Sf 180- Can An So Sign It?

[Guest Berta]

As Ginger indicated (unless I misunderstood) the SO or vet rep sent in the SMR request (the SF 180)but I certainly suggested she get a copy of the SOs request.

(the SF 180 copy)

I am looking at the SF 180 right now and wonder

1. does a vet rep or SO with the vet's POA have right to sign this?

2.Why would they if they have a living veteran who could sign for themselves?

Then again I think this is how BG Burkett did it to expose wannabees-

Has anyone out there signed an SF 180 under "other" to get military records for someone else?

I am going to read through "Stolen Valor" later today to see how Burkett did this-

but the point here is

unfortunately I would never believe an SO or vet rep who states that they requested a veteran's SMRs for a claim unless I saw the actual SF 180 and some proof that NARA got it.

It only took 2 months I think for me to get Rod's Navy records and they stated that his USMC records were at the VARO- which is where they should be.

I am concerned about this in Ginger's post and wonder how long the NARA had the request-if they really got it.

Thanks all (maybe Burkett used the FOIA as well as SF 180 for public figures who were stating wannabee war experience?)

[Guest Berta]

I just asked my vet rep's secretary about this-

NYSDVA- they sure cant sign a SF 180 for a vet- the vet has to sign it themselves-

She said they have had family members sign them and NARA kicks them back-

I got them as surviving spouse- had to sign the SF 180 that way-

something seems wrong with the idea that the SO requested them.

Unless he asked the VARO and they have them?

A vet can file this SF 180 on line at :

http://www.archives.gov/

click on the Military service record thing - and, unless they changed it, you will be applying on line and then printing out a bar coded signature page which you have to mail to them to associate with your on line SF 180 request.

[WeAre#1]

If you have a claim pending with the VA, they have your service medical records. When you open your first claim the CA contacts NARA and establishes the claims foldedr with the SMR's. You need to make a request to the VA. This hold true unless VA retire the file back to NARA.

[carlie]

I don't know if this clarifies the SF 180 question or not but it might help.

carlie

SURE DO WISH THESE SMILEY FACES WOULDN"T POP IN ! !

§14.631 Powers of attorney.

(a) A power of attorney, executed on either Department of Veterans Affairs Form 21-22 (Appointment of Veterans Service Organization as Claimant’s Representative) or Department of Veterans Affairs Form 22a (Appointment of Attorney or Agent as Claimant’s Representative), is required to represent a claimant, except when representation is by an attorney who complies with paragraph (:D of this section or when representation by an individual is authorized under §14.630. The power of attorney shall meet the following requirements:

(1) Contain signature by:

(i) The claimant, or

(ii) The claimant’s guardian, or

(iii) In the case of an incompetent, minor, or otherwise incapacitated person without a guardian, the following in the order named—spouse, parent, other relative or friend (if interests are not adverse), or the director of the hospital in which the claimant is maintained; and

(2) Shall be presented to the appropriate Department of Veterans Affairs office for filing in the veteran’s claims folder.

(:) An attorney engaged by a client may state in a signed writing on his or her letterhead that the attorney is authorized to represent the claimant. This evidence of authorization shall be equivalent to an executed power of attorney and shall be presented to the Department of Veterans Affairs regional office that has jurisdiction over the claim for filing the claimant’s claims folder.

© The Secretary may, for any purpose, treat a power of attorney naming as a claimant’s representative an organization recognized under §14.628, a particular office of such an organization, or an individual representative of such an organization as an appointment of the entire organization as the claimant’s representative, unless the claimant specifically indicates in the power of attorney a desire to appoint only the individual representative. Such specific indication must be made in the space on the power-of-attorney form for designation of the representative and must use the word “only” with reference to the individual representative.

(d) An organization, representative, agent, or attorney named in a power of attorney executed pursuant to paragraph (a) of this section may decline to accept appointment as a claimant’s representative by so notifying the claimant and the agency of original jurisdiction in writing prior to taking any action on the claimant’s behalf before the Department of Veterans Affairs after execution of the power of attorney by the claimant.

Note to §14.631(d): Written notification to VA may be submitted via hand delivery, mail, electronic mail, or facsimile.

(e) Questions concerning the validity or effect of powers of attorney shall be referred to the Regional Counsel of jurisdiction for initial determination. This determination may be appealed to the General Counsel.

(f) (1) Only one organization, representative, agent, or attorney will be recognized at one time in the prosecution of a particular claim. Except as provided in §14.629© and paragraph (f)(2) of this section, all transactions concerning the claim will be conducted exclusively with the recognized organization, representative, agent, or attorney of record until notice of a change, if any, is received by the appropriate office of the Department of Veterans Affairs.

(2) An organization named in a power of attorney executed in accordance with paragraph (a) of this section may employ an attorney to represent a claimant in a particular claim. Unless the attorney is an accredited representative of the organization, the written consent of the claimant shall be required.

(g) (1) A power of attorney may be revoked at any time, and an attorney may be discharged at any time. Unless a claimant specifically indicates otherwise, the receipt of a new power of attorney shall constitute a revocation of an existing power of attorney.

(2) If an attorney submits a letter concerning representation under paragraph ( of this section regarding a particular claim, or a claimant authorizes a person to provide representation in a particular claim under §14.630, such specific authority shall constitute a revocation of an existing general power of attorney filed under paragraph (a) of this section only as it pertains to, and during the pendency of, that particular claim. Following the final determination of such claim, the general power of attorney shall remain in effect as to any new or reopened claim. (Authority: 38 U.S.C. 501(a), 5902, 5903, 5904)

[43 FR 46535–46537, Oct. 10, 1978, amended at 53 FR 52421, Dec. 28, 1988; 61 FR 7216, Feb. 27, 1996; 68 FR 8546, Feb. 24, 2003]

Edited January 7, 2006 by carlie

[Guest Berta]

"When you open your first claim the CA contacts NARA and establishes the claims foldedr with the SMR's. You need to make a request to the VA. This hold true unless VA retire the file "

I wish that was always true-that the VA would get them-

I have seen BVA remands that were remanded due to a lack of the veteran's SMRs-

Also veterans should attempt to get them themselves because the VA can say they are not able to get them or they were burnt in the St Louis Fire . I have SMRs right here that VA could not get, and also others

which they said were destroyed in that fire-

A veteran should go to the NARA website and fill ut the SF 180 on line or print it out- and get them themselves-

Another source for SMRs is the SSA administration-

if the VA says they cannot locate the SMRs and the vet gets SSA disability- they are most likely in the SSA file. The SSA needs the veteran's Service Records to determine how much their SSA disability check is.

My husband never told SSA he was in the Navy because he was in the USMC much longer.

He mentioned it one day when we were at their Corning office and the woman immediately told him they would ask for those Navy records- as it would make his SSA disability check higher - it did.

Also a veteran should-if getting SSA disability- consider that their SSA folder holds an IMO and also- as in Rod's case- we were astonished at the detailed info SSA had (an enormous stack)from the Newark VA on his PTSD-yet the Newark VA had sent me a letter stating they had no information on him as a patient there at all.

Edited January 7, 2006 by Berta