim for a benefit under a law administered by the Secretary. ‘‘(2) The Secretary is not required to provide assistance to a claimant under this section if no reasonable possibility exists that such assistance would aid in substantiating the claim. ‘‘ (b) ASSISTANCE IN OBTAINING RECORDS.—(1) As part of the assistance provided under subsection (a), the Secretary shall make reasonable efforts to obtain relevant records (including private records) that the claimant adequately identifies to the Secretary and authorizes the Secretary to obtain. ‘‘ ‘‘(3) Whenever the Secretary attempts to obtain records from a Federal department or agency under this subsection or subsection (c), the efforts to obtain those records shall continue until the records are obtained unless it is reasonably certain that such records do not exist or that further efforts to obtain those records would be futile. ‘‘ (c) OBTAINING RECORDS FOR COMPENSATION CLAIMS.—‘‘(3) Any other relevant records held by any Federal department or agency that the claimant adequately identifies and authorizes the Secretary to obtain. ‘‘ My purpose was to raise awareness of fellow vets in posting the information. The “White House” line may have helped some people, all I know is it did not help me.
  3. Take this for what it is worth to you and do your own investigating.The “White House Veterans Complaint Line” at 1-855-948-2311 is staffed and run by VA employees who are paid by the VA and the complaints that you submit do not go to the White House in any form but right back to the very people that you complain about! I have had two conversations with them, one on the 8/15/2017 and one earlier today 8/18/2017. I do not (knowingly) speak to the VBA either over the phone or in person due to past experiences with them. Half way through the second conversation it came out that they are all VA employees. The person I spoke with said that they are (in her estimation) “volunteers” since it is additional work that they can take or leave at will. The first post I saw concerning the line gave the impression that it was to be an independent autonomous organization that was responsible to the White House. The staffing was to be veterans, the wives of veterans, etc.Neither of these two descriptions could be farther from the truth. My complaint was concerning the VA's refusal to provide documents under the VCAA for up to 5 years, refusal to accept or even post a NOD received 11/5/2015 as a first step in an appeal on that refusal, and holding up processing Medical Expense Reports 21P-8416 for 2016 because I appealed the 2015 claim decision.. In the end they lied to me and were deceitful and only sought to get me off the phone with hope giving misinformation. They reported that I had been “rated” on 8/14/2017 when in fact my most recent claim issues had been denied across the board. The is no “oversight” and as far as I can see no connection with the White House except in name only! I am posting this to all blogs that I belong to or can join and I am writing an actual letter to the actual White House. Didn't work for the previous administration and have little hope now that it will under the present but I will not be ignored nor silenced
  4. Thanks for the responses. Later today I will try them out. Long as I dont have to spend any more money I'm good.
  5. Greetings I have an occasional need/desire to print information from eBenefits for my records. When I try to print in the conventional way, what I get is very different and only part of what is on the screen. Cutting and pasting does not work.. "Saving page as" does not work either. I checked the previous posts and found nothing on this subject. Anybody have any ideas that you have used or tried and that work? I'm not on here as much as I used to be (lurking) but I will check back ever couple of days Thanks I'm using Windows 7 and Google chrome.
  6. Checked yesterday and the eBenefits "appeals" section which has been down for some time is back up. I do not see any enhancements that were promised. One thing I do see is that the date a claim was received is now gone, the decision is the date first shown. In some of my own appeals the dates on that are wrong. I also note the status on things are late in updates. Recently I requested that three individual claims (reimbursement for medical expenses) be dropped, the claims are still up. Sorry if news of the site being back up as to appeals has been published somewhere else, didn't see it though.
  7. Buck 52 I thought they were still in the "comments" portion before changing it officially in regulations? Also I did not notice what agency (?) made up the provider's list. If it was the VA, then they would not ok private treatment at 26 miles and as that is under 40 miles they would not pay anyway. I live about 35-40 miles east of Atlanta. Logically there should be a larger list of providers west of me rather than east. I'm just saying that near is probably best in an emergency but I would rather, given the choice, go to a provider who was more capable even if it meant traveling a little farther. I'm pretty ok with Atlanta VAMC and Lawrenceville CBOC. I did have a problem early last month where I went to a private doctor who would see me in 2 hours and was only 5 miles from me. It was not an emergency in the sense of heart attack or broken bone, etc. but the pollen count here was 6250 and it got to me, could hardly breath. Since I am on a wartime old age pension I have to wait until the end of the year to apply for mileage and reimbursement of medical expenses. Have to wait to see if I get my $153 back..
  8. I just checked for the nearest cardiologist, which would I guess me my main concern. According to the list it shows the nearest is a lady in Athens GA and claims it is 26 miles away. Checking address to address on mapquest it shows the distance to be 32.85, 36.15, or 43.22 miles depending on what highway. I guess they are still doing as the crow flies, Did not check long/lat to long/lat. The Atlanta VAMC is 32 miles from me and the Lawrencville CBOC is 16 or 17.5 miles depending on which you go to the old or the new. I think the next one after the lady or it could have been the third was in South Carolina. Of course the program is new, just waiting for physicians to sign up, until they have to go through the VA hoops!
  9. Finally got a copy of VA form 24-0313, attached below. To me it is not a form in the sense something must be filled out, more of a notice, but as we all know the VA has it's own way. At first they sent me a url for an internal network that I could not access. Kept asking. No matter they did not enclose the three enclosures, but two of them related to direct deposit, something I've given them info years ago and to which they have made deposits since Sept 2012. Also, was delayed by 10 days (?) posting this. Apparently Google Chrome has a problem letting me attach a file to this forum. So went back to IE and tried that finally. Hope it works, at least I am not getting the "server delivered internal error" message. Still have no idea why this "form" is not listed with the others at the VA site or when you do a search on internet?? 24-0313.pdf
  10. Greetings to all. Received VA decision letter dated 2/3/2015 to a Medical Expense Report claim for reimbursement of medical expenses. I am receiving old age wartime pension in lieu of SC% as it is larger of the 2. Will be appealing the award. Under enclosures on line 27 of page 4 is states: Encl: 4107, 21-8768 (1), 24-0313 (1). There were no enclosures, only a 4 page decision. I have "googled" the first two forms and found them. Went over the list of 516 VA forms shown on VA site, nothing. I think it is some sort of financial form since I found at least one financial related form with the leading 24- but not sure Anyone know what the form is and where I might view a copy?? Thanks..
  11. All I know is that I emailed McDonald on 10/15/2014 after it was pointed out that someone might get back to me. Still waiting. Guess it doesn't always work.
  12. The following was tacked onto an email response to 3 iris inquiries I received from the VA about an hour ago. "Where to Send Documentation In order to improve claim processing timeliness, Veterans Benefits Administration has begun deployment of Centralized Mail Processing (CMP) for compensation claims and claim related documents. If you have additional evidence to submit to support your claim, please mail or fax your evidence to the applicable CMP location below. Please be sure to put your name and claim number or social security number on every page of documentation you mail or fax to VA and keep a copy of everything for your records. By fax: (ten pages or less) Toll Free: (844) 822-5246 Local: (608) 373-6690 Please note: packages containing more than ten pages of documents must be submitted by mail. When submitting all claims: U.S. Department of Veterans Affairs Claims Intake Center PO Box 5235 Janesville, WI 53547 When submitting evidence or anything other than a claim: U.S. Department of Veterans Affairs Evidence Intake Center PO Box 4444 Janesville, WI 53547 Please note: You may also submit claims and upload documents or evidence online at: www.ebenefits.va.gov."
  13. According to a letter I received today: "As of March 3, 2014 future request with some exceptions for FOIA/PA actions received at the Atlanta Regional Office AFTER March 3, 2014 are forwarded to ST. Louis Records Management Center for scanning and processing on disc.You will be notified by that office to your request if your request is in this category." Exact spelling and grammar of letter. Apparently applies to all RO's. I had a hint this was what they were doing since May 2014 when my Congressman's aide was told by the Congressional liaison at the Atlanta RO "we don't do that here anymore" and a C file disc was sent from RMC at St Louis. I am not sure if the actual documents are mailed to RMC from the RO for putting on disc or if the documents are copied from electronic records at RMC. I do know that that they still managed to lose 65 documents and there are still several other Veteran's documents co mingled with my records on the disc. More efficient? Who knows. More likely to take more time and involve more handling which increases errors? Yes. I do know that only letter and legal sized documents were on records received. Crucial maps sized 2'X3' and 2'X2' were missing. Also another FOIA/PA "claim" popped up on eBenefits for me today. And low and behold this time they did list an expected date of completion as 120-187 days out. FOIA supposed to be done in no longer than 30 days! No real time limit on PA items. I have an idea though that this might be a VCAA matter. The VA is placing some requests of assorted types under the "FOIA/PA" as they say they don't have a "button" for everything so they just use that. Another thing I have to discuss with Secretary McDonald
  14. All I know is that the "iris" system has a message on it that says it does not accept attachments. Maybe similar where you sent your request. They are always changing things and mostly to the detriment of the Veteran. Of course you said you had successfully sent attachments before. Maybe "irs" them and ask if the particular program will accept attachments?
  15. I have 14 "claims" listed on eBenefits. As of 2 minutes ago they ALL have ? as office of jurisdiction.
  16. First time I saw the following on eBenefits this morning. Opening a new can of worms! "If a new claim is submitted while an existing claim is pending, any new information will be consolidated with the pending claim. The new claim will then be marked as Complete and moved to Historical Claims with no further action required."
  17. For what it is worth the VA has job announcements out for hiring dental hygienists. Whether they have them at your particular VA facility is something else. Maybe call what facility is nearest (like a VAMC or VA Hospital, not a CBOC) and ask them? Good luck.
  18. Got this off the net. Reading the entire entry this injury must be caused by "enemy action" ie you don't get one if our own ammo dump blew up of its own accord. PTSD is specifically excluded from being an injury for award of PH. Hope that helps. (4) Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: (a) Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action. (b) Injury caused by enemy placed mine or trap. © Injury caused by enemy released chemical, biological or nuclear agent. (d) Injury caused by vehicle or aircraft accident resulting from enemy fire. (e) Concussion injuries caused as a result of enemy generated explosions. Added link later:The text has been cut and pasted for ease of reading & applicability. To see the text in full from AR 600-8-22, 25 February 1995 and Public Law 104-106 - Feb. 10, 1996 visit http://www.usmcvta.org/pheart/phcriteria.htm
  19. To Berta and everyone else below is a link (as of 9/2013) to all FOIA officers (and usually dual hatted as Privacy Act Officers), hope cut and past works for links(?): http://www.foia.va.gov/docs/VBA-FOIA-Officers-Sept2013.pdf To Tired Coastie: I have approached several senators and representatives on the matter. Currently I have a lame duck representative aide you at least is trying to help. To Wayne TX; OK if you are at 30% you are getting $400, single without any dependents from the VA . Since you are 65 you can draw or are drawing social security. Just about everything counts as income. I am on a wartime pension draw $190 a month versus $130 for the 10%. Any other SC award and the pension goes away and I just draw the % as then the % will be the larger amount. You get one of the other, not both. Yes, if you are over 65 you are automatically considered by the VA to be disabled I forget what the maximum income is right now ( I think its around $1,105 per month) but you can get a deduction from income of medical/dental expenses for you and any minor dependents or maybe parents if dependent on you. .
  20. Thanks to those who have responded. To Philip Rogers - "that if it wouldn't materially change the decision then it doesn't matter." Well 170 of the 174 mainly have to do with AO and 6 issues, all were denied. The 4 remaining are medical audiology related test results from the furnishing Army hospitals, none are in STRs. I think it would materially change the decision from denial to granting SC on the hearing loss. To Berta- I am painfully aware of the FOIA been using it since December 1967 while I was still in the service, the Privacy Act since early 1977. I am also aware of the costs and shortcomings of the law. Amendments have helped but more is needed. I am on a fixed income. Money means something to me more than most, but on the other hand I am "richer" than some I guess. I made the requests under the VCAA due to the following #1 It is supposedly the duty of the VA to assist me in proving my claim. IT"S THEIR JOB. At the same time I acknowledge that I am my best advocate and it is ultimately in my best interest to gather the needed evidence. #2 Knowing I am dealing with the VA, I felt it best to have the documents be provided directly to them from the source that way they could not claim I have fabricated any evidence. #3 Cost is a factor as stated above. Just to mail all the requests to different federal agencies by certified mail would cost a small fortune. #4 Cost is a factor as stated above. The VCAA places the cost (searching, reviewing, copying, declassifying, postage, etc) on the responding agency, the FOIA and PA places the cost or at least the chance of costs (perhaps considerable) on the requester #5 To the question of whether or not I have tried to acquire the documents using the FOIA, in some cases the answer is "yes". I could give many examples but suffice it to say that many had "problems" #6 Depending on what it is I promise to pay from $25.00 to $500.00. True most times there is a minimal charge. I don't mind paying for what I need, just hate promising to pay for whatever they want to throw my way without knowing what it is. I presently have posted a $25,000 reward posted online for documentation but that is contingent on the VA accepting it as evidence and being paid retro. #7 The FOIA covers and is limited to federal agencies in the executive branch. The VCAA simply states "federal agencies". Although admittedly it might meet with some resistance it can be argued that the VCAA also includes ALL federal agencies such as the White House, the legislature, the courts, etc-there is a basic difference. Other thoughts will probably be remembered later but that is all I can think of now. Unfortunately I didn't get any "hope" here in the way of a different recourse. After considerable thought I have come up with a plan. Will keep you posted. Thanks.
  21. Currently I have five (5) outstanding requests made under the Veterans Claim Assistance Act which total 174 "records" in the hands of Federal agencies. The oldest 2 were made in October 2012 and the youngest will be 1 year old on 7/26/2014. Have not received one document requested. From recent copy of C file I can locate no requests made by VA to anyone for these records although the actual VCAA requests are in the C file. On 7/17/2014 the VA denied SC for 4 issues that had been deferred since 9/2012. To me this is a gross violation, denying before producing the requested records. I have read the actual "law" that was passed by Congress. There is no penalty mentioned for not complying. What recourse does one have??
  22. Greetings I am in Loganville GA. Sorry to say that I have never heard of a VA facility in Newnan, GA. The Atlanta VBA is on Clairmont Rd in Decatur GA. I do not think (could be wrong) that they have any satellite offices working on VA claims in Newnan. Before I moved to GA 3 years ago I was in Orlando and also "served" by St Pete. As to your green receipts, the VA use what is known as "firmbooks" where all the certified mail is listed and is signed for with one signature. Then they are supposed to tear off the green card and send it back to you, but sometimes they don't. Go to the USPS site on the internet and input your certified mail #s into tracking. Print those documents off and then take them to the post office and tell them you want to know who signed for the mail as you never got the receipt cards back. Done it several times for a myriad of VA offices. Wish I could have been more supportive.
  23. Just bumped reward up to $25,000.
  24. To 63sierra Reportedly soil samples were taken in 8/2012 by a Korean activist group that showed traces of dioxin and TCCD "in the environs" around Camp Market, which is the Korean way of saying around the perimeter. ASCOM Depot was turned over to the ROK in 9/1972 and sometime (?) after a lot of apartments were built on what were depot grounds. There are also 2 schools and some parks on the grounds now. By the SOFA agreement made in 1992 the US is "not responsible" for environmental problems prior to date of signing. Apparently the US feeling is since the land and buildings were returned "free of charge" that should compensate anyone for damages. I'm looking for something from US sources that will be very hard to dismiss.
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