free_spirit_etc

LOL! I think it is about time I start using the Complaint Clicker myself!!!! Free

The IRIS has not been working for me - since I sent them an IRIS telling them I sent the evidence by certified mail - and the number, and a few days later they responded by asking what claim I was talking about - and then eventually denied receiving the evidence. BUT - I still think having the IRIS - and the Tracking - and the Signed Receipt should show I DID send the evidence. Now I will ALWAYS send an IRIS to CONFIRM they got what I sent. Free

Wings, I haven't used the downloaded form. I used the online one. I just left the suspect blank. I still haven't heard from them, except for the auto reply. I am not sure if the Postal Inspector responds to every complaint. But it does say they look for PATTERNS. Again - Vets should start filling these out again and again - because two things are happening. 1. The VA is denying getting the evidence - and can excuse it away. 2. The Post Office is often pretty slack about DELIVERING the mail, as required, because they can blame it on the VA. The Post Office acts like - Of course they got it - WE always DELIVER it - they just forgot to get it scanned, or they just forgot to get a signature. We have two Government Agencies pointing the finger at each other - each blaming the other one. But to me - In Your case right now - The buck stops at the Post Office. They shouldn't be allowed to get by with slacking on delivering it on time or proving it was delivered. That is what you paid for. And you entrusted your personal information into the hands of the Post Office - a government agency. They should be able to find out WHERE it is. (I have heard that when complaints are filed - the person who was last responsible for that piece of mail can get into "trouble" - no matter what excuses the Post Office gives you. - So complaints MIGHT serve to keep them on their toes.) There is also a Form - PS Form 3533 - Application for Refund of Fees, Products and Withdrawal of Customer Accounts. I filled that out and took it to the Post Office and asked for my money back on the certified mail that has been missing for over a month. They gave me a hard time - and said they only refund fees for Express Mail - as that is the only mail that is guaranteed to be tracked and delivered at a certain time. Then they agreed that my package SHOULD have been delivered within a month (but still maintained that it probably HAD been, regardless of what their records said) - but agreed to refund the certified mail fee. I wanted a FULL refund - and finally got one. The regs on issuing refunds: P014 Refunds and Exchanges Summary P014 describes the process of postage refunds and exchanges. There are certain standards under which refunds can be made. A refund may be requested for excess postage, metered postage, and Express Mail. 2.0 Postage and Fees Refunds 2.1Refund Standards A refund for postage and fees may be made: a. Under the standards below if postage and special or retail service fees are paid and no service is rendered, or if the amount collected was more than the lawful rate. 2.4Full Refund A full refund (100%) may be made when: a. The USPS is at fault. f. Fees are paid for special handling, certified mail, Delivery Confirmation, or Signature Confirmation and the article fails to receive the special service for which the fee is paid. 2.9Applying for Refund [1-1-03] Except for refunds for metered postage under 2.5 or for PC Postage under 2.6, the customer must apply for a refund on Form 3533; submit it to the postmaster; and provide the envelope, wrapper, or a part of it showing the names and addresses of the sender and addressee, canceled postage and postal markings, or other evidence of postage and fees paid. I applied for a refund - and STILL keep asking the Post Office to LOOK for my mail. I keep stressing that it had important personal and confidential information in it - and despite the fact I got my money back - I want them to continue to look for it and either destroy it (and inform me it has been destroyed) or return it safely to me. I know they are not real happy with me - but I keep trying to hold them accountable on this one. I don't think I would be near as aggravated if they merely admitted they messed up and lost my mail and refunded my money with a smile. But since they acted all offended that I would dare question my mail not being delivered - just because the records don't show it was delivered and the agency never received it - I keep asking them to look for it. And I will continue to ask them to keep looking for it, until they find it, or can explain what happened to it. How to Complain About a Postal Problem When you have a problem with your mail service, complete a Consumer Service Card which is available from letter carriers and at post offices. This will help your postmaster respond to your problem. If you wish to telephone a complaint, a postal employee will fill out the card for you. The Consumer Advocate represents consumers at the top management level in the Postal Service. If your postal problems cannot be solved by your local post office, then write to the Consumer Advocate. His staff stands ready to serve you. Write to: The Consumer Advocate, U.S. Postal Service, Washington, D.C. 20260-6320. Or phone: 1-202-268-2284. Free

Wings, They also have a link to report lost or delayed mail: https://hdusps.esecurecare.net/cgi-bin/hdus...mPpj&xssl=1 If you fill out the form - someone is supposed to look into it. They usually get ahold of the Post Office and have them try to find out where it is - and contact you. It hasn't helped them find the two certified letters of mine they have lost (one to the VA and one to SSA) - but I still keep filling out the email and making them look for it again. They do have to follow up with these things - so it does help promote accountability somewhat. BUT - the first thing they do is ask you to call the recipient to see if they got it - under that grand theory of "Oh..they probably got it -- we just might have forgot to scan it, or maybe they didn't sign for it like THEY should have -- but I am sure we delivered it - NOT our fault - you just can't trust the other guys.... but call them and ask if they got it..." ACK!!!! Free

The Track and Confirm page at the Post Office website can also be updated. After a certain amount of time it only shows when it was delivered. But you can click on a link to restore the details - and they will pull up the details of when the package was accepted at the Post Office - and send you an email with the update. It usually only takes a couple of hours to a day. Also - if you did NOT get a Return Receipt at the time of mailing - the Post Office can provide you with a copy. They cost more if you get them later, but you CAN get them. Take the tracking number to a Post Office and they can pull up a copy of the signature card and print you one through their system. I don't usually pay for return receipt at the time of mailing something certified - as it costs extra - and in most cases there is never a problem - and if there is a problem, the document can be obtained at the Post Office, for a fee. I THINK you can get the record from their system for up to two years. ANOTHER thing you might want to consider with your case at the moment is filing a complaint with the US Postal Inspection Services. Link to online complaint form: https://postalinspectors.uspis.gov/forms/MLNtRcvd.aspx You can file a complaint for mail theft, mail tampering and vandlism, or mail received without contents. "Congress empowered the Postal Service "to investigate postal offenses and civil matters relating to the Postal Service." Through its security and enforcement functions, the Postal Inspection Service provides assurance to American businesses for the safe exchange of funds and securities through the U.S. Mail; to postal customers of the "sanctity of the seal" in transmitting correspondence and messages; and to postal employees of a safe work environment." "If you believe your mail was stolen, report it immediately to your local postmaster or nearest Postal Inspector. You'll be asked to file a formal complaint using PS Form 2016, Mail Theft and Vandalism Complaint. By analyzing information collected from the form, Postal Inspectors may determine whether your problem is isolated or part of a larger mail theft problem in your neighborhood--and it may help Inspectors locate and apprehend the thieves." Items sent through the US mail are supposed to be "protected" by the US mail system. Maybe vets need to start using the Mail Theft and Tampering complaint form REGULARLY!! (They look for PATTERNS) The Postal Inspector SHOULD investigate to see if the mail was stolen or tampered with BEFORE it got to the agency, or AFTER. Maybe we should start pulling the US Postal Inspector into the problem. We are sending confidential, personal, sensitive information through the US Postal System. If it is being stolen or tampered with - we have the right to ask that it be protected. If our records show the mail was received, but the VA seems to be missing some of the documents - where did those documents go? This is especially important as the VA regulations pretty much REQUIRE us to use the US mail to send documents. (A US postmark or other evidence of sending the item through the US mail is accepted by the VA as evidence of the document being sent. Proof of sending through another means (UPS, Fedex, etc.) is sometimes not accepted by the VA because Congress said "US MAIL." So - in your spare time - you might want to see if you can get the Postal Inspector to investigate what happened to the documents you sent through the mail. Free

I am finding more and more that the keys to winning are in the evidence they choose to ignore. It is not so much they can't read or don't read. They know exactly what evidence to ignore. Free

Thanks Berta! Great idea about using the Complaint section. For some reason, that hadn't occured to me. I did notice a difference in the IRIS responses recently. I sent an IRIS when I sent my NOD. (I ALWAYS send an IRIS on time sensitive info - telling them I sent it, the certified mail receipt number, and a summary of what was sent). I got a NICE response from someone who was routing my info to the RO. So I wondered if they have changed the IRIS system - because I got the prety professional response - and then, of couse, it got routed to the same RO who usually answer my IRIS and often respond to something different than I asked. But the month of death claim seems to be routed directly to a different place to begin with. I didn't send the Congressman ALL of the IRIS - but I sent a brief summary of my attempts to get the month of death payment, what the VA has told me to do (and I have done) - and I sent the MAY 2008 IRIS where I informed them that the money was wrongfully taken from my bank account in August 2007 AFTER the VA had already determined in JUNE 2007 that I was entitled to the payment - and sent a transmittal to finance to STOP the reclaimation. I also sent a copy of the Finance Transmittal Sheet - AND a copy of my bank statement showing they had taken the money. I also sent the VA IRIS response in MAY 2008 telling me that my request had been forwarded to Finance and I would be hearing from them by letter. This "computer glitch" theory of "we didn't know some of the veteran's had widows and didn't notify the widow does not begin to explain the depth of the problem the VA has with widow payments. I read about them destroying / losing your evidence again. They seem to play the game as long as they can play the game. Such a waste of time, energy, and money on all fronts. I also had IRIS's blocked. It is odd because when I submitted my additional evidence within the one-year time frame - I sent an IRIS and let them know what was sent, and the certified mail receipt number. (I had already been asking for an extension because they had never sent me a copy of the VA medical opinion to get an IMO) Their response just a few days later asked what claim I was talking about and told me I didn't have any claim open. We had MANY IRIS back and forth over the matter - where I kept asking about having my claim readjudicated because I had sent the additional evidence within the time frame. And get this - NEVER - not even in the response I received a few days after my "I sent he following evidence by certified mail receipt number ___" IRIS - NEVER did they MENTION they didn't get the evidence! They just kept acting like they didn't know what in the world I was talking about. I finally had to ask them POINT BLANK - "Is the evidence I sent on June 6, 2008 IN MY FILE!!!' Of course, they responded there is no such thing in my file. Now oddly enough - ALL the previous IRIS disappeared - all the ones we talked about the evidence I sent. Or rather all the ones where *I* talked about the evidence I sent and they talked all around the subject without mentioning they didn't receive it. ( I DO have a SIGNED receipt for it though). And their responses to me became a cut and paste of the worst parts of their previous replies (with no evidence of what question I had asked). I sent an IRIS telling them I couldn't access the IRIS's. They said there was something wrong with the system - and that it was working - but it still didn't work. But they DID send me a PRINT OUT of the IRIS by mail. These are even better than the online ones - because they include some notations they put in the system that don't usually show up on the IRIS screen. Like when they lost my burial claim (one of the times they lost it) they had a notation in the IRIS system that they had called me. So you might be able to get print outs of all the IRIS from them. By the way, I am still trying to get paid part of the burial claim. They said there was no evidence there were any internment expenses. Wellllllllllll - they lost my claim twice - and I guess they lost the evidence of those expenses three times - because they say there is no evidence that I buried my husband - so they just paid for the funeral claim. Free

I am still in the process of trying to get my month of death payment for my husband's Feb 2007 death. The funds were taken out of my bank account August 2007 - though when I received 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©" Of course, I followed up on that in May 2008, when I found it. And of course, the VA said they had forwarded my request and I would get a response by letter. I went to the VA site and did what they said to do for the widow benefit through the Special Outreach they are having -- which is to submit the info through the IRIS system - through the Month of Death Payment link. I submitted the initial one January 19, 2009. I got the auto response that says I should expect to hear from them in 5 business days. I didn't get any other response - so I submitted a follow up on February 3, 2009. Again, I only got the auto response. It does say the request is routed to the 'VBA NASHMOD' group. My question is - I also asked my Congressman to look into the matter. Does that also slow down the IRIS responses? Or make them not respond to you at all? I am not sure how important an IRIS response is -- since all the responses they have given me over the last two years have not resulted in a month of death check yet. But for some reason, I still like them to respond to my requests for information on my claim. Does anyone have any experience using IRIS if a Congressman is involved? Does the VA not respond directly to you any more? I realize this is about a widow benefit - but I hope it doesn't get bumped down to the widow and orphan section yet. It gets pretty lonely down there. Free

USC 7105 - Sec. 7105 (<_<(1) states “A notice of disagreement postmarked before the expiration of the one-year period will be accepted as timely filed. “ This is also reflected in CFR 38 - 20.30520.305 (a) Computation of time limit for filing, which states: ”Acceptance of postmark date. When these Rules require that any written document be filed within a specified period of time, a response postmarked prior to expiration of the applicable time limit will be accepted as having been timely filed.” M21-1 MR, Part I, Chapter 5, Section B 4 Time Limits for Filing an NOD a. NOD Time Limit directs “If the postmark date is prior to the expiration of the NOD period consider the NOD timely filed, and retain the postmarked envelope…” CFR 38 - 20.30520.305 (a) Computation of time limit for filing, states: In the event that the postmark is not of record, the postmark date will be presumed to be five days prior to the date of receipt of the document by the Department of Veterans Affairs. In calculating this 5-day period, Saturdays, Sundays and legal holidays will be excluded. M21-1 MR, Part I, Chapter 5, Section B 4 Time Limits for Filing an NOD a. NOD Time Limit directs “If the postmark date is not of record, presume the postmark date to be five days prior to the date VA received the NOD, excluding Saturday, Sundays, and legal holidays.” CFR 38 - 20.30520.305 (a) Computation of time limit for filing, states: In the event that the postmark is not of record, the postmark date will be presumed to be five days prior to the date of receipt of the document by the Department of Veterans Affairs. In calculating this 5-day period, Saturdays, Sundays and legal holidays will be excluded. CFR 38 - 20.30520.305 (B) Computation of time limit states: “In computing the time limit for filing a written document, the first day of the specified period will be excluded and the last day included. Where the time limit would expire on a Saturday, Sunday, or legal holiday, the next succeeding workday will be included in the computation. M21-1 MR, Part I, Chapter 5, Section B 4 Time Limits for Filing an NOD a. NOD Time Limit directs “If the postmark date is not of record, presume the postmark date to be five days prior to the date VA received the NOD, excluding Saturday, Sundays, and legal holidays.” It IS important to send it by UNITED STATES MAIL!!!! I have read several CVA decisions that dismissed an appeal because it wasn't received by the due date - and though the claimant had proof of sending it before the due date, it was Fedex or UPS -- and the CVA went strictly by the United States Mail POSTMARK or Proof of MAILING rule. They dismissed the appeals - as they were sent by another method. On the USPS tracking webpage - if you click additional info - it will usually show you the exact date and time your package / letter was accepted at the post office - and sometimes where it went along the way. It most often shows when it arrived at the "delivering unit" (the post office that delivers to that address. Also keep your receipt - the actual printed receipt - you get from the Post Office. That shows the WEIGHT of your item -which can help substantiate WHAT you mailed. If your appeal package had so many pages that weighed so much and your receipt says what you sent weighed that - it is more evidence. I haven't actually seen that used. But since some people say a certified mail receipt only shows THAT you mailed something -not WHAT you mailed - I do think the evidence of weight can be an important thing to keep. Keep on the post office about getting things scanned. I sent a letter to Social Security by certified mail on December 17, 2008. It arrived at the delivering unit December 19, 2008. It has still not been delivered. I do not think this was a case that the SS office pretended not to get it. The judge wanted the info. He had EVERYONE search their desk and files to see if they had it. And they called me and asked me to bring another copy. I sent a certified letter to the VA on January 24, 2009. It arrived at the delivering unit on January 26. It has still not been delivered. The post office keeps giving me all kinds of excuses - "It will probably be delivered today, check back..." " --- They probably got it and we just forgot to scan it...." And -- the mail room story -- The story that the VA, Social Security, and businesses have PO boxes and mail rooms and whomever picks the item up FORGETS to get it scanned. ???? I question them on that. You mean I pay YOU to deliver it certifed and get proof of delivery - and you just stick it in their box and leave it up to THEM to sign the receipt and give it back to you?? They say -- No... but then why do they keep giving me the excuse that the person that PICKED up the mail probably "forgot" to sign for it. I was also told that the businesses and government offices don't sign EACH receipt - that they just sign one for the whole lot - and so the post office assumes theyhave all been delivered. I have no idea what that is all about. I keep filing online requests for updates on my lost packages - and making them look for them and get back with me. It hasn't helped them find them - but I still keep throwing the accountability back in THEIR lap. "I paid YOU to deliver this and get a signature - please look for it and tell me where it is." They will never admit it was lost. They keep telling me it was either delivered and it is someone else's fault that the receipt wasn't signed - or that it is still hanging around somewhere waiting to be delivered. Free

Yes. I have read they are very helpful - because they put it all together in a very concise way. And sometimes they can decide your case without a hearing. They can only decide in your favor in that case though. I was very impressed with the judge at my son's hearing. He was very nice to us - and actually very helpful. I would say he was also very good at reading people. I think he decided as much by the way you answered a question as he did by what you actually said. Here is a good run down of what the hearing can be like: http://www.4socialsecuritydisability.com/The_hearing.htm

Wings, I missed your appeal - but Wow! From the responses - it must be great! What are google web spiders? Free

Carlie, I so respect and admire you. I think you handled the situation so eloquently. Your letter really touched me. I hope your therapist handles the situation with integrity. I hope after talking to her again you will have more insight into whether you can still trust her - and to what extent. You seem to be very good at discerning people - and I trust that you will know. And by all means - trust yourself. Free

That will be a letter your attorney writes that summarizes the issues, and provides some backing and evidence for each issue you are pursuing. It is a persuasive writing, setting forth the reasons (and evidence) that you should be awarded benefits. Free

No. I sure haven't! When you go to the VA website - they have a special notice that says if you are a widow of a veteran who was receiving benefits at the time of their death to go to the IRIS page and select “Survivors Month of Death Benefit” for your Topic. So I did that...on January 19, 2009 - gave them all the info - INCLUDING the fact that the June 2007 Finance Operation Sheet in my file says I am entitled to the payment. But I guess the fact that I have already been determined eligible a year and a half ago doesn't speed up the process at all. Because the only response I have received so far is the automatic reply letting me know I would hear from them in five business days. But I haven't heard back yet. I sent a follow up on February 3 as follows: "This is a follow up to my January 19, 2009 inquiry [xxxx-xxxxx] submitted through the Survivors Month of Death Benefit link, asking to be paid the month of death benefit for my husband’s death. And a follow up to my May 2008 inquiry [xxxx-xxxxx] in which I asked to be paid the month of death payment, in reimbursement for the funds the VA reclaimed from my bank account on August 7, 2007, despite the fact there is 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©" As I have not received a response to the January 19, 2009 inquiry – and the last response I received to my May 2008 inquiry indicated my inquiry had been forwarded for processing and that I would receive a response by mail , I wanted to follow up on this." I got an auto-response to that one too. But it hasn't been five business days since my LATEST inquiry -- And since I am still waiting for my letter the May 2008 inquiry response said I would receive --I guess five days is rushing it. And though it is a special outreach - that doesn't mean it will be handled any more efficiently than it ever was before. Though it does make it look nice to the onlookers. I also talked to the woman at the toll-free number on January 20, 2009. She was nice - and took the information. But they have been taking information for a couple of years. So I don't know what will come of that. I have also now asked my local Congressman to follow up on the matter. I sent him copies of the finance transmittal sheet and a copy of the May 2008 IRIS response (telling me my request was forwarded and that I would be getting a letter) and a copy of my bank statement showing the reclaimation of the funds. I got a letter back from him (or whomever writes his letters) informing me they have contacted the VA about the issue on my behalf. Two years down -- ????? to go. Free

I called the Survivors’ Call Center at the toll-free telephone number, 1-800-749-8387 today. The woman was very nice and took all my information. If it is handled correctly from this point - I may actually get my month of death payment this year. Free

CONGRATS!!!! Free

Some very good points. I was reading something the other night that was about Social Security - but most likely also applies to the VA. It said that the "low level" employees made decisions based totally on the POMS guidelines and the Judges made their decisions based on law. Basically, the "low level" employees aren't supposed to interpret things that much - the peg has to fit exactly in the hole. Of course this only explains PART of it - but does explain it some. So I guess some of what rentalguy was saying is to make sure your pegs fit in the holes - so the "low level" employees can grant it. That doesn't mean they will - but the odds are much better. I also read once that if the lower level Social Security employee grants a claim that shold have been denied - they can get in trouble. But if they deny a claim that should have been granted - no problem. Might be similar with the VA. In regard to the waiting time and the amount of raise - you have an interesting point. When my husband and I were researching the VA for his class several years ago - we found some information about the "satisfaction level" of the claimants. Satisfaction, as measured, actually had nothing to do with how much the vet was granted, or even if the claim was granted or denied. It had everything to do with being treated decently in the process, not having to wait long periods of time, and feeling like their claim was afforded fairness. Vets who got those things were more satisfied even when their claims were denied. Vets who didn't get those things were not satisfied even when their claims were granted. It is kind of about respect. Free

Good point there. I wouldn't suggest that anyone send in evidence here and there whenever they get it. Good point about making that ONE submission. I think what you and I are talking about is almost the same. You are saying get it all together all neat and tidy and then file. I am saying file - and then get it all together all neat and tidy and send the rest of the claim in - in one neat package. But I guess everyone will do what they feel is best. If it will take awhile to get the evidence - then putting off filing is also a valid point. Because even if they are supposed to wait until you submit the evidence - they have an amazing way of not giving you a year. And once they have issued a decision - that kind of sticks with you. You can send the neat and tidy package - and they are supposed to readjudicate your claim. But it is often easier for them to just write whatever the person before them wrote - and add a couple lines to let you know they glanced at your stuff. Free

My point is that if the evidence can be gathered in a month (or even several) - I would suggest filing the claim (filing date starts) and still being VERY proactive and sending all the evidence in fairly quickly. I cannot see the difference in terms of being approved between filing and then sending in a well developed claim within a month or two, or sending all the evidence when you file. There is a certain amount of time used regardless. The VA has to acknowledge the claim - send out the VCAA notice, etc. I think there are more ways to do it than the two options of either waiting until you get all the evidence to file - or filing without all the evidence and being stuck in appeals for years. One more option would be to file, and work quickly to submit a well developed claim with supporting evidence within a month (or two or three) - submit the form that says you have no more evidence to submit and ask them to make a decision on your claim. The key is in knowing what you need to prove the claim. Often the lengthy appeals are the result of not knowing this - and not based on whether you had all the evidence together before you filed or soon after. Of course, what would I know. I am still trying to get paid my widow's month of death payment and my burial claim. And I DID submit all the evidence for my burial claim. Receipts from both funeral homes, receipt for the purchase of the cemetary plot -- but they still said there is no evidence that there were any interment expenses. They HAVE actually admitted to losing my claim two times though. Free

You made some very good points! I would also clarify the gather your evidence before filing part though. The clock starts ticking when you FILE - not when you get all the evidence. Gather SOME evidence - FILE - and then start getting the evidence you need to support the claim. I had a friend who got approved for A&A on his VA Pension. He was going to a Vet Rep. The Vet Rep said he would have to wait to file until he got doctor statements before he filed. I told him - FILE - and then get the doctor statements. If the VA approves - they will pay back to the day you FILED. Waiting to get the statements first could cost you several months in benefits. He shared that with his Vet Rep and the Vet Rep decided it was a good idea. Then the Vet Rep said he had to go to a C&P and get evaluated. But he was already on a program where the State actually pays someone something like 50 hours a month to come in and do things for him. It is a program to help people who are disabled stay out of nursing homes. I told him - the STATE has already evaluated you and determined you need some type of aid and attendance. Make sure the Vet Rep KNOWS that. I would think the fact that the State had already determined that they needed to spend THEIR funds providing him with in home care would be some pretty strong evidence --. So he shared that with his Vet Rep. He actually got approved pretty quickly for A&A....and got paid back to the date he FILED. Free

Good point! I also don't quite buy into the excuse that the computer glitch caused them to not send letters to Vet's widows. As soon as you die - they send notice out telling you not to spend the next check - to send it back - or to pay back the VA if you have already cashed the check. It is THAT notice that states if you are the surviving widow you may be entitled to the one time month of death payment - and to call the toll-free number. As I laid out in my post in this thread - How many times does the VA require a widow to beg... the Widows WERE getting the notices. The VA employees kept telling the widows there was no such thing as the month of death payment when they called. But it isn't like the VA is telling it - that notices weren't being sent out because the VA didn't know the vet had a widow or the computer system wasn't updated. The widow notice is right on the letter they send EVERYONE telling whomever is left they better not cash the check - or they better repay the VA. The problem for widows is finding someone AT the VA who knows how to handle a widow's claim for the month of death payment. Free

ME TOO!

I actually think covering some areas of agreement in your statment can be a good thing. I doesn't take much time to agree - nor use up much of someone' attention. I read some articles on how to write legal briefs when preparing for my son's SSA hearing. They advise you to NOT disagree with everything. They recommend that you actually state some type of agreement with some of the other side's argument that either aren't important to your case, or that you wouldn't win on anyway. It doesn't mean you have to agree with the WHOLE argument - but state an area of agreement with what you can agree with. You can actually start your arguments with an"area of agreement" too - while still pointing out the weaknessesof the other side. For instance in my DIC claim - I could frame the argument - Though I agree that my husband's medical records do not show that he was involved in any asbestos screening programs, I believe the dotor was in error to rely on this as proof that he was not exposed to asestos. We submitted substantial evidence that the Air Force didn't begin implementing such programs until the late 1980's. Air Force Regulation 91-42, Air Force Facility Asbestos Management, shows that the Air Force began making specific plans to deal with asbestos problems, in earnest, in 1988. This was five years AFTER my husband was no longer an interior electrician. Furthermore, XXXx shows that once the programs were implemented, interior electricians were required to receive asbestos training, wear respirators when doing some of their work, and be under medical surveillance programs. The substative evidence shows that my husband was most likely exposed to asbestos before the Air Force had any programs in place to protect their workers from exposure risks.

Hey! Thanks! Ironically, when I was just going over YOUR post on your claim I was thinking - WOW! She is so clear and to the point - I want to model HER style when I write MY statement. :) Being clear and to the point has never been one of my strong points. It is something I have to work on. I really need to work on that in respect to dealing with the VA. When I wrote our brief for the Social Security Hearing - Writing it all out was easy. The process of making it more clear and concise took awhile. Free

ACK! Now I look at it again and want to smooth out my own additions. They are a bit rough - but again, I think the most important polishing would not be pitting the doctors against the nurse, but in pointing out that they were all actually in agreement - medically, it was only the nurse's misapplication of the law that caused her to issue a different opinion. And when you get right down to it - how qualified is a nurse to apply the LAW - Sounds like she did alright in applying sound medical principles to your medical condition (that it did start in service). She messed up in regard to the law.