Avoiding Confusion With A Nod

[Bonzai]

Last month, I filed a NOD with a NOVA lawyer. During my meeting with him, my lawyer asked me why I was not recieving additional compensation for having a spouse. So I dug out the letter they sent me in October 2006, denying me additional compensation because I did not enclose official stamped copies of my wife's and my divorce certificates from previous marriages. I have had no contact with my ex-wife since 1990, and I did not have any idea of how I could get a copy of the divorce certificate - I gave up. My ex-wife had sent me a copy of the divorce, but it got lost sometime, somewhere... I didn't even know where my divorce had taken place, as we had separated and I moved to a different state. My lawyer told me the VA had a 'Duty to Assist' me, but the local VSO has refuted that, saying it only applies to Federal records and medical records. Since we are in dire straights now, I researched on the Internet and 'believe' I found the right State to send my request for a copy of my divorce. I have mailed my request and money order, and hope to recieve the copy any day now. But I have questions:

1. Will sending in a VA Form 21-4138 Statement in Support of Claim, to have my wife added as a dependent, make the fine-tuned VA machine grind to a halt on my NOD?
   
2. Is there any way to get backpay to the date of my 30% SC award, which is when the dependent compensation should have started? There are extenuating circumstances I could bring up, but I am afraid of clouding the issue too much.
   
3. The VA wants the original stamped copies that I have paid for, and I am very concerned that they will just disappear. Is there any way to ask for the originals to be sent back?
   

Thanks in advance for any advice, help, and suggestions!

Louis

[Bonzai]

In the letter they sent to me 10/26/06, they also sent a copy of the 12-686 I had submitted dated 10/20/06 and a copy of my 2000 marraige certificate.

As far as providing documentation, in the letter they sent me, it specifically states:

We need a copy of the public record ending your marriage to Robin. This could be a divorce decree or death certificate....

...You should submit certified copies of the public record of the termination (death, divorce, or annulment) for your spouse's prior marriages to ****** and ******.

Robin was my first wife, and the VA was never given a copy of my marraige certificate to her.

Since I have missed their deadline for submitting the documents with in 60 days of the date on the letter (Oct 26, 2006). I am extremely doubtful that I will get any backpay I am entitled to, but I am planning on re-submitting not only the 21-686, but a 21-4138 Statement in Support of Claim explaining the problems I encountered in obtaining the requested documentation.

Louis

[Pete53]

Do it as soon as you can

[LarryJ]

Anytime some individual or organization/government requests an "original" copy of anything that I have, I circumvent sending THE exact original copy, the ONLY original copy that I would, of course, have. Here's how......I simply take the original copy to my bank, wherein resides a "notary public", she/he makes a copy of my original and attaches a "notary statement" where they swear and be damned that the copy of the original is a really copy thereof.

[carlie]

a "notary public", she/he makes a copy of my original and attaches a "notary statement" where they swear and be damned that the copy of the original is a really copy thereof.

Larry,

Legally speaking - this will not hold water.

All a Notary Public can legally attest to is that a specific person, placing a signature to

something is either personally known by them and/or the person has produced legal

documentation to the Notary, that they in fact, are the person placing their signature.

carlie

[Capt.]

Hello,,,,, It looks like you may have a can of worms here. There still may be a way to reopen if you have a CUE or some new material evidence not known at the time. I am not sure how this will be done but I know that some deadlines missed can still be gathered for the veteran's favor. Any statement does not need a notory nor does it need to be proven up in court. A lay statment or buddy statement is very easy and only needs to state what they say or know or observed and at the end of the statement , it closes with "I hereby certify that the information I have given is to the best of my knowledge and belief". with their signature to it. If it is an old buddy from your service days , you will have to supply his DD214 and a phone number and address. I have used the "buddy statement" lay statements alot. They carry weight and can be what tips the scales to the veterans cause. Coupled with IMOs and the proper wording you will prevail eventually. But it still looks like you will be starting over as the period required and requested was missed. I sure hope you the best and please let us know what transpires and the VA's answers. God Bless, NEVER GIVE UP. C.C.