Requesting Sanity Check on draft letter to the VA Secretary.

[Navyguy2013]

I am working on a letter/email to send to the VA secretary about my 700+ day NOD via a "de novo" review by a Decision Review Officer (DRO). Below is a draft of what I would like to send to him. I was hoping this group could give me a sanity check to make sure this will achieve the desired effect.(Speed up the process and get my claims approved at the appropriate %). Oh, and if you can't tell, I suck at writing and the proper use of the English language.

NOTE: I plan on sending this via email and registered mail, include in the registered mail I plan on sending in data that is not appearing in my VA records. I have sent this data in to the VA in the past, but the nurse who did my last C&P looked at the data I brought with me to the exam, and said that data was not in my VA records, and she told me to ensure it got into my records. I also plan on sending copies of this letter (Not the other data) to the people cc’ed at the end of this letter.

Does the below letter look good, any suggestions?

Should I include my full SSN and date of birth?

Should I include copies of supplemental VA Claim evidence previously sent to VA.  300 pages of data.

NOTE: If this letter looks good, and that is a big if, maybe others could use this as a template for their letters to the VA secretary.

03/11/2017

Dear Secretary Shulkin,

I write you today to bring attention to and to ask for assistance in resolving several VA disability claims I have submitted that have not been resolved in over 4 years (1460+ days).  As far as I know, the Baltimore MD VA regional office is who is handling my disability claims. I normally like to keep issues such as this at their lowest level. But keeping things at their lowest level does not seem to be working in this case. This is why I am contacting you. I was hoping you could provide some assistance in having my VA disability claims resolved in a timely manner. I assume 4+ years for a VA disability claim, and 700+ days on a NOD via a "de novo" review by a Decision Review Officer (DRO) is longer than the average time. 

On 02/28/2013 I retired from the USN after 24 years of active duty.  I filed my VA disability claims on 03/01/2013. The VA denied all of my VA disability claims on 03/19/2014. The denial letter I received from the VA explained the primary reason for the denial of my VA disability claims was because I failed to report to my VA examinations. I was NEVER informed of any examinations, so I could not show up to these examinations.

For months I tried to figure out what to do about my disability claims being denied. On 03/01/2015, I finally figured it out and I filed a NOD via a "de novo" review by a Decision Review Officer (DRO). According to eBenefits, my NOD has sat unchanged and idle for over 700+ days (last update 03/17/2015). I have called the VA’s 1800#; they are unable to provide any status updates to my NOD’s. I did receive notice of several C&P exams concerning these disability claims, and these C&P exams were conducted in JAN2017. I did go to all of these exams. I assumed having C&P exams scheduled meant my claims were progressing, but I cannot get confirmation on this from anyone. 700+ days seems to be a long time for this process.

My C&P exams were performed by LHI, not by the VA. I brought a binder with me to the C&P exams. I gave this binder to the Nurse performing the C&P exam just in case she wanted paper copies or needed additional data on my claims. This binder had a timeline and overlay of my VA disability claims, copies of pertinent files from my Service Medical Record, and pertinent medical records from civilian sources. Previous to these C&P exams, I had sent all of this data to the VA, both by FAX and by mail, and by certified mail. The data I sent to the VA contained supporting data of my disabilities since I had retired from active duty.

During the C&P exams, the LHI nurse asked me several times if all of the data in this binder had been sent to the VA. I told her yes. She told me that much of the data in my binder was not in the VA files and to ensure I re-send all of this data to the VA. She stressed it to me several times, it was important that all of the data in my binder was needed in my VA file for my disability claims. Again, much of the supplemental medical data I had sent to the VA over the years was NOT in the VA system.

The fact the Nurse told me much of the data I had sent to the VA, and the fact I cannot verify what the VA has in my data file worries me on how successful my disability claims will be. Apparently the VA does not have all of my supporting data, and my disability claims may be rejected without this supporting data being available in the claims decision process. I have sent this data in to the VA several times, but I have never been able to obtain verification if all of this data was received by the VA, or if this data ever made it into my C-file. And as my claims are in a NOD status, I cannot upload any data into these claims via eBenefits. 

Over the years, I have sent in several requests to obtain copies of my C-file. So far, I have received no reply of any kind on my requests for a copy of my C-file. End result, I cannot see what is, and what is not in my VA record concerning my disability claims. And my disability claims may be rejected, or degraded because the VA cannot see this data.

I also cannot seem to get a copy of my C&P exams performed by LHI. My C&P exams were completed on 01/06/2017 and 01/11/2017. I called the VA’s 1800# to verify the C&P exams were in the VA system, they said they were in the system. I sent several requests to the VA (VA Intake center, and Baltimore VA office) and to LHI requesting copies of these C&P exams on 01/17/2017. I received a reply from the VA on this request on 03/08/2017. The reply from the VA said to expect copies of my C&P exams anywhere from 09/28/2018 to 11/27/2019. I find it difficult to believe; that data that is currently in the VA system, but yet the estimated length of time for this data to be sent to me is 1.5 to 2.7 years from the date of request.

I appreciate any and all assistance you can provide with resolving my VA disability claims.

Sincerely,

NAME

SSN

ADDRESS

PHONE NUMBER

EMAIL

Enclosure: Copies of supplemental VA Claim evidence previously sent to VA.

 

cc:

david.j.shulkin@va.gov

President Donald J. Trump

House Committee on Veterans' Affairs, Chairman Phil Roe

Acting Under Secretary for Benefits, Thomas J. Murphy

[john999]

I often wonder what it will take to focus the minds of congress and the Prez.  on the plight of thousands of disabled vets?    Does it take 1000 more suicides?  I talk to my congresswoman and I might as well be talking to the wind.   One day some very disturbed vet is going to take an action that will shock the nation.  I hope it comes soon before I pass from this life.   It won't be me and I don't advocate it, but I expect it.   Some poor devil will make the sacrifice that will light up the nation's eyes to our situation where we have totally disabled vets waiting years for a decent rating decision.  It is not getting better. It is getting worse. I have my P&T, but it took 30 years to get it.   Maybe younger vets won't want to wait that long?  Really,  I have lost all trust in our government to do the right things.  The ones we vote into office just have no regard for us IMO.   It has to end!

[lamontino]

can yall tell me the email address for both acting under secretary thomas murphy and the secretary