Odd Thing Happened

[Berta]

I went there to see my file at NYSDVA. They had sent me a copy of it years ago.

Not only are my claims missing (again) but the NOD I sent in on June 21,2007 wasn't there.

I have the Priority tracking slip and they said they never got it.

Of course I sent copy to VA and they did get it.

What bothered me is this- there are client notes about me and the broohaha when I complained to them about the way my claims were handled.(dated 2005 and 2006)

The rep did tell the truth about most of how it went (Jan 2003) and admitted he gave me back my copy and never made a copy of it-but he never triggered the claim with the VARO or NYSDVA.(the AO claim) but he never told them he never established the POA on my other claims-

it doesn't matter -the VARO has them on my POA and they get all the mail from the RO anyhow-

but-there was some revealing information there-in the notes- as to the mess in 2005 which is when I realised how screwed up the whole thing was-

Question- the rep gave me a copy of one of the directors letters as I had written on my copy.

I asked for a copy of the client notes too and he refused.

I asked if he would give me the directors number (his boss) but he said he didnt have it so I said well what would you do if I just take them.

He said he would call the cops.

I said I know all the state troopers =so who has juridiction over a state office at the VA?

the VA cops? they will ask you for the directors number ,like I did-just to see if it is true that I cannot have a copy- it is all about me anyhow.

well -we got that resolved sort of -he was afraid to give me a copy and I could understand that-

Question-do I have a right to this info- 4-5 pages or more-

I read it but I need to think about it-

it appeared that no one knew how to handle my situation at all-this is clearly shown by the transcript- it reads like it was a taped phone call.

and now- my NOD is missing----just sent in on June 21, 2007.

The letter from the director conflicts with the info he stated to me in documentation.

I know someone screwed up but that screw up looks higher than I thought-

I also asked the rep to read my VCAA letter and see if it was legal- (the director said it was).

He looked at it and said Nope no way- there isnt even an election form with it. Duh tell me about it-

This illegal VCAA letter is part of the transcribed discussion and someone else was supposed to look into it in Buff POA office and they never did or just didnt care-

I would love to be able to read those documents without some rep hanging over me - do I have a right to them?

Thanks all.

(actually the guy and I started to BS and he does seem to understand claims-but he is only there until they can hire a new rep.

[Chuck75]

Try this for the NY FOIA Cheers!

http://www.nycosh.org/health_safety_rights/foil.html

I went there to see my file at NYSDVA. They had sent me a copy of it years ago.

Not only are my claims missing (again) but the NOD I sent in on June 21,2007 wasn't there.

I have the Priority tracking slip and they said they never got it.

Of course I sent copy to VA and they did get it.

What bothered me is this- there are client notes about me and the broohaha when I complained to them about the way my claims were handled.(dated 2005 and 2006)

The rep did tell the truth about most of how it went (Jan 2003) and admitted he gave me back my copy and never made a copy of it-but he never triggered the claim with the VARO or NYSDVA.(the AO claim) but he never told them he never established the POA on my other claims-

it doesn't matter -the VARO has them on my POA and they get all the mail from the RO anyhow-

but-there was some revealing information there-in the notes- as to the mess in 2005 which is when I realised how screwed up the whole thing was-

Question- the rep gave me a copy of one of the directors letters as I had written on my copy.

I asked for a copy of the client notes too and he refused.

I asked if he would give me the directors number (his boss) but he said he didnt have it so I said well what would you do if I just take them.

He said he would call the cops.

I said I know all the state troopers =so who has juridiction over a state office at the VA?

the VA cops? they will ask you for the directors number ,like I did-just to see if it is true that I cannot have a copy- it is all about me anyhow.

well -we got that resolved sort of -he was afraid to give me a copy and I could understand that-

Question-do I have a right to this info- 4-5 pages or more-

I read it but I need to think about it-

it appeared that no one knew how to handle my situation at all-this is clearly shown by the transcript- it reads like it was a taped phone call.

and now- my NOD is missing----just sent in on June 21, 2007.

The letter from the director conflicts with the info he stated to me in documentation.

I know someone screwed up but that screw up looks higher than I thought-

I also asked the rep to read my VCAA letter and see if it was legal- (the director said it was).

He looked at it and said Nope no way- there isnt even an election form with it. Duh tell me about it-

This illegal VCAA letter is part of the transcribed discussion and someone else was supposed to look into it in Buff POA office and they never did or just didnt care-

I would love to be able to read those documents without some rep hanging over me - do I have a right to them?

Thanks all.

(actually the guy and I started to BS and he does seem to understand claims-but he is only there until they can hire a new rep.

[Berta]

Will do Chuck-

I use FOIA a lot- I got some stuff years ago from USDOL that they should not have sent to me.

They threathened to send a US MArshall here because I would not send it back-

I waited for days and couldnt even hit any yard sales so I called up the US MArshalls office in Rochester and asked when they were coming.

They said Say what?

To make a long and funny story short-

there was some dynamite evidence in that file that helped get Rod his 100% -shame he was dead already-

he loved it when I took the bull by the goonyats ---uh--I mean horns.

I did return the stuff eventually after I copied at all with a beautiful thank you letter.

The VA screwed up to- Rod had a discrimination case against them and they sent me under FOIA ALL the APPS and personal info- SS numbers and all on the other applicants for the specific job.

And they wonder about the data theft rigamorale - but they violated the privacy of 12-15 people in my FOIA response.

If I get lucky they might send me stuff from someone elses file and if they buggered that vet or widow I can help them square it all away.

The rep was pretty upset because he had been reading my file when I got there and I think the other rep told him I was trouble-

but he sure did seem to know alot about claims- even CUEs-

and did comprehend my AO claim immediately.

Edited July 13, 2007 by Berta

[Guest jangrin]

Berta,

Even though they are your POA and the file is yours, and about you I wonder if you are in fact entitled to the notes. What has me wondering or rather questioning whether there is in fact an entitlement to the notes is could they construe that those notes are their work product?

I am not sure work product is actually records of the claimant. My other thought is...anything in the claims file or the POA file on a particlar claimant whould belong to the claimant..especially if the other party was a party to the action in particular the Power of Attorney. If they represent you, then wouldn't you be the boss? Meaning wouldn't your position or request take precedence over their position?

Sounds like subpoena time to me. Hmmm, good question.

Jangrin

[Berta]

Jangrin-I received 2 letters from their main boss - he stated VA law incorrectly , didnt understand evidentiary law in 38 CFR, and I had to send him the actual VCAA and what it really is supposed to generate to the claimant, they had CONSIDERABLE remands at the BVA due to exactly what my problem is,

and get this- he told me that I could expect the same from the VARO regarding my third IMO as I got on the other two-

meaning he is a moonlighter for the VARO as a rater or DRO or a medical professional-employed by the VA-

meaning- he is trying to tell me that the VA can ignore my IMOs and he has already determined their evidentiary medical value-

As I told the Governor-he has no power at all to do that-

and I sent him info on Dr. Bash- who they never heard of before-

as well as copies of the regs he was trying to rewrite.

This 4-5 page document I saw would help me to understand what really happened -it was a big CTA thing-

If I could read it (maybe take a picture of it?) I could determine what really happened-

but they never dreamed in this long back and forth conversation-that I would contact the man who pays them 6 months later.

Heck the VA said some awful stuff about me- it is in the c file-but they sent me all that stuff-it is all here- it is a hoot-

like when they called the cops on me- when I went to the directors office-

crap like that- it is funny-

There are notes from the local VAMC every time I raised hell there when they killed Rod- they said I was wearing a yellow shirt and green slacks and had a big clipboard with me as I confronted the pharmacist.

Hell I wouldnt be caught dead in any outfit like that! I would look like a daffidil.

(I had the clipboard though- I was taking names.They were scrambling. It is Bad news to the VA when they have sent a vet someone else meds and the vet took them and died a few days later)

Monday after I get the story on what happened to my NOD- then I will see about sending a FOIA- to their boss- the Governor.

Thanks for your input.

Edited July 13, 2007 by Berta

[Berta]

forgot- he asked me to apply for the open rep job- another rep did too-

New Yorkers I think it starts at 50,000- 55, 000 annual salary-or more with experience- it is probably posted at the Civil Service NY site- if you are interested -

disabled vets, their wives and widows get preference

I said how do you get to M21-1MR on these computers-

he said we can't -I said what about BVA and CAVC etc -

they cant-

they dont have full internet access-so how the heck can they possibly work on claims?

I dont think there is a updated 38 CFR in the whole place.

[Guest jangrin]

Berta,

If you wanted the job I'm sure they could pull strings for you to get it. I think your time and their money would be much better spent if they

hired you to do the training program they send the vet reps and the DRO's to learn their jobs and expand their knowledge. I think that job pays around 95,000 to 115,000 per year.

Just a thought! :D

Jangrin