Bill Proposed To Senator Schumer

[Berta]

This is my first page that includes the final rewording of the amendment I am asking Senator Schumer to sponsor.

Is anyone interested in asking their representative in the House or Senate to do the same?

I suggest you re-word it in your own words-and tell them if you yourself were adversely affected by a VCAA violation.

I used as evidence to support this request-the 2006 BVA Chairman's report on the remand situation and the impact of the VCAA deficiencies on the high remand rate.

I also used Knight Ridder stats on my VARO-Buffalo-

and enclosed a brief overview of the VCAA from NVLSP.

I didn't attach the whole letter as it refers to my problems with the RO andmy POA as to the VCAA violation in my case-

and other matters that involve Buffalo RO claimants that I discussed in past correspondence to him.

I foresee that the new returning disabled Iraq vets-who are getting some exemplary claims help now-

will at some point become victims of violations of the VCAA.

The amendment I am proposed puts onus onto vet reps to actually read their copy of the VCAA letter that the claimant gets and then to do something about it if it is deficient.

I put the blame for the unconscionable backlog that involves VCAA violations

on the ROs and also on the POA themselves,as they know right away if the VCAA letter is illegal and they don't have to work the claim unless they challenge it.Or the claimant does.

Sen_Schumer_VCAA_page_one.doc

Edited May 23, 2007 by Berta

[Jay Johnson]

Berta,

The letter is written and formatted brilliantly, but, for future letters, I would write out those acronyms, in full, before using the abbreviated form throughout the paper. Though many of us know the various acronyms used by the VA, someone inside of the Senator's office may not, so it may be wise to list those acronyms at least once in the letter.

Proper format for acronyms is to first list the item in question in full, followed by the acronym in brackets, then you can use the abbreviated version throughout the rest of the letter. Example: "The Veteran's Affairs Regional Office (VARO) sent me a letter.....I feel the VARO was incorrect in its conclusions...".

I know it's a small thing, but those little things can make a difference sometimes:-)

Thanks for your efforts.

[free_spirit_etc]

So if we send it to our Senator - should we also mention the other Senators it is being sent to ?

Free

[free_spirit_etc]

I have Durbin and Obama down in my neck of the woods.

Free

So if we send it to our Senator - should we also mention the other Senators it is being sent to ?

Free

[Berta]

Thanks Jay-GOOD point- Senator Schumer has a good handle on VA lingo- as far as I know-

I have had past dealings with him.

At some point most of these men and women in House/Senate voted on the VCAA if they were there in 2000 so they should know what it was for.

When I wrote to my Governor however on a different veterans issue- I had to spell out the acronyms carefully.

Free-yes you could mention I contacted Senator Schumer-in NY -I know of no other Senator who has been asked to propose or support an amendment like this.

The entire BVA is 25 pages long but I sent him the whole thing and an overview of the VCAA from NVLSP and also the actual regs-

Edited May 25, 2007 by Berta

[allan]

Hello Berta,

i've tried downloading several times, but the doc is always empty.

Can you email me a copy?

Allan

[Berta]

Allan -here it is:

Honorable Senator Charles Schumer May 23 ,2007

United States Senate

313 Hart Senate Office Building

Washington, D. C. 20510-3201 Re: Veterans/VCAA

Dear Senator Schumer,

I am asking you to consider sponsoring an amendment to Title 38,USC,Part IV, Chapter 51,Subchapter 1, Section 5103 et al; known as the Veterans Claims Assistance Act of 2000.

I have enclosed a brief overview of the regulation as Exhibit A-1 and Exhibit A-2.

I also offer as support for the need for this amendment the BVA Chairman’s Annual Report for Fiscal year 2006, sent to VA Secretary Nicholson on January 10, 2007. I have highlighted the enclosed copy of the report as to the aspects that support my request to you. Exhibit B.

Also I offer the statistics as of today May 23,2007 at the BVA web site showing 489,779 claims pending in appeal status and 364,073 remands are included in that figure. While not all of these remands are due to the VCAA, most of them are.

I suggest the amendment as thus:

Upon receipt of a VCAA letter that is in non-compliance with provisions within the VCAA as to:

1. lack of specificity as to identifying what evidence the claimant ( veteran or widow of veteran) still needs to send to the VA Regional Office, in a statement within the VCAA letter that is unique to the actual claimed disability(ies) and/or

2. Lack of a VCAA Response/Election form sent with the VCAA Notification

the claimant and/or their agent, representative, or attorney can state in writing to the VA Regional Office with jurisdiction over the claim(s) that a prejudicial error has occurred and that the Regional Office should send the claimant ,with copy to their agent, representative, or attorney, a VCAA letter and/or Election notice that fully complies with provisions within the VCAA to include any applicable Dingess-Hartman statement.

********

The rest was about that fact I never received a VCAA letter and also other issues that I raised with Senator Schumer recently on other veterans issues in our state so this is just page one----