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Ascomdepot68

Second Class Petty Officers
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Ascomdepot68 last won the day on November 18 2013

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About Ascomdepot68

  • Rank
    E-4 Petty Officer 3rd Class
  • Birthday 08/15/1946

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  • Interests
    Genealogy, locating persons, treasure hunting, roulette, pai gow poker

Previous Fields

  • Service Connected Disability
    10%
  1. 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.
  2. 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
  3. eBenefits appeals section back up

    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.
  4. 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..
  5. 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!
  6. 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
  7. Fax # 1-844-531-7818 Newnan GA
  8. 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..
  9. 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.
  10. 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."
  11. 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
  12. Email Not Being Received

    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?
  13. New Notice On Ebenefits

    I have 14 "claims" listed on eBenefits. As of 2 minutes ago they ALL have ? as office of jurisdiction.
  14. New Notice On Ebenefits

    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."
  15. Va Dental

    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.
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