Electronic Claims And Facsimile Documents As Evidence

[Guest allan]

DATE: 08-15-91

CITATION: VAOPGCPREC 65-91

Vet. Aff.Op. Gen. Couns. Adv. 17-91

Vet. Aff. Op. Gen. Couns. Prec. 65-91

TEXT:

Electronic Claims and Facsimile Documents as Evidence

Electronic_VA_Claims_and_Facsimile_Documents_as_Evidence.rtf

[LarryJ]

Yada, Yada.

What is the big deal with the VA and whether or not they can "legally" accept a FAXed document in the process of developing a claim?

Now, do not misunderstand me, I am not fussin at you for posting this. It is very interesting, albeit they do appear a bit long-winded. But, what I find so silly in the whole lengthy discourse is this:

Is there anyone out there in "geek-land" that filed their ORIGINAL VA claim the same way I did? By sitting down at the computer and filling out the on-line VA claim form? What is the difference in doing that, and sending a FAX, let's say of a Marriage License, to the VA to prove that me and the little lady are legally co-habitatin?

We have had computers in our homes and workplaces for how long? I know that I have had one here at the LarryJ Ranch for at least 20 years.

When are we going to quit thinking that the "electronic" "paperless" way of doing bidness is any less viable than the Old Way?

I will know that we have FINALLY "entered the Computer Age" when EVERYBODY finally accepts the personal computer in the same way as we oldsters had accepted the Smith-Corona typewriter BEFORE the advent of the personal computer. I can't ever remember anyone debating the legality of something put upon paper by using the typewriter..............

[Stretch]

If you send original documents they could get lost. The argument here seems to be that a fax is not the original document, because it is reprinted on paper that is not the original, in 1991. The paper reduction act has had some impact on the issue, and so does the US Male.

The VA, has form generated copies of denials according to Vike, does this mean that because these forms are not on original paper, that they are invalid? In fact, the Veterans Service Center Mangers signature is always a rubber stamp. Does this invalidate all denials, CVAA letters, and BVA decisions, which are copies? I don't think so.

I will just have to see how it goes.

Thanks Allan.

[Vike17]

Stretch,

I don't know what you mean by "The VA, has form generated copies of denials according to Vike, does this mean that because these forms are not on original paper, that they are invalid." Could you please elaborate.

"§3.217 Submission of statements or information affecting entitlement to benefits.

(a) For purposes of this part, unless specifically provided otherwise, the submission of information or a statement that affects entitlement to benefits by e-mail, facsimile, or other written electronic means, will satisfy a requirement or authorization that the statement or information be submitted in writing.

Note to paragraph (a): Section 3.217(a) merely concerns the submission of information or a statement in writing. Other requirements specified in this part, such as a requirement to use a specific form, to provide specific information, to provide a signature, or to provide a certified statement, must still be met.

(:P For purposes of this part, unless specifically provided otherwise, VA may take action affecting entitlement to benefits based on oral or written information or statements provided to VA by a beneficiary or his or her fiduciary. However, VA may not take action based on oral information or statements unless the VA employee receiving the information meets the following conditions:

(1) During the conversation in which the information or statement is provided, the VA employee:

(i) Identifies himself or herself as a VA employee who is authorized to receive the information or statement (these are VA employees authorized to take actions under §§2.3 or 3.100 of this chapter);

(ii) Verifies the identity of the provider as either the beneficiary or his or her fiduciary by obtaining specific information about the beneficiary that can be verified from the beneficiary's VA records, such as Social Security number, date of birth, branch of military service, dates of military service, or other information; and

(iii) Informs the provider that the information or statement will be used for the purpose of calculating benefit amounts; and

(2) During or following the conversation in which the information or statement is provided, the VA employee documents in the beneficiary's VA records the specific information or statement provided, the date such information or statement was provided, the identity of the provider, the steps taken to verify the identity of the provider as being either the beneficiary or his or her fiduciary, and that he or she informed the provider that the information would be used for the purpose of calculating benefit amounts. (Authority: 38 U.S.C. 501, 1115, 1506, 5104.)

[66 FR 56614, Nov. 9, 2001]"

Vike 17

[Stretch]

I mentioned that some of my claims decisions were on blue paper, in another post, and that other decisions were on white paper. It just happened that Toxic Chemical Claims decisions, of mine, were on blue paper, and all of the rest, of my claims denials, were on white paper.

You had remarked, in that post, that all the claims are originally all on blue paper. My point is that denials sent to the Veteran, are on white paper. My BVA claims remands, were on white paper also. I haven't had a VSO in two years, and these decisions came direct to me.

If any claims decisions from the VA, are not on blue paper and have a rubber stamped signature why should these statements or decisions be valid?

Does the CAVC accept faxes presented to the VA, as legal evidence, or are there other requirements for the CAVC concerning copies or faxes?

[Vike17]

Stretch,

I said all 'file copies' are on printed on blue paper. All other copies are printed on white paper. Sometimes the VA releases the file copy and sometimes they'll release the white copy. Those rating decisions are not poto copied unless you request a copy of yor C-file.

When you said that the "The VA, has form generated copies of denials," I understand that as denials already made up in gereral terms that are routinally distributed to veterans, and this isn't true. All denials are specific to each veteran's claim. They aren't 'form generated.' A form generated document from VA would probably be those VA Form 20-8992's that veterans receive that state the VA is working on their claim ect...

Vike 17

[Stretch]

I did not mean (Standard) form generated copies. I meant electronically generated copies. Copies and Faxes are the same thing and are both electronic duplicates. I also know that there are Standard forms like the three page VSO.. can do for you... where they are located. I always sent the Standard stuff back with my requested reply. If you send redundant standard forms back, they don't know what to do with them.

What I was trying to get across is that in 1991, the paper reduction act was not the standard, but today paper reduction, with computers, is the standard.

In 1991 there was quite a bit of VA discussion about electronic submitted information from Veterans. Today almost all of VA paperwork is electronic duplication through computers, and soon this information will be on-line.

With this in mind the VA and the Veteran will benefit. The US Mail will suffer.

Thank you, Vike.