free_spirit_etc

I would ask to have it changed. You might want to put in a written request asking that the information be changed. You might even want to acknowledge that they told you it was just a formality and it could be left as is, but that you would prefer that records a government agency has about you be accurate. That doesn't necessarily mean they will change it. But it does mean you have a paper trail if that comes back to bite you. Does the letter say anything about appealing - or a "you have 10 days to request corrections" - or anything like that on it?

Congratulations on the award! And congratulations for hanging in there!

Currently, there is a glitch in the IRIS system for dependents. When you click you are not the veteran, and enter the vet's information - it tells you that it is a duplicate SS number. They are working on the problem. My IRIS to the tech guys: "I am having trouble using your site, though I have used it for several years with no problems. Now - when I tried to check on the status of the claim - I enter my information - I click that I am not the veteran (I am a widow) - and then enter my husband's information as the veteran -and I keep getting an error message that the SSN number is a duplicate for another user. I have never received this error message before." Their response: "We've apprised the IRIS administrators of this problem. There was some new programming recently, and we're not sure how long it will take to get the entire problem solved. In the meantime, you can simply check that you ARE the veteran. The first question is now supposed to identify a person as being a veteran OR a beneficiary (such as a widow), but the language wasn't corrected for the user's interface. If you prefer, you can send your question to us, and we'll forward it to the right person. Sorry for the Confusion VBA Web Services Team"

Thanks to both of you. This is some good information. I hadn't considered a supplement before. :)

Berta, Thanks. I don't have any time frame to respond to their last letter. I already have all my appeals in. The last letter was the medical opinion I have been trying to get a copy of for a couple years. When I emailed the Survivor Unit that you gave me the info for, they forwarded the request and I got it in two days. Amazing.

Congrats! :)

My husband's claim for lung cancer is on the basis that his lung cancer began while he was in the service. He had a 3.1 cm tumor of slow growing cancer removed 2 years after his retirement. He also claimed - as a secondary basis - that his exposure to asbestos - working as an electrician for 13 years (before safety equipment was used) contributed to the development of his cancer. Though he was not able to get an actual written opinion from his base doctors (they said the attorneys won't let them write them) - he does have documentation within his post service medical records indicating probable exposure to asbestos - and the relative risk - and indicating the typical growth rate for his type of cancer - and the time it would take to grow to the size of my husband's. Though these doctor's notes would most likely not stand alone (against written opinions of the VA doctors), they should add support to an IMO. The VA initially acknowledged my husband's claim was that his cancer STARTED in the service. There are MANY BVA cases awarded for post service diagnosis of cancer on the theory that the cancer could not grown to the extent it did without starting in service. So this is not a "new" idea to the VA. But the VA then obtained a medical opinion (without having him see the doctor) on the asbestos exposure alone. The doctor opined that asbestos could not have played a role in the development of my husband's cancer because the doctor stated there was no evidence my husband was exposed to asbestos. (The doctor indicated that he was an electrician but pointed out he wasn't part of any medical surveillance programs. Those programs were not even implemented until my husband no longer worked as an electrician.)**I will add that the doctor wrote it on a C&P form - so it looks like a C&P - but he never saw my husband. It was an opinion; not a C&P exam. My husband once again stressed his major claim was that his cancer STARTED in service. The VA acknowledged this. My DIC claim stressed this again. And the VA once again acknowledged it. However, I just received a copy of the medical opinion they obtained (which was used to deny my DIC claim) and it only addresses whether his SYMPTOMS in service were connected to the cancer. Once again, they ignored the major point of when the cancer most likely started. The medical opinion is rather brief and handwritten on a Report of Contact form. "This veteran retired from service 9-30-1998. Therefore, his presumptive terminated 9-30-1999. I have reviewed the SMR related to treatment for respiratory problems. The symptoms and treatments suggest manifestations of viral respiratory tract illness. None of the episodes can be reasonably linked to an early manifestation of lung cancer. (over) After review of the c-file it is my opinion the veteran’s signs and symptoms listed in his SMR are less likely than not early manifestation of the adenocarcinoma of lung first diagnosed in September 2000." XXXXXXX 10/19/07 My question is as the VA has already obtained two medical opinions on the claim, and ignored the major premise altogether, if I obtain an IMO that indicates it is more likely than not that his cancer started in the service - is the VA then allowed to obtain a third medical opinion from one of their providers - or would that be considered a "fishing expedition?" I also looked up the name of the doctor who issued the last opinion - and the doctor is a thoracic surgeon. It seemed kind of odd that they would have a surgeon addressing early symptoms of cancer. (However, I would think a thoracic surgeon would know fairly well that type of cancer would not have grown to 3.1 cm in two years. - but he didn't say it did not - he just didn't bother to mention it.) Lung cancer, by the way, most often has NO symptoms until the late stages. The doctor didn't even bother to mention that. He merely indicated that the symptoms my husband had were most likely not an early manifestation of lung cancer. And really - if I turned in an IMO of the same quality as the VA opinion - the VA would give it no weight at all. So again - that is my question - can they just keep on cranking out the shoddy medical opinions to deny the claim, and then when I submit an IMO, decide to get a "better" medical opinion to counter with? Thanks! Free

Yes. It is part of the Wounded Warriors Program http://www.socialsecurity.gov/woundedwarriors/ Free

Berta, I emailed the Office of Survivor's Assistance to request assistance in obtaining the medical opinion that was used to deny my claim. This is the same medical opinion that I have tried to get off and on for 2 years. I only got the first page with the C-file. I sent an IRIS asking for the remainder of the report. They wanted the date of the report, name of doctor etc. - which I didn't have because it was on the portion of the report I didn't get. Then they asked for a copy of the portion I had to help them look for it. (How hard is it to find the medical report they obtained and used to deny the claim?) Anyway, I sent a copy by certified mail. They said they didn't receive it. Run around. Run around. Run around. Anyway - I emailed the Office of Survivor's Assistance and asked if they could assist me in getting the VA to act on the Privacy Act Request, as I had been unsuccessful in getting the report myself. They emailed back and said they can't help with such matters, but if I would send them the case number and the RO I was dealing with, they would forward my request to the Consumer Affairs Liaison for assistance. I emailed the info to them on Jan 19. The RO acted on the request TWO DAYS later (January 21). Sent by Priority Mail - and I got it today. :D Wow! After two years they moved fast!!! Thanks for the info!!! Free

Nidra, Both my son and I had to have an ALJ Hearing. It was a long fight, and some games were played along the way. But the ALJ was very nice - and even told us that he wasn't there to talk about how SSA had messed up or how many times they messed up - but he was there to put an end to it. So he was kind of our hero. :D Hopefully, it won't take you quite so long. We did not have an attorney. Not even for the Hearing. It is hard to find attorneys that handle survivor claims. Have you looked at the Social Security Listing of Impairments and seen how well yours fit into their boxes? http://www.socialsecurity.gov/disability/p...ultListings.htm I think the better you fit into their boxes, the more chance you have of success at the initial levels. Do you have an attorney? Or you going to wait until after your Reconsideration to see if you need one?

Nidra, I am not on disability. I will receive Survivor Benefits from my husband. THAT did NOT go smoothly. But my son's application (in 1993) and my husband's application (in 2006) went fairly smoothly. Are you considering applying for SSD for you diabetes, or that and a combination of other things? Are you looking into applying for it now? Or just getting information to know more what to do in the future? Free

Is this the same shoulder injury you just got the increased rating on? Free

I don't think the IRS just sucks money out of someone's bank account as a general rule. They usually try to collect from the person first. Granted, they CAN put a levy on an bank account easier than an ordinary person can - but I don't think it is their practice to take money from your bank without notifying you that you owed them - and giving you a chance to pay or dispute the debt. I think the VA's ability to take money from your account stems from the Direct Deposit authorization with that bank. This site has some information on Federal Tax Levies http://law.freeadvice.com/tax_law/income_t...-tax-levies.htm It indicates that the IRS has to give you at least a 30 day notice that it intends to issue a Levy, give you the opportunity to respond, etc. before they can levy your bank account. And even when they issue the levy, you have some rights to object, pay the funds, make an installment agreement, etc. before they actually take the funds. I do not think the fact that VA checks are issued by the Department of the Treasury gives the VA ANY authority to just take money they THINK you might owe from any bank account you own without certain types of due process. Granted, the due process might be different than it is for money owed to a non-governmental agency or person. And they might not have to sue you in court - but I think they would have to notify you, prove you owed the money, and give you certain types of due process before they could levy an account at a bank they have no Direct Deposit authorization form for. Free

I think the other account issue was actually the result of 2 separate agreements. One agreement is the agreement with the VA that they have the right to reclaim money they have deposited into your account from your account without having to go through all the steps to show you owe the money and do a levy first. At the end of the day (which with the VA can take a long time) whether you owe the money or not will be FINALLY decided - and whomever the rightful owner is should eventually end up with it. The issue becomes who gets to keep the money while the issue is being decided. With Direct Deposit - the VA can take the money from your account - and they get to keep it while it is being decided. The other agreement is apparently an agreement that you have with the bank that if there is not money in one of your accounts to cover a reclamation or levy, they can take it from another account you have with them. Hmmmm - I guess there was a third agreement - in that as a joint owner of the account that had the agreement with the VA - I was "responsible" for any funds the VA wanted back - though I actually had no agreement with the VA (I did not sign the Direct Deposit form). I think in most cases, the VA puts a freeze on the funds a bit quicker than they did in my case. In my case, it took several months - and I had already closed the joint checking account by that time. A possible alternative is to have an account at a different bank to use for living expenses. As soon as the VA deposits the money into the account at one bank - move it to your living expenses account at the OTHER bank. The VA shouldn't have the authority to take the money (or even freeze it) at the OTHER bank - UNTIL they take the steps of determining if you actually owe the money, giving you a chance to dispute that you owe the money, giving you a chance to pay the money if you do owe it, etc. If you DO owe the money - you will have to repay it. But the issue is who gets to hold onto the money while the issue is being decided. I would venture to guess that if YOU are the one holding onto the money - it will NOT take the VA two years to address the issue. If THEY are holding the money, they don't seem to get into any hurry to see if it rightfully belongs to you. So it might be best to figure out a way to be the one who gets to keep the money until the issue is decided (i.e. an account at a different bank). Otherwise a widow might find herself in the position of discovering her checks for living expenses bounced because the VA put a freeze on her account - or reclaimed the money from her account - and no one (neither the bank or the VA) even bothered to notify her that it occurred.

Bronco, If they lose PART of your records, does that put you in a position where the VA is required to give you a heightened benefit of the doubt, such as: http://www4.va.gov/vetapp08/files2/0809646.txt

Previous Posts on the Topic: The Va Taketh Away Faster Than They Giveth..., Sucking payment from my bank account http://www.hadit.com/forums/index.php?show...c=10602&hl= When do they take your money? http://www.hadit.com/forums/index.php?show...c=11446&hl= How Many Times Does The Va Require Widows And Orphans To Beg, before they "care for" them http://www.hadit.com/forums/index.php?show...c=23727&hl= Finally got the Widow’s Month of Death Payment http://www.hadit.com/forums/index.php?show...c=25237&hl=

Ahh -tssnave - good to see you! :( Yes. That was me! And yes. The VA reclaimed money from my bank account. And no, it wasn't the same account they put it in. I opened an individual account at the same bank that my husband and I had the joint account at. I later closed the joint account. After that, I noticed there was a hold on some funds in my bank account (May 2007). No one at the bank could tell me why the funds were being held. Finally someone did some research and found out the VA was holding the funds. The funds were my husband's month of death payment - that had been deposited into the joint account - that was no longer open. The month of death payment - you know - the payment the widows are entitled to - the one that the VA explained they missed with some widows - because of the "glitch" in their system didn't inform them that there was a widow for some claims. Not sure how that applied to me. I called the VA because I did get the letter the VA says the "glitch" kept them from sending to some widows. On my first call I was told the widow doesn't get the month of death payment; that there is no such thing. Hmmm. Then on another call I was told that I was entitled to keep the payment - and all I had to do was send in a statement asking to be allowed to keep the month of death payment. Of course, I told the VA person that the instructions said SHE was supposed to fill out a certain form (VA Form 119), indicating that I was the widow, and entitled to keep the funds. But she told me that was an "In House" form (Yes. In house - as in SHE was supposed to fill it out) - and she instructed me to send in a statement of case instead. When I found the VA had the block on my account - the bank told me the VA could hold the funds - even in a different account - because I had been a joint holder on the account that the VA had deposited the funds in. You know, I am still not certain about that. The thing that gave the VA the right to freeze or reclaim the funds was the direct deposit slip that my husband signed. That gave the VA the authority to take funds from THAT account. And according to the bank - that would apply to ANY account at that bank. That would NOT give the VA the authority to freeze or reclaim funds from an account at a DIFFERENT bank. Just that one. Now - if you owed the VA money - they do have ways to be able to come after other bank accounts. But they would have to give you a chance to pay the money first, get an order to garnishee your account, etc. That is not so with the account they had put the money into (or apparently the money in any OTHER account at the same bank - and apparently even the other accounts of joint owners.) In those instances - the VA apparently has the right to take the money back out without even informing you that you owe them anything first. It is basically a matter of who get to hold the money while it is being decided who the money belongs to. If the VA can find money in an account at the SAME bank - they can take it - and THEY get to hold the money while it is being decided. If there is no money at the SAME bank - then YOU get to hold the money while it is being decided - and AFTER it has been decided, you have to pay the VA back IF it is decided they owe you. When I finally found out it was the VA who froze my funds, I called - and was informed there was no record that I was the widow. I sent in ANOTHER copy of our Marriage License (as well as pointing out that I was LISTED as the Widow right on the Death Certificate). However, they did not lift the freeze. They also did not take the funds for MONTHS. They didn't take the money - they just froze it. My account kept showing I had the funds in my account but that I could not USE them. Grrrr. That complicated things - because when I asked to be paid to Month of Death Payment - they told me they couldn't release the hold - that they had to RECLAIM the money - and then send me a check. But they couldn't send me a check, because they had not reclaimed the money (though I couldn't spend it). They finally reclaimed the money in August 2007.(My husband died in February 2007 ). I did NOT get anything from the VA when they reclaimed the money (or when they froze it). I did get a notice from the bank when the VA reclaimed it (though not when they froze it). I then asked to be paid the Month of Death payment. I was informed that the DIC claim had to be decided first. In May 2008, upon receiving a copy of the C-file, I found a Finance Operations transmittal sheet in my file, dated June 28, 2007 that states, "Surviving Spouse entitled to one time payment of amt of comp or pen received by veteran at time of death. Remove overpayment (08E Transaction) if payment is not returned. 38 CFR 3.20©" I sent an Inquiry May 2008 asking to be repaid the funds that were taken from my bank account in error, because the VA reclaimed the money AFTER Finance Operations was instructed to RELEASE the hold. The VA responded that my request had been forwarded, and that I would be receiving a letter addressing the issue. I never received the letter. In January 2009, I submitted an inquiry through the Survivors Month of Death Benefit link,(created after the "Computer Glitch" that kept widows from being paid the Month of Death payment was discovered) asking to be paid the month of death benefit for my husband’s death. Though I received an automated response that my inquiry had been routed to the 'VBA NASHMOD' group, I did not received any response to the inquiry. I finally requested the assistance of my Congressman. I was repaid the money at the end of February 2009. So once they take the money - even if it is in error - it can take a LONG time to get it back. Free

It looks like a pretty new site - but is nice! B)

Welcome nidra!! B) Thanks for posting that. It looks like it could be a very helpful site. I like how they are collecting the letters and stories and so others can get some kind of picture of what the entire process is like. I am not disabled - but I went through the whole SSA process getting approved for survivor's benefits. Are you in the process of filing for SSDI right now? Free

Chuck, Can I ask what specific records or evidence you are looking for? Free

You might want to do a search of BVA decisions. I am sure there have been appeals on the TDIU issues at that level. And there are probably some decisions that discuss employment issues and the regs involved. I haven't searched it yet. But I do like searching BVA decisions, because they give you information on the reasoning the VA uses when an issue gets to that level - along with the regs and court cases that support such reasoning. However, as has been pointed out - the reasoning also often doesn't apply until you get to that level. The RO can do the decisions that fit fairly neatly into the boxes. The BVA has more latitude to interpret laws and regulations as well. So even the BVA reasoning might only take you so far with the RO. And then you wait.... Free

I used to think that before I spent two years fighting SSA for our survivor's benefits. Some SSA employees can also play some not so nice games. But, as a general rule, I would have to agree - even when you are in the tunnel, the light at the end does not seem quite as far away. Free

Thanks for sharing this. I had no idea they existed. I called the Air Force Survivor Assistance Program when my husband died - but they told me they were swamped and so they could only help survivors of active duty individuals. It is good to know there is a special unit for survivors at the VA though. It might help the survivors from getting lost in the shuffle of the VA. Free

That is good news! Especially the part where they expressed regret that Rod died and expressed gratitude for his service. So maybe my burial claim won't take forever. Who knows. What is puzzling to me though, is that I did not receive any letters asking if I wanted a DRO review for my DIC claim or the Helpless Child Benefits claim. But I have been informed that they are pending review (in the future). But maybe they aren't scheduled. Maybe they were just giving me a ball park. But I DID receive a letter asking if I wanted a DRO review or traditional review on my Burial Claim. I thought with that one - once I resent the evidence of expenses paid - it would be pretty cut and dried. I guess not. But it is good to know that I might not have to wait two more years for that. Free