Class Action Lawsuit Against The Va

[SouthernBelle]

Is there any way that we can file a class action lawsuit against the VA? I mean, how can WE prove that they shredded our individual documents, and what documents exactly did they shred? I don't think we can prove the actual documents and shredding of said documents, but is proof without a shadow of a doubt necessary to file a class action lawsuit on behalf of EVERY Veteran for the probability or possibility that the VA did in fact, shred our documents? We should look into doing that.

[Berta]

Pete-if a veteran sends or gives evidence to their POA-whether the vet sent it to VA themselves-the POA is supposed to send the VA a 21-4138 asking them to fully consider the evidence and describe it.And to out thatr evidence copy in the POA file.

When the DAV made an email statement to Larry Scott on the latest VA fiasco-the DAV also assured veterans and widows on their POA that whatever they gave the DAV to be sent to the VA- should be documented in their POA file.

Here is copy of his email:

"Statement by the Disabled American Veterans regarding VBA investigations

The Disabled American Veterans is outraged by what appears to be the attempted deliberate destruction of documents pertinent to veterans benefits claims at some Department of Veterans Affairs Regional Offices and serious problems elsewhere. The DAV has urged the VA to take immediate corrective actions to ensure the integrity of claims submitted by veterans.

The VA says that a total of 201 pertinent claims documents were recovered from shredding bins in its St. Louis, Mo., and Columbia, S.C. offices. Individuals associated with the incidents have been identified. Another 58 documents were recovered from shredding bins in Cleveland. The VA says a total of 489 documents have been recovered from shredder bins in offices nationwide, with no discrepancies found at some VA Regional Offices.

National Service Director Randy Reese assures veterans who submitted claims evidence thorough DAV National Service Offices that records are kept to validate that evidence has been properly submitted. Reese said any documents submitted by veterans to DAV Chapter, Department or Transition Service Offices, through DAV National Service Offices have been recorded in DAV’s Case Management System (CMS) and serve as credible evidence of submission to the VA.

The DAV urges the VA to take prompt corrective action to ensure the mishandling of claims documents is not repeated, that individuals found to be responsible are held fully accountable and recommended the VA institute prompt new training programs for VA claims representatives in the administration of claims documents.

Reese said the DAV will cooperate fully with the VA during their investigation and DAV records will be made available for the purpose of assisting the VA to reconstitute their own records.

The DAV believes that this investigation, which Reese says has been the most open in recent memory, will permit VA leadership to act decisively to protect the sanctity of claims records and to increase the professionalism of VA claims adjudicators."

end of email

-------------------------

It is my impression that reps have PC access to filing documents directly with the VAROs on behalf of their claimants-or at least access to their POA offices that are within the VARO buildings.

I know they use fax machines too to get important information for claims to the VARO.

The only paper trail that adversely affected widows and veterans have to re construction what VA should have is if they had a POA.

The DAV told me they destroyed my POA file when I revoked their POA.

I dont think they were supposed to do that.

I think they were supposed to honor the request from my next POA to send the file to them.

ANy veteran or widow whose claim was denied and their evidence was never listed in the SOC-should promptly

take action and find out why that evidence wasnt used and where it is.

Veterans and widows are now in a position of power they never had before-

now if we can prove that our critical evidence was never used -(with denials that never mention the evidence at all)-

therefore-in light of recent VA OIG inspections- the vet or widow can claim that it has been destroyed.

I filed a FTCA claim against VA some months ago charging them with destroying my IMOs.

The BVA recently confirmed they did get them-they simply ignored them-

I am digging out that SF 95 to send it to the H VAC-to show what lengths some of us us have to go to to attempt to get our evidence actually considered.

I await a FOIA response from my present POA- I asked for copies of what I proved to the OGC had been destroyed-by the POA.

The response will be interesting.

But I do expect copies of other stuff they didnt destroy-

it will save me the time any ink and paper to copy it all again for my response to the AMC.

[Pete53]

National Service Director Randy Reese assures veterans who submitted claims evidence thorough DAV National Service Offices that records are kept to validate that evidence has been properly submitted. Reese said any documents submitted by veterans to DAV Chapter, Department or Transition Service Offices, through DAV National Service Offices have been recorded in DAV’s Case Management System (CMS) and serve as credible evidence of submission to the VA.

True enough but what they are saying is that they document that the evidence that is submitted by date and nature but they have no copies of the info submitted. That is not going to be a big help when important evidence is sent and it is lost or shredded.

My recommendation is to make copies or keep a computer back up of all that you submit whether it is with a Service Organization or sent direct. I usually used the SO cause it did prove the date submitted which is valuable.

Berta I respect the great work you have dome on this and other issues and I just want to make sure everyone is clear on what happens. The Service Organization will have a file with information on the Veteran and anything that they submit such as any correspondence that involes a claim written by them but they have zip on the meat and potato's that are submitted.

[Berta]

I thought our correspondence to POAs and copies to VA (meaning our evidence)was the meat and potatoes.

Recently right before the Shreddergate news broke-(and I assume the VA OGC knew this was going to break) the OGC asked me again about what was destroyed or lost by my POA.

After one rep realised my claim had not been handled properly by another POA for 2 1/2 years- he directed me to send him as well as the originial rep copies of every single piece of my evidence -which I did by priority mail.

He handles all claims for NYSDVA in the Western division(western NY-Buffalo VARO)

When I again had to resupply the VARO documents they had apparently lost-I asked him by email for copies of what I had sent him- (i figured let the State of NY pick up the copy tab this time-my ink runs out fast as it is)

He emailed me that his office does not "maintain" documents.

These were considerable packets of evidence he himself told me to send to him-as the other rep and not sent a single thing in my behalf to the VA but put some of it in the POA file on me and kept other stuff from me in his office.

I gave 34 pieces of evidence to the OGC to include his emails.

I knew this rep for 20 years- he sent me in 2004 a long self serving statement of what his Buffalo promotion duties involved (he had formerly been the local rep)

and this email as well showed that he himself was responsible for all claims filed at the local NYSDVA office.

I told the OGC this was the same vet rep who- as my evidence (to include a DRO staement in an SSOC)clearly suggest-who shit canned my IMOs and never maintained the criticl evidence that he himself told me to send to him.

POAs arent going to keep our C file copies or our med recs-they dont have the space for that-

but they have to maintain significant responses from us and they have to have a follow up from their own PCS as to whether they filed 21-4138s etc.

How can a rep properly assist a veteran on their claim if they have maintained an empty POA folder?

[jbasser]

The DAV and the American Legion both have a records keeping policy and each Veteran has a folder that they put the info inside. That is their policy.

Now we know they have a policy my question would be to them: Are you following that policy.

Some do and some dont.

It would be worth our time to dig some policies as record retention up.

Ths entire mess is like trying to boil Nitro. As soon as it starts to expand, Look out.

J

[Berta]

Also many POAs keep contact sheets in the POA folder-

these contact sheets (I have read mine from years ago) provide a trail of what the claimant supplied as evidence and what the POA did with it-

also copies of 21-4138s that should be in POA files will state the date and exactly what the veteran supplied to VA- and a statement such as

(this is from one of the 4138s the DAV prepared for me many years ago)

'The widow's recent evidence for her accrued benefit claim includes copy of the deceased veteran's SSA award letter (enclosed)indicating Mr. Simmons was totally disabled by his service connected PTSD. She cites Washington V. Derwinski and we ask that this evidence be properly considered in her claim for accrued benefits.'

Not only did he send this to VA but I sent the SSA award and the actual COVA case as well.

The POAs should have enough of a paper trail to help many vets and widows-it should even be in data bases in their computers.

but we ourselves are responsible for also keeping copies and proof of mailings of what we sent the VA.

If they do not list your evidence on a SOC -it means they dont have it.

It is lost, missing, or has been destroyed.

If veterans rebutt ignored evidence this way- I am sure that the VA will suddenly find it and then they they will have to address it.

Veterans and widows have more power then ever to get their claims resolved due to Shreddergate.

But this situation is going to add MORE time to the claims process and maybe even a longer wait to get a POAs help with a claim.

Tomorrow the news will reveal even more problems at ROs.

The newest tactic I have observed in addition to sending a non valid VCAA letter-(quaranteed to cause major problems with the claim) at other sites as well as here)is to make sure that costly IMOs sent in by the claimant are never even read by the VA.

The director of the Buffalo VARO got a 10,000 bonus last year and in spite of also getting a copy of my IMOs she continued to support the VA's mantra that I had sent them NO evidence for 5 years.

I am pizzled by exactly what you mean by the meat and potatoes.

[Judy]

"The DAV and the American Legion both have a records keeping policy and each Veteran has a folder that they put the info inside. That is their policy. "

I was told by my American Legion SO that they did not have a copy of a file containing documents that I had sent them and showing what THEY submitted (on my behalf) to the VARO.

This was told to me in a "face to face" meeting at the AL SO's office! I even commented in total disbelief "you mean to tell me that you don't have a copy of a file on my case?" and was told bluntly that "we don't have space to save everything we get on/in every claimant's case".

Judy