Is Iris Considered "written Communication?"

[free_spirit_etc]

Are the IRIS inquiries "written communication" as far as informal claims?

When I applied for DIC - the form states that if you have an incapcitated child over the age of 18 - you need to file a separate application for them. That they need to apply in their own right.

When I filled out my application - I listed my son - but did not list his resources or income - as the directions said I would need to fill out a separate application for him.

I noted in the comments I did not include the info - as I would be sending in a separate claim for him.

I sent in an IRIS inquiry and asked if I was supposed to re-send evidence that had already been sent about my husband's illness / death - or if I could just refer to his claim file in my claim.

I also asked if when I apply for my son - if I will have to send everything we sent in MY claim - in his claim also.

Their response was:

"It isn't necessary to resubmit evidence that was previously submitted. That evidence was made part of the claim file and we will review all evidence of record when we make our deicision.

It is also unnecessary to file and additional claim for your son, xxx. We are trying to establish him as your dependent on your claim, but we need the information we requested in our recent letter. We need to establish that he became disabled, incapable of self support, prior to his eighteenth birthday.

If you have any additional information that you feel would be helpful to your claim, please submit that evidence.

We hope this information is helpful. Thank you for visiting our website."

So they are saying I do NOT need to send in a separate claim for my son. This would make a lot of sense - as then they just have to decide the SC issue ONCE - and could then decide whether my son is a dependent on MY claim - or is a claim in his own right.

However, if I do not send in a separate claim - I do not want to lose the right to do so - if I should have.

So if I sent in an inquiry - and they told me NOT to send in a separate claim for my son - have I at least filed an informal claim for him? In that - if they later try to say I SHOULD have sent it - the filind date is protected - as I have filed an "informal claim" - and if they do not send him his own claim form on the reciept of an informal claim on his behalf - the time frame is tolled?

Free

[Ricky]

I think the court would view as an informal claim.

[Berta]

Save a copy of the Iris response- it confirms that you do not need to make separate claim as to "helpless child" status of your child.

It is an unfortunate term VA uses but only so that the term covers the many unique situations that render a child unable to support themselves.

There are some Helpless child claims at the BVA-decided in 2007-

The VA should send a VCAA letter on this part of the claim as well as a VCAA letter on the DIC claim-if needed to establish entitlement.

This claim is one of many at the BVA showing how the VA determines "helpless" child for VA purposes:

http://www.va.gov/vetapp07/files1/0707632.txt

Just as regular claims for SC or a SC death require medical evidence- these claims do too.

It pays to read some of them at the BVA to see how different they are as to the child's circumstance and also to see how the VA applied the regs.

[free_spirit_etc]

Thanks Ricky and Berta!

Sometimes the more I research - the scarier it gets. It is almost like they are sitting their having you jump through hoops - just waiting for you to slip and make that one fatal flaw to you case.

I remember even reading a few cases at the Court of Veteran's Appeals - where the people had waited until the last minute to appeal - and their cases were thrown out because of postmarks.

One had send their claim by Federal Express. But since Congress said POSTMARK -- it wasn't POSTMARKED by the last day - it was Fedexed the last day.

And another case - the Postmark wasn't readable. The person had a proof of mailing from the post office. But Congress said POSTMARK - and since the postmark wasn't legible o the envelope the court got -- it didn't matter that the person had a proof of mailing. It needed to be a POSTMARK.

Literal. Literal. Literal.

I will have to work on the helpless child evidence I guess. I am hoping that they will consider Social Security's determination. They declared him disabled in 1993, at the age of 14. He has been on SSI since then.

He had always been "different" and had a variety of diagnosis from the school system. He was even in a special preschool - Early Childhood education - like a prekindergarten Special Ed.

He was in the hospital at 14 - and I finally read about Autism and Pervasive Developmental Disorder - and finally so many things he did made since.

He was given a diagnosis of Pervasive Development Disorder - and thay also said he had left temporal lobe brain damage (which effects impules control) that was consistent with a severe closed head injury (though I don't know how that would have occured.)

For quite some time he had just been seeing a general doctor for meds for anxiety and depression.

He has been re-evaluated by the Social Security Doctors a couple of times - and they give him a few tests - and then come out and tell me he will keep getting SSI.

But now my problem is - I got a letter from DFAS to get his doctor to sign a medical statement that just gives his diagnosis - when it started - if he is capable of self support.

The doctor just gave me a vague letter that stated his diagnosis and that he is under his care.

He wouldn't even put when he was declared disabled even though I gave him the statement from social security that GAVE THE DATE. He said -- well I don;t know when he became disabled for sure.

He seems to think they will accept his letter - but the Air Force said it HAS to be on the doctor's letter -- I can't submit the doctors letter AND the Social Security statement.

Why does this have to be such a damn problem for everyone!!!!

Anyway -- most of my records on him were destroyed when my basement flooded. I called the hospitals and schools - and they destroyed the records as they are over 10 years old.

So I don't have all the supporting documentation from back when he was 18 (he is 27 now) except that he was declared disabled by Social Security.

I am going to call a few places and see about getting some psych testing on him --

The Autism Spectrum disorders (Autism, PDD, Aspergers) are all childhood developmental disablities.

So I am hoping the diagnosis - the fact that he has been on SSI since 14 - will help establish the fact for the VA.

The general doctor did put that my son had PDD in his letter. But during my phone call - he said "I don't even know what PDD is."

ACK!!!!

I asked him to refer me to a doctor that WOULD fill out the paperwork the Department of Defense wants to enroll him in DEERS. But he seems to think that what he wrote is "just fine" even though he only answered one of the four questions they asked.

He did say if I had any problems to call him. But I told him I WAS calling him because I WAS having problems because the DOD had already TOLD me I needed ALL the questions answered.

But -oh well - he is a doctor. Why should he follow anyone's rules?

He said "I told them to call me if they have any quetions..."

GRRRR

They HAD FOUR Questions.

What is his diagnosis?

Is it permanent or temporary?

Is it congential? If not, at what age was it diagnosed?

Is the child capable of self support?

It shouldn't be all that difficult.

I have written to Social Security and see if they will send me a letter with his age, date declared disabled, diagnosis of record, and any reports from the doctor's evaluations.

I sure wish I would have got copies of all his medical records before the hospital and school destroyed them.

Because with PDD - unless the doctors know about it - the person can appear a lot more "normal" than they are. Like my son had a verbal IQ of 90 and a performance IQ of 70.

AT 14 years old - he had the rote memory of an 18 year old (repeating back numbers) -- He actually remembers people's phone numbers from YEARS ago. But he couldn't put a 7 piece puzzle together.

That is what is so odd about the Autism spectrum - they have a varying range of functioning.

My son is 27 going on 12.

A few years ago I was TRYING to get him to stop using a half of bottle of shampoo every time he took a bath. I got on him over and over.

For Christmas he got me SEVEN Bottles of shampoo!

The message HE got was "Mom sure does like shampoo. She thinks it is really valuable!"

So I quit fighting about the Shampoo.

He can read though. So maybe I could get him a job at the VA. B)

Free

Free

Save a copy of the Iris response- it confirms that you do not need to make separate claim as to "helpless child" status of your child.

It is an unfortunate term VA uses but only so that the term covers the many unique situations that render a child unable to support themselves.

There are some Helpless child claims at the BVA-decided in 2007-

The VA should send a VCAA letter on this part of the claim as well as a VCAA letter on the DIC claim-if needed to establish entitlement.

This claim is one of many at the BVA showing how the VA determines "helpless" child for VA purposes:

http://www.va.gov/vetapp07/files1/0707632.txt

Just as regular claims for SC or a SC death require medical evidence- these claims do too.

It pays to read some of them at the BVA to see how different they are as to the child's circumstance and also to see how the VA applied the regs.