Vietnam Service Verified

[rthomass]

I have a document initiated by the Veterans Administration Medical Center to the Veterans Administation Regional Office. VA form 10-7131. In the remarks section it states (top of form block 6) " Vet claiming agent orange exposure. States he was stationed in Nakhon Phanom Thailand. States they sprayed Agent Orange around the perimeter of the basse, which is located 4 miles from the Ho Chi Mihn Trail".

The VARO replied back to the VAMC " Birls shows VADS verified." (BIRLS and VADS are data bases) "Records also show Veteran has Vietnam Service".

I also have via a Freedom of Information Act request have Birls Veteran Information data screen report showing Vietnam Service "Y" (for yes). This was from the Department of Veterans Affairs, Veterans Benefits Administration, Washington DC.

I have to the best of my knowledge never stepped foot in Vietnam; but I do have a Vietman Campaign Medal and the Vietnam Service Medal. I am one confused Veteran.

Berta...Vike17 any help?

Edited July 30, 2007 by rthomass

[Berta]

Merry Go Round? that is a good one too-

Bart Stichman,(NVLSP) in testimony to the HCVA subcommitte last May called it a "hamster wheel".

I liked his term so much I reminded Congressman Filner of it this past week as one more good definition of the VA claims system.

I think the request for dependency info is a good sign-

I did not get any mail from the Predetermination team (who handles this type of stuff) until this past spring asking me if I had re-married.

In my opinion it is part of crossing the t's on a claim-and making sure that the VA has the dependency or marital status verified before any award can be made.

I think your claim is progessing towards an award since they have confirmed Vietnam service.

Then again I sure wish we all had access to our Covers screens at the VARos.

Chuck I received that letter 'we are still working'

a few months ago-

that was nice to know- it has only been there for 4 1/2 years.

BUT-since the fast remand from BVA due to legal error- my claim seems to have had much movement-

I am sending inquiry however Monday to see if my 3 IMOs have again been lifted from the C file-

A preponderance of competent medical evidence awards any claim-

and all competent medical evidence must be considered by the VA.They have not considered any of my medical evidence yet.

I am also preparing a complaint to General Counsel regarding my POA representation-just

in case the MF has shown up again (mysterious force who removes the evidence from c files)

I used to think the MF was paid by VA- but the MF might well be employed by my POA.

Supported by evidence from the POA themselves.

As claimants we have got to be very proactive on our claims-

I recently had to raise Hell over my NOD-sent priority to local reps office, the tracking slip shows it was received,the claims it invilves are in reconsideration status- but I wanted to get it in within the one year deadline and after the attorney for vet regs covered it.

The POA office lost my NOD already and some rep had to access it from my C file, and copy it and bring it from Buffalo to Bath NY -I am checking next week to see if it is really in my POA file and if it was put back into my C file when he removed it-

We not only have to be proactive in double checking VA and our POAs, we also have to know the regs that apply to our claims.

The rep knew in 1998 that an error had been committed in a decision I got.

However he did not advise me to file a NOD .

This generated the CUEs that are being worked on now.

As Tbird says- our motto is Knowledge is Power- and that certainly suns up what our responsibilies as claimants really is-

In KArnas V Derwinski the Court stated:

"The BVA is not free to ignore its own regulations".....in a well grounded claim (all claims today)

"the BVA must apply the regulation and give the reasons or bases expalining why it is not applicable."

The VARO and the BVA have the same 38 CFR regs. This goes for every Regional Office too.

The VAROs are not "free to ignore" any established VA regulation and case law whatsoever in the adjudication of a claim.

If a vet rep or any POA stands by and allows them to-to the claimant's detriment-they can be sanctioned by formal complaint to the General Counsel.

[john999]

Berta

Do you think our letters to congressmen do any good? I have plenty to say about the actual rate of compensation for a 100% vet. In my town a vet gettting only 100% bennies could not afford to buy a house. They could just about survive if they rent a trailer with little to spare. Vets who are totally disabled in service are resigned to a life of near poverty. Homeownership is the American dream and the gateway to wealth but with the median home price nationwide at about 230,000 how does a vet getting 2300 a month afford the mortgage and have anything left? People think 23-2600 a month,wow, those lucky stiffs but they are including what they earn and the compensation in their dreams not one or the other. A 21 year old who is permanently disabled and gets his 2300 a month is going to find himself left out of the dream most people his age have for themselves.

[Berta]

John- depends on who you have as a Congressman and if they have seat on the HVAC or any vets subcommittes-

As well as Senators-

my Senator emailed me he had not had time yet to consider my proposed VCAA amendment-

he has good record in many vets issues but no real expertise in this issue.

All I needed was for him to propose the amendment.

He didnt have to write it.

I also sent him full legal documentation that supported the need for it.

so I spoke to COngressman Filner about it a few days ago and sent it to him.He said he would definitely consider it.

He is VERY determined to get the VA squared away.

As far as claims help- I dont think it pays to contact Congressman/women or Senators-

it only means the letter and the claim then gets to a liason person's desk at the RO- to make up -ooops I mean-

develop a response that puts VA into the best light.

Congress and the Senate cannot adjudicate claims-

but if you get the right one- they will read your complaint carefully.

[rthomass]

Berta I don't want to get my hopes up. I don't even think VA has conceded Vietnam Service but then again the manager at the VARO did state this in his reply back to the VAMC. I frankly think the VARO and the VA are erratic and unpredictable in their actions. VA did not and I repeat did not concede agent orange on their own. They stated it more as a fluke in answering a inquiry from the local VA hospital. Once I found out that this document existed (by I must state a nieve and blabber mouth hospital elgibility clerk)I requested the report data base referenced via FOIA to the VA Washinton and the local VARO. They both sent me the BIRL report citing "Y" for Vietnam Service. Concession ? I wonder? To everyone of sound mind Yes! VA who knows !

The System Is Broken...........and all the King's men won't be able to put if back together. Best to abandon and start from scratch!

[rthomass]

I don't know who to blame anymore. The AMC says they don't have the appeal that it has been remanded to the VARO. The VARO says it is in transit. Be real helpful if the Veternas Administration added a tracking page to their web site that would tell us exactly the status of a claim/appeal. It could also serve all if the page had a section allowing the Veteran to send and receive information. The Postal Service has a Tracking System; The United Parcel Service has a Tracking System; Fedex has a Tracking System; The Department OF Vetrans Affairs has............. YOU FILL IN THE BLANK.

Edited August 8, 2007 by rthomass

[Philip Rogers]

Ya know VN service may just mean served during the VN conflict. My ex's father's gravestone says VN on it and he was in Korea in the mid 60's - never set foot in VN. I think it could just mean that you served during the conflict period. Serving during a period of war has specific VA benefits, such as pension eligibility. Just a thought.

pr