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Helping A Veterans


mobie16r
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I am helping this veterans that is 70% service connected for PTSD.He was medically retire from his job in 2006 because of his PTSD symptoms and we filed a claim for unemployability in June 2006 which was denied May 5, 2007.We got three statements from three different psychiatrist and clinical psychologist stating that he is unemployable and will not be substantially gainful in the future, Twenty five pages of new medical evidence, and three lay letters from wife and family members stating how his life have change since his tour of duty in the Republic of South Vietnam.This evidence, we submitted to regional office in Montgomery Al,asking for a RECONSIDERATION,the Montgomery office broker his claim out to the Regional office in Columbia S.C. May 20 2007 (this is one of the office where they found shredded claims in the bins)and he recevied his decision on his raconsideration September 5 2008 DENIED.On the decision letter in the EVIDENCE section:21-4138 (evidence in support of claim) To include various medical evidence received from claimant.In the section Reason for DECISION; NOTHING IN THIS SECTION.In this section;Entitlment to Individual Unemployability;Entitlment to IU is Denied,because the evidence does not show that you are unable to secure or follow a substantially gainful occupation as a results or your service connected disabilities.Wonder what happen to all of the evidence we submitted? We do have copy's Scary.

mobie16r

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It appears that the Montgomery RO "punted" to claim to the Columbia, SC RO who obvious did not read the evidence that was submitted (We got three statements from three different psychiatrist and clinical psychologist stating that he is unemployable and will not be substantially gainful in the future), then "more likely than not" copied and paste a standard "denial" letter.

He should NOD this in my opinion with that much medical evidence from the doctors.

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I suggest you write to the VAROs Director and CC this letter to the VA OIG-make sure the director knows you are CCing it.

Tell the director what you told us here -

Or send the letter to the VA OIG with copy to the Director-

or you could send it to the H VAc instead or also-

Make sure the vet honors any deadlines-I guess they sent him an I-9 attached to this?

Does he have a vet rep? If so what are they doing about this-

This is a case of the exact crap they are pulling and it has to stop.

Department of Veterans Affairs

VA Office of Inspector General Hotline (53E)

P.O. Box 50410

Washington, D.C. 20091-0410

House Committee on Veterans Affairs

335 Cannon House Office Building

Washington, DC 20515

Subcommittee on Oversight and Investigations

335 Cannon House Office Building

Washington, D.. 20515

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I would do what Berta said to do plus I would resend the evidence in case some of it got caught in a shredder somewhere. Certified/registered remember.

I am helping this veterans that is 70% service connected for PTSD.He was medically retire from his job in 2006 because of his PTSD symptoms and we filed a claim for unemployability in June 2006 which was denied May 5, 2007.We got three statements from three different psychiatrist and clinical psychologist stating that he is unemployable and will not be substantially gainful in the future, Twenty five pages of new medical evidence, and three lay letters from wife and family members stating how his life have change since his tour of duty in the Republic of South Vietnam.This evidence, we submitted to regional office in Montgomery Al,asking for a RECONSIDERATION,the Montgomery office broker his claim out to the Regional office in Columbia S.C. May 20 2007 (this is one of the office where they found shredded claims in the bins)and he recevied his decision on his raconsideration September 5 2008 DENIED.On the decision letter in the EVIDENCE section:21-4138 (evidence in support of claim) To include various medical evidence received from claimant.In the section Reason for DECISION; NOTHING IN THIS SECTION.In this section;Entitlment to Individual Unemployability;Entitlment to IU is Denied,because the evidence does not show that you are unable to secure or follow a substantially gainful occupation as a results or your service connected disabilities.Wonder what happen to all of the evidence we submitted? We do have copy's Scary.

mobie16r

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Berta,MRRRR5 I wrote the congressman in his area a letter Telling everything that i posted on haddit,he did not get a form 9 since it was a reconsideration but his claim still remains open.my plan is to file another reconsideration and submit it back to the RO in montgomery Al and send in more new evidence which he got from his VA clinical psychologist last week, along with copies of everything that was suppose to have been sent, to the RO in Columbia, SC and a copy of the denier letter that he recieved from S.C.I am going to let va know that i have been in touch with the congressman and we have copies of all the ROs that been caught shredding claims,and we are going with the reconsideration again because he have six months, to file a NOD, and a reconsideration is faster,if VA don't act on his claim before then i will have the reconsideration change over to a NOD.

mobie16r

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Berta,MRRRR5 I wrote the congressman in his area a letter Telling everything that i posted on haddit,he did not get a form 9 since it was a reconsideration but his claim still remains open.my plan is to file another reconsideration and submit it back to the RO in montgomery Al and send in more new evidence which he got from his VA clinical psychologist last week, along with copies of everything that was suppose to have been sent, to the RO in Columbia, SC and a copy of the denier letter that he recieved from S.C.I am going to let va know that i have been in touch with the congressman and we have copies of all the ROs that been caught shredding claims,and we are going with the reconsideration again because he have six months, to file a NOD, and a reconsideration is faster,if VA don't act on his claim before then i will have the reconsideration change over to a NOD.

mobie16r

Sounds like a good plan just watch the timeline for the NOD. Montgomery VARO is really screwed up. They probably issue more denials resulting in remands than all the RO's combined. Letting them know that you contacted a congress idiot will only make them laugh. I would do as Berta suggested and write the OIG etc.... and state your concerns about the possible loss/destruction of claims evidence since it was not discussed in the reasons and basis - this is a requirement if they use the evidence to deny the claim which they would have had to do if the doc's all agreed that he was IU. Well we are speaking of the Montgomery VARO and they most of the time simply thumb their noses at the laws of Title 38.

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Hey Sportfans

Does anyone know if the clevelend ohio VA is a member of theShredders Inc? Does anyone have any info on the Tiger Team VA Processing unit? My claim which was supposed to be sent to the DC Board of Veteran Appeals was sent to Ohio. They denied my claim. Okay sportfans, here is the real kicker so I would advise anyone standng to sit down because this is sure to knock you down and drag you across the floor. They said that my claim was a reopened claim. No it wasnt. If they read my c-files they would have known that this was an appeal to the VA Board of Veteran Appeals. I guess they didnt see all of the VA form 9/VA appeal to the board of veterans affairs.

Secondly, I guess they also didnt see the appeals paperwork contesting the illegal reduction of my 100% PT that was originally AWARDED AS A CUE BECAUSE THE VA MADE A ENTIRE ISLAND THE SIZE OF TEXAS, mistakes when they awarded it in 2004 and reduced in 2006 due to an alleged CUE because the same VA that gave it to me now stated that they made a cue in awarding me the 100% despite the evidence that said I was still eligable for the award due to my being unable to obtain and maintain employment.

I do believe that Jethro Modine, Barney,and the average 5th grader could have done a bette job in the proper adjudication of my claim! The VA ia one of few employers that pays their employees to make mistakes.

I suggest you write to the VAROs Director and CC this letter to the VA OIG-make sure the director knows you are CCing it.

Tell the director what you told us here -

Or send the letter to the VA OIG with copy to the Director-

or you could send it to the H VAc instead or also-

Make sure the vet honors any deadlines-I guess they sent him an I-9 attached to this?

Does he have a vet rep? If so what are they doing about this-

This is a case of the exact crap they are pulling and it has to stop.

Department of Veterans Affairs

VA Office of Inspector General Hotline (53E)

P.O. Box 50410

Washington, D.C. 20091-0410

House Committee on Veterans Affairs

335 Cannon House Office Building

Washington, DC 20515

Subcommittee on Oversight and Investigations

335 Cannon House Office Building

Washington, D.. 20515

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