What To Do When The Regional Office Violates Regulations?

[broncovet]

What can we Vets do when the Regional Office Fails to follow Regulations?

Example: The Cleveland Regional Office is supposed to consider all claims and evidence before rendering a decision. Moody vs Principii says it this way:

"the VA has a duty to “fully and sympathetically develop a veteran’s claim to its optimum,” 251 F.3d at 1384 (quoting Hodge v. West, 155 F.3d 1356, 1362 (Fed. Cir. 1998)), and that this requires the VA to “determine all potential claims raised by the evidence, applying all relevant laws and regulations.”

So, what do I do now that the Cleveland Regional Office "overlooked" my claim for more than 5 years, and refuses to acknowledge it?

I filed a NOD in 2004, and the Regional Office ignored my NOD and "interpreted it as a claim for benefits" instead.

What can we Vets do to force the Regional Office to obey its regulations? All my "Statements in support of claim" as well as 3 NOD's from 2004-2008 have simply been ignored.

Edited January 3, 2009 by broncovet

[broncovet]

Berta..

I dont know what a 2138 is..I looked it up and it said something about an order for supplies, but I dont know what that has to do with a NOD?

[rthomass]

Not being a smart butt, but you know your claim got to the people you sent it to when you realize they violated the regs. I have learned that without a lawyer a vet can't win in the gotya game with the VA. If you get a lawyer he will charge you 25% of your money. Also you have to get to a certain stage in a claim before you hire a lawyer is my understanding. My experience is you just FILE, CUE, NOD, APPEAL, IRIS, CALL and PRAY and hope for the best. I have found no real solid outlet to report any violations by the VA. If someone else knows one, please give the address. A Congressman can help some I think.

You can obtain legal representation (laywer) from day one and the fee is no more than 20% of the retro.

[danang_1969]

I have copies of the NOD which was stamped received by the Cleveland Regional Office in a timely manner. Where I got the copy, is that I requested a complete copy of my C-file, and it was sent to me by the regional office, so there is no dispute as to whether or not they received it.

I got upset and filed a Writ of Mandamus 4 years later, largely due to inaction on the NOD. In their response to the Writ, the Cleveland Regional Office claimed that my NOD was "interpreted as a claim for benefits" and therefore not valid. However, this is actually false because there was never any benefits awarded or denied on that date. However, my appeal has been effectively terminated as they steadfastly refuse to take any action on in, in spite of my protests.

It looks like the Regional Office can interpret regulations in any manner they see fit, and I can not do anything about it.

If they can just say that the Veterans NOD was interpreted as something else, they can (and have) simply ignored the Veterans NOD. It is like the wolf guarding the chicken house, and giving any count they want on the chickens.

The VA acts the most ignorant when they get a NOD, read it and know they don't have a leg to stand on to deny it again nor did they in the first place, so they move on to other tatics to deny and confuse the claim.

[carlie]

broncovet,

I feel sure Berta meant to post VA Form 21-4138, Statement in Support.

You posted,

"I believe the Regional Office Decision dated February 20, 2004 is in error for the following reasons:..."...I further stated that "the "disability rating should be adjusted to include tinnitus"

My question, had a claim for Tinnitus been claimed and/or denied at this point ?

carlie

[broncovet]

Carlie..

Thanks for your input. When I filed the NOD in March, 2004, the REGIONAL OFFICE had not acknowldedged my claim for tinnitus..my audiologist had..the BVA had also mentioned it, but the Regional Office "forgot" about it until 2005.. even then, they did not make it effective when I applied for it, but 3 years later when they "remembered" it. That is why I NOD'd it, at least in part, because they failed to consider my tinnitus claim. The VA is required to consider all the evidence and claims before deciding a claim and they cant just "blow it off", as they did to me. Roberson vs Principi points out this in mandated by Congress, as follows:

"VA’s requirement that TDIU be specifically requested “loses sight of the Congressional mandate that the VA is to ‘fully and sympathetically develop the veteran’s claim to its optimum before decision on its merits.’” Norris, 12 Vet. App. at 420 (citing Hodge v. West, 155 F.3d 1356, 1362-63 (Fed. Cir. 1998)). Although Norris does not bind this court as precedent, it is both on-point and informative."

[broncovet]

Da Nang

Thank you, also, for taking the time to reply. And, I tend to agree with you that hiring a lawyer is in order. Altho I should not have to pay 20% to get what I have already been awarded by the BVA

(they awarded me a complete grant of benefit sought in 2004), I will do so.

However, it is not easy to find a VA lawyer! I have checked with 3 lawyers in Ohio, all of them are so busy trying to fix the Cleveland Regional Office errors, none of them are accepting new clients! As far as I know, there are NO OHIO lawyers, experienced in Veterans law, accepting clients. Can anyone recommend a VA lawyer that is accepting clients, that has won your case? I would be most happy to talk to him!

Yes, Pro Bono would be fantastic.

One lawyer, In Illinois, advertises, "NO CHARGE TO VETERANS FOR REPRESENTATION AT COURT OF APPEALS". (Unfortunately, I called this lawyer and he is not taking new cases either) I recall reading something to the effect that, when your case goes to CAVC, the lawyer can ask (and usually gets) his money from the VA when the Veteran wins, so it costs the Vet nothing.