free_spirit_etc

Wow! Looks great! I made a couple of suggestions. The one I would think was most important would be pointing out that ALL the medical people were in AGREEMENT that your pulmonary disorder began in service (instead of the physicians vs, the nurse) - and it was just that the nurse misapplied the standards.

Good point - Sometimes a denial is useful, as it gets the VA to play their hand first. Then you know what cards are on the table from their side. For instance - Though my husband repeatedly claimed his cancer started in service - the VA ignored that - and only asked the doctor to address if his cancer was caused by asbestos exposure. Of course, the doctor did not address whether his cancer COULD have been caused by asbestos exposure IF he were exposed. The doctor ruled out asbestos exposure on the fact that his records do not show he was exposed to asbestos. He based that mostly on the fact that my husband was not part of any of the screening programs, although he had been an interior electrician. So the doctor decided to be the "fact finder" in regard to determining whether my husband was exposed to asbestos. The fact that ignored the fact that both the treating AF base oncologist and the treating AF base pulmonologist had both indicated in THEIR records that my husband was most likely exposed to asbestos. These were post service records - but done through the military. The screening programs that the C&P examiner relied on were actually not started until several years AFTER my husband transferred out of the electrician field. Hmmmm - my husband worked in a field for 13 years that has a high likelihood of being exposed to asbestos. AND he worked in that field for 13 years when there were NO safety programs or screening programs in effect yet.(People in that field are NOW part of the screening prgrams). SO does the lack of being a part of a screening program PROVE that he was not exposed to asbestos? NO. It proves that he worked in a field that is NOW considered a high risk field at a time when no safety measures were used to prevent or mitigate asbestos exposure. The doctor did NOT opine as to whether my husband's type of cancer COULD be related to asbestos exposure IF the VA would determine that it is more likely than not my husband was exposed to asbestos. He merely discounted the possibility of exposure. With our records showing that the screening programs didn't start until the mid 1980's, records showing that interior electricians are NOW required to wear respirators when doing the types of work my husband did, our records showing the asbestos surveys done at the AF base he was at at the end of his electrician career (BIG BIG Problem with asbestos at that base).... I think the doctor's opinion should not be given much weight because it was mostly based on the idea that my husband had not been exposed to asbestos - because he wasn't part of any screening programs (that were not even in existence yet). But the VA played their hand first. Once again, with the DIC claim - I continued my husband's claim that it is more likely than not that his cancer began IN service (per his treating doctor's verbal statements to us - and remarks in his medical record) ** Doctor said the base attorney won't allow him to write an actual opinion. What did the VA ask their doctor to opine on? They did NOT ask him to give an opinion as to whether it is more likely than not that my husband's cancer started in service. They merely asked him to opine as to whether the respiratory SYMPTOMS my husband experienced in the service were related to his cancer. The doctor apparently looked at his medical records of respiratory infections and opined the symptoms experienced in service were caused by Upper and Lower respiratory infections. **and ironically his discharge physical is missing - so no one knows what symptoms he had at discharge. BUT - my point is - they have danced all around the question of when the cancer most likely started. It is very unlikely that a cancer that generally takes 12 to 15 years to grow to 1 cm grew to that size in the 2 years between when he retired and when it was diagnosed. There is NO case reported in ANY medical sites that the type of cancer EVER grows that quickly. (Average doubling time -= 180 days. Rapidly growing doubling time = 72 or more days. Doubling time needed to grow 1 cm in 2 years = 12 days. NOT heard of in medical science). They had the opportunity to have THEIR doctor issue an opinion as to when the cancer most likely started. They did not take that opportunity. They only asked if the SYMPTOMS experienced in service were related to his cancer (though most medical evidence indicates that lung cancer has NO symptoms for YEARS). I am not going to ask them to have their doctor give an opinion of when the cancer started. They have already played their cards and already ignored that request too many times. I will get an IMO (as soon as they send me a copy of THEIR doctor's opinion that I have been trying to get for a year.)I will ask the IMO doctor to give an opinion as to whether it is more likely than not the cancer started in service. I will go in with MY IMO - up against THEIR report that my husband's symptom free cancer didn't produce symptoms in the service - with no opinion as to when it may have begun. As I will have an IMO to back what the base doctor has in his notes (I hope), and that is in line with ALL the medical journal articles, scientific writings,etc we have submitted - If they decide at that point to start asking their doctors to write a report opining that the cancer did NOT start in service - I will object to their "fishing expedition." They have clearly had ample time to ask a doctor that - They have chosen to dance all the way around the topic (most likely because they know the cancer did start in service) and as the medical evidence of record should be ample to show entitlement - they should not go on a fishing expedition to try to obtain an opinion with which to deny the claim. So looking at it from you "game" stance -- the C&P exam (if not favorable) can be considered your opportunity to see what cards they are holding. Many times they have a pretty meager hand. Free

Commander Bob, My heart goes out to you and your wife as you battle the cancer. I know from experience what a bitter-sweet battle that can be. Whenever the Bureaucrats give me the run around - I think "Hey, if my husband was still alive - he would be kicking your $%#$ right about now!" I think I posted in another post - he wouldn't really kick them, but could talk to them calmly - and even politely, but in a way that they would get the message that they would prefer to have their %$%# kicked rather than have to listen to him. (He was a retired Air Force CMSgt.) OMG - I remember a time a nurse tried to get me to leave his hospital room - and he shot up out of that bed - and pointed at me and declared "SHE is STAYING!" - pointed at the nurse and declared "YOU are LEAVING!" and told the nurse that they were only allowed to come back in the room to give him his medicine at the scheduled time - and ended with "Do you have any questions?" The nurse was sputtering all over the place, but didn't have any questions, except to ask how to make us more comfortable. LOLOLOL He was MY HERO - standing up for me like that!! Likewise - you are certainly a HERO for your campaign to help the "widows and orphans" that the VA is neglecting to "care for." Your post prompted me to post the depth of the problem concerning the month of death payment and the "computer glitch conspiracy theory." You will most likely find the post disturbing, but eye opening. You can find the post at: http://www.hadit.com/forums/index.php?showtopic=23727 I think that is the link. If it doesn't link - it is the post in the DIC forum titled "How many times does the VA require widows and orphans to beg before they "care for" them." Much luck to you! Free - "Applauding Commander Bob for being a HERO of widows and orphans!!!!"

The VA website explains that some widows did not get paid because the VA didn’t always know they had a surviving spouse. http://www.vba.va.gov/survivorsbenefit.htm VA to Provide Payments to Eligible Surviving Spouses “Because VA does not always know if a veteran is survived by a spouse, some surviving spouses have not received the month-of-death benefit to which they are entitled.” However, those who have read the news know about the “computer glitch.” The explanation of the computer glitch is that the VA never updated its automated computer systems, which sends out checks and notification letters. As a result, spouses were either denied the final month of payment or asked to send the checks back. If the checks were already deposited or spent, the U.S. Treasury moved to seize the money directly from their accounts. However, I don’t see a computer glitch causing the major problem. I see the problem caused by the VA employees not following their own procedures. The “computer glitch” is merely the tip of the iceberg. The problem is much deeper than that. Shall was say a VA "human employee glitch?" Would it be more effective for them to update the humans, instead of the computers? When I called the VA to report my husband’s death, I was told that there is no payment for the surviving spouse for the month of death. Computer glitch? Human Glitch? However, I DID receive the letter the "computer glitch theory" says were not sent out. I DID receive the notification letter. The letter clearly stated that if you were the surviving widow, you could be entitled to the month of death payment. It said if you are the surviving spouse you may be entitled to the last payment and call the toll-free number. The computer DID its job. So I called the VA number. And just like my first call, the VA employee told me there was no such thing as the widow getting the last payment that was due the veteran. Computer glitch? Doesn't seem like it. I checked the regulations and called again, and was once again told there was no such thing as the widow being entitled to a month of death payment. I had to actually read her the letter, before she believed me. Then she changed her mind...and said I got to keep it -- But then she decided I should fill out something -- but couldn't decide what - so they wouldn't take the money back. Computer glitch? It doesn't seem like it. The computer sent the required letter. The humans the letter instructed me to call didn’t know: 1. That the widow was entitled to the payment. 2. What paperwork to fill out to process the month of death claim. The regulations CLEARLY tell the RO what to do. THEY are supposed to complete the VA Form 119 - to let Finance know NOT to reclaim the money - or if it has been reclaimed already - have finance issue a check. The regulation M21-1, Part IV 26.02. states: http://www.warms.vba.va.gov/admin21/m21_1/...4/chg216err.doc (a) Requests over the phone must be recorded on VA Form 119, “Report of Contact” and the caller must provide oral verification satisfactory to the veteran’s service representative that the caller is the surviving spouse. The manual TELLS them what to do: (2) Use a locally generated letter to send one of two possible messages, depending on whether TINQ (Treasury Inquiry) shows that the veteran’s check or direct deposit has been returned, either: (a) We will re-issue payment to you; or (Since you are entitled to the veteran’s payment for the month of death, you are not required to return the check or direct deposit. (3) In either instance, send the claims folder to Finance with the following notation on OF 41: “Surviving spouse entitled to 1-time payment of [amount of monthly compensation or pension received by the veteran at time of death] per 38 CFR 3.209©.” If payment has been returned, request Finance to re-issue the payment to the surviving spouse (06A transaction). If payment has not been returned, notify Finance that the overpayment should be removed (08E transaction). Input of the 08E transaction must be accomplished within 45 days of the debt being established. The finance activity must notify the Debt Management Center (DMC) of the action so that they can stop the reclamation process. If the debt has been in the system for 60 days, DMC cannot stop the reclamation process when the finance activity inputs the 08E transaction. I asked the VA employee to fill out a VA 119, but she told me the 119 was an “in house” form. So instead of doing HER job and filling out the in-house form that the regulations direct them to fill out – she told ME to send in a Statement in Support of Claim – telling them I was entitled to keep the month of death payment. She informed me that this would keep them from reclaiming the money. As instructed I filled out the Statement and sent it in. And at least the VA employee wasn't bothered with having to fill out the "in-house" Form 119 that the regulations direct them to fill out when the widow responds to the notice the computer sends out telling her to call. I guess the "glitchy computer" didn’t read my Statement in Support of Claim because three months later I checked my bank account balance and found that there was a hold on $225 of my funds. I called the bank to find out why there was a hold placed on the money and they didn’t know. They did some research and found out that the VA had put a hold on the money – the first step in the reclamation process. On May 20, 2007 - three and a half months after my husband died, the VA froze the funds in my personal bank acount without either the VA or the bank so much as notifying me they were doing so. I contacted the VA and was informed there was no evidence in the record that I was my husband’s widow – despite the fact I sent our marriage license in the same envelope with the Death Certificate, and despite the fact that the Death Certificate itself lists me as the widow. I re-sent the Death Certificate and the Marriage License. After I “established” that I was, indeed, my husband’s widow with the VA - the VA informed me that they had no way to stop the reclamation process. But they did inform me that they would reclaim the money from my bank account and issue me a check for that amount. Two months later - in July, the VA had still not reclaimed the money. Nor did they release the hold. So the money remained in my bank account, but unavailable for me to spend. The bank informed me that the VA could keep an indefinite hold on the money until they decided to reclaim the money or release the hold. Government holds do not have a deadline. In the meantime, the VA couldn’t issue me a check for the reclaimed money, as they hadn’t reclaimed the money – so they just let the money sit in my bank account - but blocked my access to it. I do not know what “computer glitch” would be responsible for that – but the humans I contacted were not very helpful. I finally contacted the VA and informed them that as it had been over six months since my husband died I would like for them to either reclaim the money or release their hold on it. Though their response informed me they couldn’t do either – that the process was already in action for whatever it was “supposed to do” someone (either a computer or a human) finally reclaimed the money in mid-August 2007 I then sent in a request to be issued a check for my husband’s month of death payment, as I had been informed I could receive a check once the VA reclaimed the money. I was then informed that as I had now filed a DIC claim, that the issue of whether I was “entitled” to the month of death payment could not be decided until the VA processes my DIC claim. Isn’t it ironic that the VA would hold up the month of death payment (that every widow is entitled to) for widows who claim their husband’s death is service connected? If your husband’s death is not service connected, you can get the money (supposedly) promptly. But if your husband’s death is service connected, they can’t make a decision that you are "entitled" to the month of death payment (that is the right of every widow) until they decide if the death is service connected. It is a rather odd way of applying their motto “To care for him who shall have borne the battle and for his widow, and his orphan.” When finally got a copy of my husband’s C-file (requested June 20, 2007 – finally received May 22, 2008 - after multiple requests) – I found a Finance Operations Form stating that I was entitled to the one time payment of my husband’s last check and instructing them to remove the overpayment transaction (i.e. to NOT reclaim the money from my bank account). This was dated June 28, 2007 – a month and a half before the VA reclaimed the money from my bank. I sent an IRIS to finance on May 29 2008, stating: “I previously submitted a claim to be allowed to keep my husband's month of death payment. Upon receipt of my husband's C-file, I found that a transmittal form was sent to Finance Operations on 6-28-2007 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©" However, these funds were reclaimed from my checking account in August 2007.As these funds were taken out of my bank account 2 months after the overpayment transaction was supposed to be removed, what is the procedure for being repaid the funds that were taken from my account in error? Thank you,XXX” The VA responded: Mrs. xxxx: I will forward your inquiry on for processing. Sincerely, Matthew xxx Again - The manual TELLS them what to do: returned, either: (3) In either instance, send the claims folder to Finance with the following notation on OF 41: “Surviving spouse entitled to 1-time payment of [amount of monthly compensation or pension received by the veteran at time of death] per 38 CFR 3.209©.” If payment has been returned, request Finance to re-issue the payment to the surviving spouse (06A transaction). It is now January 2009. I have still not received the month of death payment for my husband’s February 5 2007 death. Nor have I received any follow up from the VA on the issue. What computer glitch caused this? The computer actually did do its job. It sent me the notice. It was the VA employee human errorsthat created the ongoing problem. These include: a.) Informing me that widows aren’t entitled to month of death payment b.) Failing to establish in the record that I was the widow though it was clearly noted on the Death Certificate. c.) Refusing to fill out form VA 119 to stop the reclamation process when I called in response to the VA letter – as VA procedures direct them to do. d.) Failing to follow up on my Statement in Support of Claim asking to be granted the month of death payment that I sent in per VA instructions. e.) Failing to follow up on my multiple IRIS submissions asking to be paid my entitlement of my husband’s last payment. f.) Failing to follow up on their own finance transmittal in my file by stopping the reclamation process OR issuing me a check when the money was reclaimed in August 2007, as the transmittal and their procedures directed. g.) Failing to follow up and issue me a check even after I sent them an IRIS in May 2008 directing them to the exact date(June 28, 2007) and exact form (The Finance Operations transmittal form) that stated I was entitled to the payment. I understand that I have to follow up on this once again. However, I have been so busy with other matters that I haven’t taken the time to do so – mostly because I know it will not be as easy as just sending the request and having it appropriately handled. I have to wait until I have time to deal with the multiple IRIS’s, the multiple excuses, the multiple times the VA says they didn’t get what I sent – or that they lost it - and all the other problems that asking for anything from the VA seems to generate. And I am still dealing with the follow up to the VA losing my claim for burial benefits (more than once), and then just sending a partial payment because they say that there is no evidence that I incurred any plot expenses, the VA insisting they didn’t receive the evidence I sent within one year of the VCAA notice (though I have signed certified mail receipts showing that they didreceive it – and I sent them an IRIS when I sent the evidence, specifically telling them that I sent the evidence and the certified mail receipt number), the VA dismissing my NOD as “untimely” though it was sent and received within the legal timeframe, and the VA still not providing me with the medical opinion they used to deny my DIC claim – despite the fact that I have repeatedly asked for it mulitple times for over a year. THAT should be as simple as meeting my request. The denial letter refers to a medical opinion received by the VA. I would like to receive a copy of that opinion, as I need it to obtain an IMO to support my claim. The opinion is not in copy of the claim file I was sent. It should be as easy as - Find the opinion. Send it. But no, the VA wants ME to provide them with the physician’s name and the date of the opinion to “help with their research.” How am I supposed to provide them with information that is on the document I did not receive to assist them in finding the document? The information they say they need to FIND the document is ON the document they have not sent me! (Does the computer know about this?) But if I get an IMO that does not address that opinion – they can dismiss my IMO, as it didn’t address the evidence “of record.” So following up on the month of death payment has not been on the top of my priority list, as I need to get other things that are caught in the tangled web of the VA straightened out that are more important. And because I have no reason to believe that one more request that the situation will be resolved will be handled any more efficiently than all my previous requests have. Should a widow have to follow up time and time and time again to get her $225 back from the VA? Shouldn’t it have been handled right in the first place – when the “glitchy computer” did send me the notice informing me I might be entitled to the month of death payment – and I did follow up on the notice? (But still had to READ the letter to the VA employee, because she kept insisting that there was no such thing as the widow being entitled to the last payment due the veteran). Or shouldn’t it have been handled when I sent them the IRIS letting them know the VA had reclaimed the money and I wanted my check? Or shouldn’t it have been handled when I informed them eight months ago that my file even shows I should be sent the payment, but that the payment was never sent? How many times does the VA require a widow has to beg for what she is legally entitled to? Hopefully after I beg a few more times – the VA will deem me "deserving enough" of my husband’s month of death payment to care for the “widow and orphan” and give my $225 back. The “computer glitch” is merely the tip of the iceberg. It is so much deeper than that.

Even seeing them standing in an Unemployment line, being denied time and time again, while their fellow Bureaucrats keep losing their papers, insisting they never sent them, misinterpreting clear statements, and putting their records in someone else's file seems to have a poetic sense of justice to it. Free

Woo Hoo! There's my buddy! I was so excited that night I had to email you about it.. but still needed to process things for awhile before going public. Ironically, I thought Social Security was a given. I thought the VA may take a couple years. But Social Security took two years. And I have just been holding steady with the VA, keeping my foot in the door there, until I got the Social Security situation handled. Might rest a few days and then start with the VA. I guess I will start with trying to get them to return the month of death payment they sucked out of my bank account six months after my husband died. I read their website on that - where they say some people didn't get paid because they didn't know the veteran had a widow. Yeah. Right. They tried to tell me that when they put a hold on the money. There was NO evidence in the record that I was his widow. Besides the three copies of the marriage license - if they would have looked in the spot named WIDOW on the DEATH CERTIFICATE - my name was right there. Geez! But they DID actually DECIDE I could keep the money. I found the paper in the file that said I was entitled to it - and to NOT reclaim it. Then they took the money out of my bank account two months later.... geez... And then I will work on getting the $300 burial payment. I got the $300 funeral payment - but they said there were no burial expenses. (Like I just dumped him out somewhere, I suppose). Anyway, guess I should consider myself lucky that after they lost the whole burial claim a couple of times - they finally only lost the part about burial costs the last time. And I get to send them the whole evidence packet AGAIN that I sent by certified mail that was signed for - that they deny receiving. And I get to file an NOD to get them to consider my timley filed appeal as timely. THEN I get to start actually working on the claim. Still trying to get them to send me a copy of the medical report that was used to deny my claim. But it has only been a couple years that I have been asking for it. So I am not sure when I will get that. Besides that - everything is wonderful! Free

Yep! Get that report! My husband didn't get the reports on his initial claims. Years later, when we read the reports - the C&P examiner often CLEARLY said that something he had was related to the service. But the VA ignored it. Like when he went for headaches - the VA doctor wrote that his headaches were caused by: 1. The chronic sinus problems that were treated and diagnosed in service. He even gave dates and when it was diagnosed. 2. Cervical strain - and he gave dates that was treated (and my husband had claimed the strain on discharge). But the VA said "Service connection for headaches is denied because they were diagnosed as headaches." ?????? I guess having headaches be diagnosed as headaches makes them a "diagnosed illness" - thus, not Desert Storm related. (at least in a rater's mind). But they didn't even mention that the doctor had related the headaches to two OTHER service connected conditions. But when we finally got the medical records - wow! So NEVER let the VA tell you what he doctor said. Get a copy of the report yourself. Free

"already fought in a war??thats whats made me like this. i didnt think id be home fighting again against my own govt.?" Tanker - You are NOT fighting AGAINST the government. You are fighting TO get what you deserve. And it would be much easier if the government didn't fight AGAINST you. Free

Thanks Pete! Today is my husband's birthday! I was thinking of getting a Dairy Queen ice cream cake because he liked them so much. But it is ZERO here..BRRRRRR. So I'll celebrate with Hot Chocolate instead. Free Still celebrating my wonderful husband!!!!Missing him too - but so happy he was in my life.

Hope is a good thing. Trust is a better thing. But it is hard to trust those who jerk you around (and unwise to do so)- but Hope - you CAN have hope. I was totally impressed by everyone at the hearing office. They even let me come over and view the file. And I got to make copies of anything I wanted. They just handed me the file, showed me the copy machine and told me to feel free to make any copies I wanted to. I had filed written requests to see the file for two years and every request was ignored. The hearing office just said - Yes. Here it is. Wow! I also found that the judge didn't play all the mind games I was used to. He asked straight questions and wanted straight answers. But he never cut me off - said I could tell him anything I wanted to say, asked questions to help clarify (but I usually felt he was doing that in my favor, not to set me up) - and even at the end he asked if I had anything I wanted to add - and gave us the opportunity to say anything we hadn't been asked about. They also have something called a pre-hearing conference - where they can resolve some issues before the hearing. Usually your attorney will handle this. I didn't have an attorney - so I wrote to the judge and asked to have a prehearing conference on the issue of my son's legal adoption - to see if we had to call any witnesses to help establish that point. The judge wrote me a really nice letter and said he had already established that point - told me the two issues he would focus on in the hearing - gave me some information about serving as both a representative (to my son) and as a witness, and let me know he was willing to work with us to make sure that the record was adequately developed before he made a decision. That dispelled some of my fear that they would need ONE thing I didn't have - and decide against my son. But he assured me that if he found he needed more evidence on any issue, he would tell me what he needed, and how to obtain it, at the end of the hearing. He even said if he found additional testimony was needed, he could schedule another time to hear it. This wasn't just cut and paste procedures. It was a real letter that really helped easing my fears. He wasn't there to TRY to deny us. He was there to get all the facts and determine if we were entitled or not in a FAIR way. And he would make sure that our rights were upheld. His letter was written in clear English so I didn't have to tangle my mind around the words to figure out what he meant. Actually all Social Security notices are SUPPOSED to be that way. But get this: This is the stuff the OTHER workers used to write in their decisions: “documents from proper third party authorities demonstrating on a cost basis or on a funds flow basis, that you, in your household, were receiving at least one half support from the worker in the period after he contracted matrimony with your mother and before he died" Is that writing that a human being would consider clear and undestandable? Yes. The hearing was a whole different experience. The judge didn't just listen to pick that one thing out and take out of context to deny us. He listened to hear what we really said. Keep on Hoping! Free

Purple, Those private notes can be VERY important!!! Especially in the day of electronic records. We went to the base and asked for ALL of my husband's medical records. We were given a copy - but many of them were SO brief. They just click a few buttons on the computer - just in a few words - and that is your "medical record." I said - OMG! You had SURGERY - and it only takes up four lines of typing! They have reduced your surgery to FOUR LINES!!! And then you wonder why they tell vets that nothing is documented in the record to support their claim. So he went back to the base and politely asked "What is this (*(%*?" THEN they said - Oh, your medical records do NOT include the DOCTOR'S NOTES - (I guess the doctors notes are for the doctors). So he asked for a copy of his DOCTOR'S NOTES. THAT is where we found important information that supported his claim. The doctor had written A LOT more information in HIS notes. So always be sure to ask for copies of the DOCTOR'S NOTES as well as your medical records. Apparently they aren't always included. Free

Hey! When I got my husband's C-file, there were medical records of OTHER vets in his file! I sent the VA an IRIS and asked them what they wanted me to do with the other veteran's medical records. (And suggested that my husband's missing discharge physical might quite possibly be in another vet's file.) They didn't respond to that. Yep. No response what-so-ever to being informed - "Hey! You just sent other people's confidental information to me! What do you want me to do with this sensitive information?" If anyone needs some medical records to support their claim, maybe they could use the extra ones the VA sent to me. Doesn't seem to matter to them which vet's file they belong to. Free

I will have to tell you that I am SO happy with my son's SSA hearing that - regardless of what decision they make - it was just SOOOO nice to be treated with respect and courtesy for a change (from SSA, that is) instead of being snapped at, talked down to, and treated like I was semi-retarded. But wow! Do you have to hang in there! I honestly believe that someone INTENTIONALLY tried to deny us benefits, regardless of whether we were eligible. What has convinced me of this - is that they tried to dismiss my appeal as "untimely" by saying since I didn't appeal the FIRST decision (the lump sum death notice letter they send right after you report someone's death) that NONE of my appeals could be considered timely - even the appeal I submitted after actually being allowed to file for survivor benefits. Aside from the fact that I DID file an appeal to the first decision (but the local office didn't file it as they said I had no right to appeal)- I had the right to appeal the INITIAL decision that was made AFTER they let me apply. Actually - they wouldn't let me apply (kept telling me I wasn't eligible) UNTIL I submitted the first appeal - asking to be allowed to actually APPLY for benefits BEFORE making a decision that I was not entitled to them. So they let me apply - and denied me NINE DAYS later. Seems like they were in such a rush to deny me they couldn't even WAIT the 10 days you have to correct any errors on your application. So I appealed that too! But the next person refused to give me a reconsideration - saying the second denial (after I was allowed to apply for benefits) was merely a "supplemental notice expounding on the original determination, and thus irrelevant." ???? So they were trying to say that if a widow does not appeal the notice that is an AWARD for lump sum death payment (but also says you aren't entitled to any other benefits on that application) she can NEVER appeal. ACK!!! They FINALLY decide whether you are entitled to monthly payment FIVE DAYS after reporting your spouse's death to them???? Anyway - when I read up on my options - I was SICK!!! Though I knew the decision wasn't fair - I found out that a decision to dismiss your appeal as untimely is NOT an a decision which you can appeal! OMG! I thought they had me and there was not a dang thing I could do about it!! What an effective way to take away someone's due process and block them from getting adminstrative review of their claim! Doesn't it seem like if you ARE entitled to benefits - they should let you go through the process to get them - and if you are NOT entitled - they could at least let you go through the process of getting a FAIR HEARING to decide that? Not these folks! Anyway - I finally found something that said you can't appeal the dismissal of your appeal - but you CAN ask that the ALJ or Appeals Council to REOPEN a claim if there is an "error on the face of the evidence" So when I was denied a hearing - I wrote to both the judge and Appeals Council and asked them to reinstate my right to due process (which had been unfairly taken away) as it was an error on the face of the evidence to say that someone had to appeal a decision prior to the time it was made. (Yep. They said I had to appeal within 60 days of Feb. 19 to be timely, though I wasn't allowed to file the application for mother's benefits until mid- May and the decision wasn't made until the end of May. And the Judge and the Appeals Council are my HEROS!! - because they sent my claim back and made them give me a reconsidered decision - which put me back in the due process loop! But wow - for a while there - I thought they had me - and that all I would be able to do is keep submitting evidence to the same people who had taken away my right to due process - and asking them to reopen - which of course, they wouldn't - and refusing to reopen is ALSO not an appealable decision. And believe it or not - I believe they tried to take away my son's right to due process too!! When he was denied - we got a letter to ask for a hearing. And we did. And by this time I was smart enough to take it to a DIFFERENT office and get it DATE STAMPED. And oh was that guy MEAN!!! Whew!!! It was actually our former office that had always been so nice -- but I didn't know that remark was on the query screen telling everyone in Social Security that I tried to play the offices against each other (though this was the ONLY time I went to another office -- 5 months AFTER that remark was entered). Anyway- he told me it was MY fault that our claim was all messed up and I actually had to BEG him to submit our appeals (he was refusing to take them at first!!) I left that office SOBBING and SOBBING and SOBBING- just absolutely sobbing!!! I was so tired of being treated so awful and not knowing why... I had to wait until I could recover some before I could even drive. I almost gave up then -- I just felt like it wasn't worth it.. but I could keep hearing my husband say "NO! Don't you back down!!!!!" (What made him madder than anything is if I started backing down in an argument when I knew I was right). So I just kept letting that "No! Don't you back down!!" guide me. (And also thinking from time to time when they were being mean -- "Hey! If my husband was alive - he'd be in here kicking your &#&@ right about now if he saw you being mean to me like that!!!..Well, he wouldn't really kick them.. but he would talk to them in a way that they would probably prefer to be kicked..) And I am SO glad I did not back down and made him date stamp my copy - because guess what? The Hearing Request never made it to the Hearing Office... or anywhere -- I guess it disappered! My son got a letter in May telling him they could not accept the evidence we submitted (and we were submitting PACKETS AND PACKETS) BECAUSE -- he was TOLD to ask for a HEARING - and a reconsideration was NOT in order. ACK!!!!!!!!!! They were acting AS IF he had NOT asked for a Hearing!! But guess what!! WE had a DATE STAMPED COPY of the Hearing Request!!!!!!!!!!!!!! I sent THAT DIRECTLY to the Hearing Office and asked that they accept it - and asked that they accept the date stamp as evidence it was timely filed!! THEY DID!! Whoo Hoo! I am SO glad I got that date stamped copy even if I had to go through hell to get it! So anyway - Cover yourself - Protect yourself from those whom have a duty to assist you (but work against you instead) and HANG IN THERE! HANG IN THERE! HANG IN THERE!!! I am convinced that someone tried to take away my right, and my son's right, to due process. And I can think of no other reason than that they tried to prevent us from getting benefits to which they knew a FAIR HEARING would SHOW we were entitled to. It is sad there are people like that working in the system. But HANG IN THERE!! Free

I am finally counting on a favorable decision in my son and my claims for Survivor Benefits after a two year battle with Social Security. The Hearing Office people have been SOOOOOOOOOOOOOOO nice - which is a refreshing change from the way we have been treated for the past couple of years. We had my son's hearing last week. I got to view his file before the hearing - and notice a comment is on the query screen that says I complain about all actions SS takes, try to play the offices and toll free number against each other and try to refute policy. ??? I didn't try to refute their policies - I tried to get them to FOLLOW their policies! Anyway - that explains why everyone has been so unhelpful and sometimes downright mean to me when I try to get help. It sure has been a long battle -- and lots of errors on their part -- (like telling me I couldn't submit proof of support when we applied - but then using my husband's SSD payments soley to calculate his share of support. Wellllllllll - when you leave out his military retirement pay - which was higher than my son and my income combined - yes... you can make it look like he didn't provide near as much support as he did. But the judge was nice and seemed to be very fair - and wanted to know what the actual facts were. Wow! How refreshing - the first person in two years that cared about the facts or the truth!!!! Anyway - he wouldn't tell us how he was ruling - but he said he COULD issue a decision on my claim too - IF it would be favorable (otherwise they would have to give me time to prepare for my own hearing). AND they wanted my information to work on my claim too!! Woo Hoo! I am starting to trust in their fairness again. But I am still appalled at how someone tried to deny us benefits all along. It went beyond just denying us and making us wait for a hearing - to actually trying to block us from getting a hearing. THAT - to me - is inexcusable! Free

I agree with Pete. After two years of getting the run around on survivor benefits - my son finally had a hearing last week. Was VERY nice! The Judge was very nice, very helpful, wasn't "out to get us" -- or anything. But I got so nervous I forgot everything I wanted to say. I would just start rattling on about something and I had to keep asking "Now what was the question?" Free

I was not sure exactly what the VA's take on the IRIS is. It is the actual means they have set up to communicate with them. I do see where it is informal, as opposed to letters you write to them, and letters you receive from them. However, we have not had much luck with them responding to any letters we have written asking questions. They DO respond to an IRIS. Some of the regs talk about "written communication" with the VA. I would think that the IRIS would count as a form of written communication. For instance, in the case in point - I would think my IRIS would count as written communication of the intent to file a claim (i.e. an informal claim). I do like the IRIS better than phone communication because there is a record of what was said on both sides. I don't think it bcomes a part of the official claims file unless the vet submits it as evidence. However, I certainly think it should be able to be used as evidence. Free

Here is my orginal post on the topic. http://www.hadit.com/forums/index.php?show...c=10981&hl= I couldn't remember - but according to my original post, the regs say that if the child is over 18 - a separate claim should be filed for DIC. But then again: 1. They told me NOT to file a formal claim. 2. All the evidence shows they KNOW he is over 18 because: a. I listed his age. b. They asked for evidence to show he was disabled prior to the age of 18. So I am hoping they don't come back and say that *I* failed to file a formal claim within the time-frame, because I asked to file one, they told me not to, and THEY pursued adding a child over 18 to MY claim instead. Free

I didn't think it was the right thing to do either. Actually on MY DIC / Pension application, I indicated that I did not include my son's income, as I would be filing a separate claim for him. However, here is my IRIS request: (My husband died February 5, 2007) Veteran/Inquirer 06/11/2007 12:18 AM I recieved a letter telling me what evidence I need to send in to establish DIC benefits. My husband had a pending claim for lung cancer when he died.Lung cancer is listed as the cause of death on his death certificate. My husband sent in a significant amount of information regarding his lung cancer for HIS claim. Do I need to re-submit all the information my husband already submitted with his claim? Or can I just submit any additional information I have beyond what he has already submitted - and refer to his claim for the information already submitted to the VA. Additionally, as my son is over 21,and disabled, the guidlines say that I will need to submit a separate DIC claim for him. When I submit HIS claim, will I need to submit all the medical evidence regarding my husband's lung cancer (that you would already have on record from my husband's claim and my claim?) Or can I just refer to my husband's previous claim and my claim in regard to the medical evidence for service connection? Thank you very much for your time,XXXX Response (Department of Veterans Affairs) 06/13/2007 10:09 AM Dear Mrs. XXX: 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, XXXX. 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. Sincerely yours,XXXXX Veterans Service Center Manager163 His age is listed on my application. And they know his age, as they specifically asked for evidence that he was disabled prior to the age of 18. And I specifically asked about filing a separate claim for him because of him being over 21. But they: 1. Specifically told me not to file the separate claim - as they were adding him to MY claim. 2. Continued to request information about him related to my claim, rather than as a claim of his own. In the event that they would later decide that he needs to file his own claim - wouldn't my Iris request be considered an informal claim for benefits? And wouldn't that claim still be pending - as they did not send an application for him to fill out, and in fact, specifically informed me he did not have to file a formal claim on his own behalf? Should I try to clarify this with them AGAIN? And if they say he needs his OWN claim - should I request that they send an application in respect to the INFORMAL claim filed in June 2007? Thanks, Free

Seems like they are doing the IRIS a bit different now. My last one was answered by the National IRIS Response Center. After my response - they have now forwarded it to my RO.

Thanks poolguy! I certainly hope that it is true that someone qualified will handle it. There was quite a deal a couple of years ago about some ROs having VERY low rates of claims being granted - and low ratings. Chicago was one of them. So to "rectify" the situation - they had a special outreach - and if you were within one of those regions - you could contact them and let them know you wanted your claim reconsidered under the special outreach. My husband contacted him - and all that happened was they sent him a cut and paste thing informing him that many things were considered in the adjudication and rating of claims - and basically that everyone was already getting what they were supposed to get. What a farce THAT was. I hope this one is different. Free

Thanks Berta! I hope you are feeling better! I read some of the info on the sites you recommended - and plan to re-submit the evidence and request the special review. I was wondering if I should indicate on EACH page of evidence the date it was orginally submitted, as well as the date it was resubmitted. I wish you luck with this also, Free

Thanks Ricky. Yeah. I am in agreement that I have to make sure the NOD is granted. I cut it closer to the wire than I wanted to. I kept trying to get them to acknowledge my submission of evidence in June - and readjudicate my claim, instead of filing an NOD. The regs say that if you send evidence within a year of them requesting it in the initial letter - they have to readjudicate your claim. I was trying to SAVE time / steps. My evidence was due in June 2008 - BUT they would not send me the C-file copies I had requested in early 2007. In MAY 2008 - I wrote to request an extension on the one-year deadline to submit evidence - since I was STILL waiting to be sent copies of the C-file. They sent the copies in late May and acted like I had JUST requested them....GRRRR. So I sent another IRIS - asking once again for an extension - since I only had a couple weeks from receiving the C-file before my one-year ran out. They responded that they were forwarding the requests to the raters, who would check the regulations and see if an extension could be granted. Since I did not hear back from them by the time it was my deadline - I submitted the evidence I had - and again reminded them that: 1. I had requested an extension. 2. That I had not heard one way or another about the extension. 3. That I was submitting the evidence I had - but continued to request an extension, as I still had not been provided with a copy of the medical report that was used to deny my claim. (*** I STILL haven't gotten that, despite repeated requests) The IRIS included the certified mail receipt number of the evidence I submitted. The response didn't address the evidence - but kept talking about the need to file an NOD - and we had several exchanges where I kept asking them to re-adjudicate my claim based on the evidence I submitted June 6 by cetified mail # xxxx. I even pointed out - I realized I may have to file an NOD - but that I wanted the claim readjudicated, per the regulations - because I didn't want to file an NOD prematurely, wait - get all the way to the BVA - only to have it remanded BACK to the RO because they hadn't readjudicated my claim upon the receipt of the evidence within the one year period. I didn't want to wait a few years just to be back to square one. So instead of filing an NOD - I waited and tried to get them to readjudicate my claim - so that step would be DONE. And this whole conversation started RIGHT AFTER I submitted the evidence. But they just ignored my requests to readjudicate - kept talking about how my claim required an NOD - BUT did NOT bother to MENTION that they had not received the evidence I sent by certified mail (that was signed for). FINALLY, in October - when I asked them point blank about the evidence - they informed me they did not recieve it (and I guess somehow failed to mention that in all the IRIS discussions I had with them in the meantime about the evidence I had sent in June). They even informed me that their was NO advantage in sending anything by certified mail - and informed me to just use regular mail from now on. ACK!!!!!!!!!!!!!!!!!!!!! But then I got a letter telling me they were working on my claim for compensation. And I got a letter telling me they had processed my burial claim (which had previously been lost...several times). So I am not sure if the letter was a mistake - or if they suddenly found the evidence I sent in June and were processing it. I have an IRIS in to ask - but have not heard back. So I went ahead and filed an NOD -- to beat the deadline for that (under their pretense that I did not send in evidence in June). But yeah..I did cut it close. And I wanted to make sure I am on solid ground on the postmark rule before I pushed that point. Free

Thanks! Can I ask what a FL 10-40 request is? I certainly want to do the fast letter. But I also don't want to lose any right I have to appeal. Do I have one-year from the date of them saying my NOD was not timely filed to appeal that decision? Free

I don't think they are automatically added to the C-file - because when I got a copy of my C-file it didn't include my IRIS questions and responses. BUT -- it SHOULD count as written communication with the VA - because it is contacting them IN WRITING in the manner they have specified. I think I have important evidence WITHIN the IRIS communication. For instance, I asked what to do to file separately for my son. They told me two times I should NOT file a separate claim for him, but process him on MY claim. To me, if they later deny him because he should have filed separately - I would think that the IRIS would be an informal claim - and his claim would still be pending, as they had not sent him an application, but advised me to add him to mine. Anyway - when I was unable to access any of the IRIS - I sent another IRIS - and they said they opened the access. But I still could not access them. So they sent me a print out of ALL the IRIS within a couple of days. The nice thing about the print-outs is that they included some information I had not previously been able to see - their notes. For instance, they had called me on the phone when they had lost my burial claim. That was noted on the print outs. Since they sent me a hard copy of the IRIS communications - they MIGHT be included in my claim file now (if they haven't been misplaced yet). But I am not sure. My assumption is that if I want any of the IRIS info included in my claim file - it will be best to send a hard copy to the VA and ask to have it included. So that would be my best advice: 1. Contact the VA and ask for a print out of the IRIS from them (it might just include info that you don't currently have access to - i.e. their notations on the follow-ups) 2. Send a copy of the hard copy of the IRIS to the VA along with any other evidence for specific issues - to make sure it is included in that body of evidence. For instance - when I file the NOD for my NOD being timely filed - I will send a copy of the IRIS I sent informing them that my NOD had been mailed and the certified mail number. When I re-submit my evidence for special consideration - I will send a copy of the IRIS I sent informing them I had sent the evidence, what evidence I had sent, and the certified mail number. In fact, I will send the whole string of that issue - to show that: 1. I sent them an IRIS telling them the evidence had been sent. 2. I kept sending IRIS following up on evidence - and they never bothered to mention they hadn't received it - until I finally asked point blank "DID YOU RECEIVE IT???" How ridiculous -- in all that string of communication - they never once indicated they had not received the evidence - they just kept talking in circles and beating around the bush. I couldn't understand what they were talking about because I kept referring to the evidence I had sent - and they kept ignoring the whole notion I had sent any evidence. But since it is not uncommon for them to ignore whatever your issue is - I never thought to bother to ask if they had received it - because the IRIS told them I had sent it - they never mentioned they hadn't received it - they just kept talking in circles around the whole issue. And I know they had received it because I have a signed receipt saying they did. When the whole purpose of my original IRIS was to tell them that I sent the evidence (including the certified receipt number) - it would seem like if they had NOT received it - they would have included that in their response.

Thanks to all for your responses - and the info on the special consideration for the missing documents. I will certainly follow up on that!! As far as the NOD deadline goes - I, of course, will file an NOD about the VA's failure to accept my NOD mailed before the dealine as timely. Am I on solid ground to ask them to CUE their own decision on the timeliness of my appeal - as it was clearly in error? I was hoping that could cut through some of the BS time. Or do I have to follow the NOD on my NOD all the way through the maze before I can ask them to consider it a CUE. Thanks! Free PS. Betty - what a beautiful and inspiring PM you sent!! ;) Still loving my vet VERY VERY much!!!!!