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Confusedvet1
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Posts posted by Confusedvet1
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Getting close on this. National call center is being problem child and I feel like I'm finally figuring out why the VA sucks. The main problem is the fact that the VA is so decentralized it can't be effective which effects morale and retaining good employees.
I'm working with FOIA people and provided them with a recorded call that the national call center did not provide them to hopefully get this sorted.
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Just thought I would update again. Still nothing lol. I emailed the FOIA office again asking for a tracking number if available so I can track it's progress online. I haven't heard back about they either which is strange but I'll give them another week or so and reach back out.
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On 7/1/2021 at 4:39 PM, GBArmy said:
Remisdad Low priority. In the mail??? It takes now 3 weeks to receive a decision letter to me from the date of the letter. Best we can do is count 10 business days, not counting the decision date and not counting Saturdays and Sundays. Then you can call and request them to email your decision. Takes them 5 minutes; they do it right away. If you get a hassle, ask for the supervisor. If you still get a hassle, get his or her name and what VA regulation or policy are they using to delay. It's BS.
The actual regulation regarding how long you have to wait before they can email letter is contradictory. It states 10 mailing days then also says 14 calendar days while I've gotten the operators at national call center to admit 10 mailing days includes Saturdays.
Ive spoke with multiple people about making people wait and they have said it's about protecting veterans LOL. There are "privacy" concerns about making the letters available immediately online. You also can't waive that privacy concern and I have yet to get an explanation on how waiting 10 mailing days makes your privacy anymore protected.
My problem with all this is that it effects your due process rights IMO. For example you get a final decision letter from BVA and you see part of it is denied. Well you don't know why they denied something until you read it. BUT you only have 120 days to file with US court of appeals which starts the day they mail the letter. Problem is they don't actually mail the letter the day they say they do and they make you wait the minimum of 10 mailing days before sending it to you electronically. So not only does the justification for their policy not make sense but it also deprives you of time to get your appeal ready and submitted.
When I brought up the fact that I can see my VA medical records online they said it's a different department in VA with different policies.
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That's crazy, it should take that long to send a specific exam report.
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Just thought I would update. I'm sure I'll be disappointed but hope to have my FOIA request fulfilled this week.
The national call center has been having some IT problems apparently.
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17 hours ago, blahsaysme2u said:
should pin this info somewhere if not already. i wish i had seen this info when i was trying to get my C-file
C files can be done by sending in foia request to the evidence intake center as well I believe.
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I reopened iris inquiry again and said I would appreciate the actual laws and regulations relating to making veterans wait for decision letters etc. They also couldn't confirm if I sent foia request to right person since they don't have any updates guidance since the days of faxing or mailing them into the evidence intake center.
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I just emailed my request to this email foia.vbaco@va.gov addressed to Angela c Davis. As of November 2020 the VA accepts foia requests electronically as well.
I still need to call Peggy tomorrow and have them reopeny iris inquiry because they haven't addressed questions or sent me the information that I just requested via foia
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4 minutes ago, Berta said:
That sounds like a FOIA template I have used since 1995, way before the VA was on line..
It covers all basics on FOIA but a FOIA has to be as specific as possible,
I have used FOIA regarding local Government, NY State Gov and even the US Drug administration., and have had few FOIAs to VA Central Office in DC.
Your Specific VARO might well have a FOIA officer And./or maybe the RO district VA counsel might be who you should send it to.
Have you googled your specific VARO at va.gov, to see what they have on their web site. for FOIAs regarding their records?
To add, the 20 day or 21 day response you get, is SOP, the actual response will take longer.
In my experience I directed the FOIA by including the name of the exact person)s) or place, where the info should be found.
In other words my last FOIA went to VA OGC in DC and mentioned a OGC lawyer by name and stated that they would find the info ,from him or his office ,regarding a specific incident
One of my FOIAS took many years to be resolved.
One O sent a few year ago to the Main VA FOIA officer * regared the BVA. I got quite a bit of ino a few weeks later.
* It was Margaret Peake m VACO ( VA Central Office)
(she even called me up to get a little more info on my request and then she fulfilled it.)
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Should I make mine more specific? I'm just looking for the information that was associated with the iris inquiry that both operators told me was in there. One operator said the letter was sent may 14th (never got anything) and a later supervisor saw there was a bunch of info associated as well but that it wasn't closed yet. What I ended up getting was an email response unrelated to anything I asked for. So it's hard to be very specific about what I want when it's being hidden and denied to me. To me my request seems pretty straight forward and hopefully not to complex. The information I want is also in the iris system and not my claims file which is another reason why I don't know where to send request. This information isn't claim specific to me either.
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So I found a sample letter on VA website and used that as a guide and added more to it. This is likely what I'll end up sending with additional information filled out once I figure out where I need to email it since there are a lot of FOIA officers in different parts of VA. I'll call Peggy tomorrow and ask where to send it as well to open up the iris inquiry again.
Address
Address
Date of request
Department of Veterans Affairs
<<Office you wish to submit your request to>>
<<Office Street Address>>
<<Attn: FOIA Officer’s name>>
Dear <<FOIA Officer>>:
This is a request under the Freedom of Information Act.
I request that you submit a copy of all records and documents associated with iris inquiries xxxxxxxxxxx and xxxxxxxxxxx. Including but not limited to any documents, records, VA internal communications, etc regarding those inquiries. I'm also specifically looking for the information associated with one or both of those requests referenced by an operator at the 1-800-827-1000 phone number on May xx with a call starting time of approximately xxxxxx EST. Also the information I'm looking for was referenced on a call on May xx that started at approximately xxxxxx EST which was escalated to a supervisor who informed me there was a lot of great information associated with my inquiry including but not limited to PDFs.
I would like this information to be provided to me in electronic format and by email or secure email.
I am willing to pay up to $250 for the processing of my request if required by law. Please notify me if you estimate the fees to exceed this amount.
I believe my request may be entitled to a fee waiver as well. Based on the telephone calls referenced above I believe this information is in the public interest including but not limited to understanding how the VA operates and the information I seek is not primarily in my commercial interests.
If you have any questions, I may be reached at xxx-xxx-xxxx but I prefer communication by e-mail at xxxxxxxxx@xxxxx.com
Sincerely,
Xxxxxxxxxxxxx
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Part 1 of figuring out FOIA request.
This is my first time doing a FOIA request. First place I started reading was here https://www.foia.gov/how-to.html to start figuring out the process.
This seems like an important section "A FOIA request can be made for any agency record. You can also specify the format in which you wish to receive the records (for example, printed or electronic form). The FOIA does not require agencies to create new records or to conduct research, analyze data, or answer questions when responding to requests."
So I just have to figure out how to word my request to get the information I'm looking for.
Any suggestions? I'm thinking something like.
To whom it may concern,
I am requesting any and all documents and records pertaining to iris request xxxxxxxxxxxxxx. Including but not limited to , internal government communications regarding the iris request, notes from call center when I called regarding that request, documents , PDFs, etc that were associated with the request and referenced by call center supervisor on this date at this time. I request this information be provided in an electronic format.
Thank you
I still have to look at VA website to see what the process is for them to make sure I submit it using there rules.
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2 hours ago, Berta said:
Confused vet --I went back to your posts and found your remand:
I regret I thought this was a VA cluster ----, as I think you are misinterpreting the remand:
https://community.hadit.com/topic/82577-complicated-mess-need-advice/page/4/#comment-508179
"ORDER
Entitlement to an initial disability rating of 10 percent, but no higher, for surgical scar, right wrist status post tenosynovectomy for the period prior to October 15, 2020 is granted.
Entitlement to a disability rating in excess of 10 percent for surgical scar, right wrist status post tenosynovectomy for the period from October 15, 2020 onward is denied."
The BVA gives a full rationale for the decision-I hope others read it all and opine on it.
It appears that you were granted retro at 10% from the date of the tenosynovectomy up tp October 15, 2020.
I assume your issue is with the lack of 10% from October 15, 2020 'onward.'
The lack of continuance is probably due to a C & P exam result, and can be appealed,if the RO denies it.
That sure might need to be overcome by a strong IME.
Or by requesting a better C & P exam. If it was done by QTC LHI, or VES they have contact info here and other vets have gotten better C & P exams by complaining to them.
Some have even called the White House ( Trump's vet Hot line) which I hope is still in existence:
1-855-948-2311
If the examiner manipulated anything in the exam the BVA based their decision on ,to your detriment, you need to get that fixed.
I suggest you get a copy of the C & P exam that denied that rating.
I also now feel you are approaching this wrong-
when I asked somewhere here , if this was a BVA remand, you said no-but it was a remand.
BVA remands take time to be implemented.
I spoke with Peggy about my award letter as well as with my lawyer. My understanding is that the BVA decision says they owe my backpay prior to oct 2020 which is the effective date the VA gave me when I got new C&P exam because the BVA said the original one wasn't complete. The RO said the new exam is the first diagnosis of painful scar. However the judge in BVA decision says that there are lots of complaints going back in time and that my effective date should actually be earlier. It also says that I'm not entitled to more then 10% (I agree completely). But i am entitled to 10% moving forward for the scar.
it doesn't change my over all percentage though (currently at 30%).
ETA: the original exam said there was no pain which was a lie and why I got it documented medically and the judge saw that in my records which is why he brought it up in decision.
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6 hours ago, Scottish_Knight said:
In 2021, one would think all government departments and agencies could upload documents into an online - logged in account. I for one would find it very helpful and brilliant as I am tired of the four months to receive a letter. If we can upload documents for the VA, then they surely can do it for us.
I recently contacted DFAS about a document they require. My only option is to post it.... that or I was asked if I had a fax machine! A fax machine?!? In 2021!?!? I was pleasantly surprised that morse code and the pony express had been finally determined obsolete.
It's so funny you bring this up lol....... I was told by a Peggy supervisor among other things that they can't put letters online for veterans to see instantly because of the privacy act (wouldn't tell me what one and made it sound like there is a super secret one for VA employees????) And it would also affect appeal rights (wouldn't explain how when I asked) . The kicker though is that the other reasons they can't put the letters online for veterans to see because it's sensitive private information. So I asked why I could download my VA medical records and view those? The supervisor then said that's a different department of VA and they have their own rules and policies.
So am I to conclude that the VA as whole has determined that award letters are more private and sensitive then medical records? I guess that's why in past I had a VA Dr tell me I had a heart condition and gave me a ekg printout (she didn't give me an EKG lol) and told me to take it to cardiology. Well that ekg was for a veteran of the opposite sex and 20 years older with that veterans name on it and clinic name!!!
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Ok I'll do that then in the hopes it inspires other veterans to do the same in the future. Any idea what section I should put it in on this forum?
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If I end up going FOIA route to get the information would anyone be interested if I started a thread that chronicled the process? I've never done one before.
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4 hours ago, blahsaysme2u said:
again, par for the course....i hate calling Peggy.....it upsets me so much and ruins my whole week everytime i have to call there!
Ask for supervisor and keep calling back and asking for supervisors. I've found there are helpful people that care about doing right thing then there are just as many who don't care and want to get you off phone by telling you any half truth that works.
Don't forget if you ask for supervisor they have to transfer you, it's there policy.
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Update:
I got email response withing 45ish minutes I think after talking with Peggy. However again they didn't answer my question so Monday I'll call again and open the inquiry again and I'll contact my congressional representative of they don't answer again and file a foia for the information that was going to be given to me that wasn't.
Here is the answer I got this time. Which didn't address the specific policies , regulations , and rationale.
Either way I'm going to keep this inquiry open until they answer my questions so they can't later say I didn't keep it open and I must of been satisfied with the answer.
This e-mail from the Department of Veteran Affairs (VA) is in response to the inquiry received on June 4, 2021 regarding clarification on policies and procedures. In order to provide fair, consistent, and equitable treatment to all service members and their families, laws and regulations have been set forth by Congress. The Department of Veterans Affairs is required to adhere to the laws initiated by Congress in order to protect the integrity of our mission.
Thank you for contacting us. If you have questions or need additional help with the information in our reply, please see our other contact information below. ***Please Note: This email was sent from a notification-only address that cannot accept incoming email. Please do not reply to this message.
Thank you for your service,
Regional Office Director -
Hi Berta,
This thread was started because I was told by Peggy an iris request I submitted about policy and regulation was going to yield great results as far as how the VA operates and not relating to my specific claims.
As far as my specific claim I did get the letter. I was granted an EED but didn't give a specific date. It was sent to RO to determine new effective date but it's not a remand.
The denial was for award in excess of 10% for scar which I agree with the BVA.
So the issue I'm fighting now is the fact 2 different Peggy operators told me to expect a lot of good non claim specific information. A supervisor made me promise to share the info coming my way with other veterans. What I received was an email yesterday saying status of my claim which wasn't the question I asked and I never received all the "good information" I was told to expect.
First supervisor today refused to open inquiry back up for me because she "answered" the questions in request but wouldn't answer my follow up questions to understand and clarify what she meant so I could read it from the source. She then refused to let me speak with another supervisor and she was getting upset with me so I called back and spoke with another supervisor who reopened the iris inquiry for me because my questions weren't addressed at all in their response to me.
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Called VA today. Spoke with a supervisor who wasn't very helpful. She refused to reopen iris inquiry because she said she answered the questions in it even though the email I received didn't. I was asking her questions on her answers because I wanted to make sure I understood them because working in a call center in my past I'm good at recognizing non answers and beating around the bush. She started getting upset and I could tell be her voice and talking under her breath she was very stressed so I told her I would just call back because she refused to transfer me to another supervisor.
I called back and asked for a different supervisor who then admitted the email response didn't in any way address my questions and he reopened it for me reiterating what I was looking for and he said they have 5 business days to respond.
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Unfortunately not the update I wanted to give..... I got the email today and was not even in the ballpark of what I asked for or was told I was getting. I was told by Peggy there was a ton of info coming my way and that I better like to read.
What I received was essentially them saying there was a decision from bva and it was mailed to me. I didn't ask about that at all so tomorrow I call back and ask to speak with supervisor and reopen request and ask where all my information is I was promised.
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Hello,
I was hoping someone could help me find the law, regulation or official policy and guidance regarding retroactive backpay.
Specifically I'm looking for the official written rules regarding the calculation of back pay using the various rates of each year.
Basically I want the rules that say why they don't pay your backpay at the going rate and use the rates from all the years they didn't pay.
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Also the information I'm getting isn't claim specific to me, I don't know for sure but it sounds like this is information on how the VA works or at least some information that should be very useful to all veterans in their fight.
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9 hours ago, Mr cue said:
Yea I am going threw the same thing about the ssoc been send may 12.
It's the 24 and I still ain't receive it.
So my 30 day to respond to the ssoc are gone June 12. And they tell me they will seen another so I guess I get 6 day to respond now lol
This isn't legal and I am in ny I get letter from cavc or bva in 4 or 5 days.
If my case wasn't moving I would do a writ to the court about this violation
If it's been over 10 mailing days call the 1000 number and ask them to secure email it to you.
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Pretty stocked and can't wait to get this info and share it.
I recently submitted an iris claim asking about the 10 day policy of waiting after letter is sent with a decision and why they can't make it available online immediately and rationale for their policies etc.
I've spoken to 2 people so far at the Peggy line and both have said that they are jealous (one actually is asking to have the info sent to their management team) of the information being put together for me and that they hope I like to read. One told me I better share this info with other veterans as well so my hopes are high for some really great information to share.
Hopefully more to come by end of next week at latest.
Hopefully some really good info for all soon!
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
My office is about an hour and a half away. The congressional liaison I spoke with at the office said it's usually possible to make a same day appointment to get my records like you say. However the VA website only provides the Peggy line as contact for RO and obviously they can't really make same day appointment since they are on other side of country from me.
I also learned something interesting. Apparently when they email you a copy of a decision if it's been over 10 days they are actually violating the privacy act since you didn't submit a request for it in writing with your signature. Now if they did require that then we all know it would likely take months to get it which would severely impact your due process rights for appeal.