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"secret Denials" By Regional Office

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broncovet

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Heads up for Hadit Members! I have sent this letter to Congressman Bob Filner, hopefully to be included in the Congressional Record of the hearing on March 3. Has anyone else had "Secretly Denied" claims or appeals?

House Committee on Veterans Affairs

Attention: Mr. Bob Filner: Veterans testimony for record for March 3 “Shredder” hearing

I am a disabled U.S. Navy Veteran who served in the Vietnam Era from 1970 until I was honorably discharged in June 1974. During my military career, I was promoted multiple times and was awarded the Good Conduct and National Defense medals.

In 2002, I applied for Veterans benefits in Cleveland Ohio. The Attorney General has some things to say about the Cleveland RO, and not very much of it is good. According to the VA, as reported by the Cleveland Plain Dealer, Ohio, is in the “bottom 2” of the lowest compensation of any state, http://blog.cleveland.com/openers/2008/04/...k_vasil_of.html

If that is not enough, the “October Incident” put Cleveland in the “bottom 3” of the worst offenders with 55 shredded documents. In spite of being near the bottom in both these categories, the Cleveland RO manager was recently promoted to the Central Office.

There is a big “brain drain” at Cleveland due to the fact that the “Tiger Team” siphons off top Rating Specialist talent leaving Ohio Veterans holding the bag with the lowest skill level of all Regional Office Rating Specialists. .

However, the Cleveland Regional Office has responded with some of the most creative ways of denying claims in the entire VA. During the past 7 years, the VARO has selectively shredded evidence faked claim dates, and spoilated my claim Here are some of the examples of how they did just that:.



    1. Secretly” denied Claims. In 2002, I applied for hearing loss, depression, tinnitus, and TDIU. In November 2002, Cleveland denied the hearing loss claim, and “forgot” about the other claims. (They “forgot” about the other claims by shredding key evidence) Even tho I successfully appealed with the BVA in 2004, and was awarded a “complete grant of benefit sought”, the RO insists the other claims were secretly denied because they contend that in 2002, I applied for “merely hearing loss”. According to an IRIS email, Cleveland AGAIN secretly denied my TDIU claim by “closing” my TDIU claim in 2007 without any decision rendered until the following year. .
    2. Secretly” denied appeals. On March 10, 2004 I filed a Notice of Disagreement (NOD) to a disputed zero percent “award” of benefits. (A zero percent “award” of benefits nets the Veteran the same compensation as a denial) Rather than process this NOD, the RO denied the appeal by “interpreting” my NOD as a “claim for benefits”, thereby completely circumventing the Veterans appeal rights.
    3. Secret Denial through Delay.” The RO can, and has, effectively denied Veterans benefits with an endless stream of red tape delays until the Veteran dies. In spite of being awarded a “complete grant of benefit sought” by the BVA in 2004, the RO continues by contending the Veteran filed for “merely hearing loss” in 2002, contrary to the medical and factual evidence.

I have lost all trust and confidence in the Cleveland VA. On Dec. 18, 2008 I filed a request for “Special Claims Handling” because of shredded documents. It seems that they shredded my request, as they have no record of it, even though I have a Post Office Certified letter receipt for it.

In 2004, I lost my home to foreclosure because the RO shredded my hardship request and delayed my claim still longer. I would just like the benefits to which I am entitled. My Veterans claim has been unreasonably delayed more than 5 years AFTER being awarded a” complete grant of the benefit sought” by the BVA.

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Broncovet -did the H VAC contact you for formal testimony inclusion?

I only know of 2 vets and myself so far that were formally invited to give testimony.I sure hope they contacted more.

There is a lot to getting to that point.

If not- their cut off was Friday at 5PM for accepting the invite and sending them the stuff-- dont be discouraged as your testimony might become part of another hearing.

The H VAC will contact you directly . They DID get plenty of letters from vets and widows regarding this March 3rd hearing and seem to pick certain ones for the hearing based on information the sender gave them.

This was my third letter to the H VAC over the past year and the most important one.I included evidence of my charges.

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Berta

Nobody contacted me except a Veteran from the big apple who said he was a friend of Mr. Davis, the Veterans advocate we spoke of.

We had a very interesting phone conversation. He told me many things I did not know, one of them being that Veterans may now file against the VA at any level in Federal court in their hometown, that we do not have to go to what he dubbed "Kangaroo Kourt" (The CAVC). He said that Veterans being able to sue the VA in Federal court for denial of benefits is some fairly recent legislation. Are you familiar with this?

He claims that Veterans only win about 4% of the CAVC cases and that we have a much better chance in Federal Court...by jury if possible.

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Two class action suits were kicked out but I believe one is still pending-and Veterans for Common Sense is repping these vets-not sure I will check.

If Mike referred you to someone with initials of A.B.-here in NY who called you-

be very cautious of him.I know him and he doesn't understand VA case law at all.

Long story. I put no value on anything this vet says. I hope it wasnt him.But Mike Davis VCV is superb.

A Veterans cannot bypass the CAVC if they are pursuing their claim and the BVA denies it.

After CAVC they do have a way to file in Federal Circuit Court for review.

Mike mentioned someone who wanted to contact me about using my evidence for a RICO case against VA - and I think it was this same vet.

Anyone can file RICO case themselves.I dont see basis for RICO due to shreddergate-yet-

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Berta,

Since your PM's are turned off i'm not sure how or where to address a post about the legal actions that have been taken in the past and the ones that are happening now.

That these issues exist at all is hard to swallow. That nothing has worked so far to change things QUICKLY seems to me to be a crime.

Do you know law well enough to explain how and why this has been so for so long?

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Yes- go to the Inspector General Web site and read some of their past reports on the VA and then listen to the Hearings at the H VAC web site-

In a hearing after the October Incident broke-Congressman Filner, Chair of the H VAC - told the VA that their actions were "criminal".

In another past hearing with former Secretary Peake over the suicide sta fiasco-he told Peake the H VAC would give the VA whatever they needed to eradicate the horrible suicide situation in veterans- Peake didnt ask for a thing and only had a chart showing that suicides in vets appeared to be declining.

He had no stats to support what the chart showed.

I could write a book on how this problem started and still continues.

Veterans have overwhelmed the H VAC again with letters of protest and their personal stories as to how they have become victims of the VA claims process due to the shredding and mishandling of evidence.

I dont use the PM ,email thing-

Everything on Shreddergate is at VA Watchdog site and the IG report will-hopefully soon be public- the public report on the NY RO- at Watchdog is not the actual October Incident audit.

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PS-I dont know how the H VAC is going to handle my testimony-

I named names and gave personal documented info in that testimony which I directed to Secretary Shinseki-

in part it states:

"You have inherited problems that will continue to get worse. The IG audit is not public and so far only the online veterans communities are fully aware of the “October Incident”. The VA has not implemented any viable scenario at all to support the statements in the Fast Letter #08-41."

I have source,for last sentence. Another advocate whose testimony was submitted too- who verified that VACO doesnt have a clue yet as to how to fully implement Fast Letter 08-41 in his testimony.

If we don't continue to pressure VA via the H VACs and Sub Comms, to do something about all this- then we are enabling the VA to deny the future SC claims of men and women who serve now and have yet to deal with the VA.

The committees have had lots of input from vets and widows.

They need more. 2009 can be the Year of the Veteran- when vets refuse to "give back the hill" (a Vietnam combat vet expression but it applies here and to all vets)

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