This is my latest round with them: The email trail starts at the bottom and goes to the top.
Dear Mr. Ricky:
Thank you for the additional information. Your inquiry will be forwarded to the Appeals Team to ensure that your request for a DRO hearing is documented.
If we can assist you with anything else, please let us know.
Respectfully,
Michael Fairchild
Service Center Manager-Coach
Veteran/Inquirer 03/08/2006 10:11 PM
Thank you for clarifying that issue. The absence of intent as you have provided leads me back to my original thought of incompetence. VA 21-1 clearly states the avenues for requesting a hearing at the VARO. Those requirements are written letter forwarded via U.S Postal service or fax; or a request via telephone or email. The VA Form 9, block 8 which allows a claimant to request a BVA hearing provides the following warning: IMPORTANT: This block is used to request a Board of Veterans’ Appeals hearing. DO NOT USE THIS FORM TO REQUEST A HEARING BEFORE A VA REGIONAL OFFICE HEARING OFFICER. Therefore, absent a recent change in the laws or VA regulations, you have provided incorrect information.
As a supervisor within the public contact team I would suggest that you review the requirements of your job and become familiar with VA Regulations and operating manuals prior to attempting to conduct those duties required of you and paid for by the American Tax Payers.
I have complied with the requirements placed upon me by VA. My original email requested a meeting with Mr. Fairchild, who by regulation, can conduct such hearings. Although I understand his reluctance to meet with veterans based upon the quality of the rating decisions issued at Montgomery. I also requested a post-decisional DRO hearing via written letter which was received by VA on 3 March 2006 which I fully expect to strangely become “missing or un-received” based upon these emails. Therefore, I once again request via this email that my due process rights be afforded me and I be given a post decisional DRO hearing at Montgomery VARO. This will document and serve as my third request for such a hearing.
Response (Department of Veterans Affairs) 03/02/2006 01:32 PM
Dear Mr. Ricky:
The Veterans Affairs Regional Office does not intentionally provide false or misleading information. The information we provided was correct. You may request a Decision Review Officer (DRO) hearing on the VA Form 9. You would just need to specify what type of hearing you are requesting. You may also request a DRO hearing on a VA Form 21-4138, Statement in Support of Claim or even on a letter. However, please remember that although you request a hearing, it does not extend the time requirements for submission of your VA Form 9.
Respectfully,
Michael C. Fairchild
Service Center Manager-Coach
Veteran/Inquirer 02/23/2006 11:29 PM
The VA 9 is only used to request a hearing at the BVA level. You know as well as I know that if I used the VA 9 to request a DRO post decisional hearing it would add another 3 years to this claim due to remands for lack of due process. Why does VARO Montgomery intentionally provide false and misleading information.
Response (Department of Veterans Affairs) 02/23/2006 09:36 AM
Dear Mr. Ricky:
You have been provided a Statement of the Case (SOC) as a part of your appeal. The next step in this process is your submission of a VA Form-9, Appeal to the Board of Veterans Appeals, within the time limits specified by the SOC. If you would like a hearing with a member of my staff, you may request it via the VA Form-9 and a hearing will be sceduled with the Decision Review Officer. It is the Decision Review Officer that will be making the determination of benefits for your appeal and as such, a meeting is not necessary with the Veterans Service Center Manager.
If you need assistance with any other questions or concerns, please let us know.
Respectfully,
Michael C. Fairchild
Veterans Service Center Manager
Veteran/Inquirer 02/14/2006 11:56 PM
This complaint is intended for the Montgomery VARO Service Manager MICHAEL FAIRCHILD. Dear Sir. Today I received a SOC on my claim. The SOC was the result of a NOD submitted in Aug 05. It is appauling at the poor quality of the SOC which only resulted in the waste of yours and my valuable time along with tax payers money. If your office is not going to follow the rules outlined in 38 CFR pertaining to NOD's then why do you waste the time and money. You may say because it is the law but why worry about that since you do not follow any of the laws any way. From the appearance of this SOC the review must have been conducted by some incompentent idiot you drug off of the street. There are no reasons and bases for the decision; medical evidence submitted was not used and the entire SOC simply matched the original rating decision. This action is a violation of 38 CFR and an indication of the laziness and incompentence of the DRO. The original NOD contained information suggesting that fraud was evident during the first denial of the claim. However, that evidence is not listed nor discussed. Since the SOC has you name on it I assume that your condone such tactics therefore, have become party to the fraud. I will take this issue up with the US Attorneys Office. As I now have proof of the incompetence and criminal intentions at your regional office I am going to send this entire claim to inculde all medical evidence and VA responses the the Disability Commission for their review just to let them know the performance level of the Montgomery VARO. A copy of this same packet will be sent along with a story line to various newspapers just so they can see how our sons and daughters returning from OIF will be treated by your organization. Since I intend to ask for assistance from the US Attorneys Office I demand that I be allowed to meet with you personally to discuss this claim. Please advise me of the time and date you will be available to conduct such a meeting. I will wait for 5 Business days on a response from you office. If after that time you so decline to entertain my request for a personal meeting then I will began whatever legal actions necessary to resolve this issue.
Thank you for your time and assistance in this matter.
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Question
Ricky
This is my latest round with them: The email trail starts at the bottom and goes to the top.
Dear Mr. Ricky:
Thank you for the additional information. Your inquiry will be forwarded to the Appeals Team to ensure that your request for a DRO hearing is documented.
If we can assist you with anything else, please let us know.
Respectfully,
Michael Fairchild
Service Center Manager-Coach
Veteran/Inquirer 03/08/2006 10:11 PM
Thank you for clarifying that issue. The absence of intent as you have provided leads me back to my original thought of incompetence. VA 21-1 clearly states the avenues for requesting a hearing at the VARO. Those requirements are written letter forwarded via U.S Postal service or fax; or a request via telephone or email. The VA Form 9, block 8 which allows a claimant to request a BVA hearing provides the following warning: IMPORTANT: This block is used to request a Board of Veterans’ Appeals hearing. DO NOT USE THIS FORM TO REQUEST A HEARING BEFORE A VA REGIONAL OFFICE HEARING OFFICER. Therefore, absent a recent change in the laws or VA regulations, you have provided incorrect information.
As a supervisor within the public contact team I would suggest that you review the requirements of your job and become familiar with VA Regulations and operating manuals prior to attempting to conduct those duties required of you and paid for by the American Tax Payers.
I have complied with the requirements placed upon me by VA. My original email requested a meeting with Mr. Fairchild, who by regulation, can conduct such hearings. Although I understand his reluctance to meet with veterans based upon the quality of the rating decisions issued at Montgomery. I also requested a post-decisional DRO hearing via written letter which was received by VA on 3 March 2006 which I fully expect to strangely become “missing or un-received” based upon these emails. Therefore, I once again request via this email that my due process rights be afforded me and I be given a post decisional DRO hearing at Montgomery VARO. This will document and serve as my third request for such a hearing.
Response (Department of Veterans Affairs) 03/02/2006 01:32 PM
Dear Mr. Ricky:
The Veterans Affairs Regional Office does not intentionally provide false or misleading information. The information we provided was correct. You may request a Decision Review Officer (DRO) hearing on the VA Form 9. You would just need to specify what type of hearing you are requesting. You may also request a DRO hearing on a VA Form 21-4138, Statement in Support of Claim or even on a letter. However, please remember that although you request a hearing, it does not extend the time requirements for submission of your VA Form 9.
Respectfully,
Michael C. Fairchild
Service Center Manager-Coach
Veteran/Inquirer 02/23/2006 11:29 PM
The VA 9 is only used to request a hearing at the BVA level. You know as well as I know that if I used the VA 9 to request a DRO post decisional hearing it would add another 3 years to this claim due to remands for lack of due process. Why does VARO Montgomery intentionally provide false and misleading information.
Response (Department of Veterans Affairs) 02/23/2006 09:36 AM
Dear Mr. Ricky:
You have been provided a Statement of the Case (SOC) as a part of your appeal. The next step in this process is your submission of a VA Form-9, Appeal to the Board of Veterans Appeals, within the time limits specified by the SOC. If you would like a hearing with a member of my staff, you may request it via the VA Form-9 and a hearing will be sceduled with the Decision Review Officer. It is the Decision Review Officer that will be making the determination of benefits for your appeal and as such, a meeting is not necessary with the Veterans Service Center Manager.
If you need assistance with any other questions or concerns, please let us know.
Respectfully,
Michael C. Fairchild
Veterans Service Center Manager
Veteran/Inquirer 02/14/2006 11:56 PM
This complaint is intended for the Montgomery VARO Service Manager MICHAEL FAIRCHILD. Dear Sir. Today I received a SOC on my claim. The SOC was the result of a NOD submitted in Aug 05. It is appauling at the poor quality of the SOC which only resulted in the waste of yours and my valuable time along with tax payers money. If your office is not going to follow the rules outlined in 38 CFR pertaining to NOD's then why do you waste the time and money. You may say because it is the law but why worry about that since you do not follow any of the laws any way. From the appearance of this SOC the review must have been conducted by some incompentent idiot you drug off of the street. There are no reasons and bases for the decision; medical evidence submitted was not used and the entire SOC simply matched the original rating decision. This action is a violation of 38 CFR and an indication of the laziness and incompentence of the DRO. The original NOD contained information suggesting that fraud was evident during the first denial of the claim. However, that evidence is not listed nor discussed. Since the SOC has you name on it I assume that your condone such tactics therefore, have become party to the fraud. I will take this issue up with the US Attorneys Office. As I now have proof of the incompetence and criminal intentions at your regional office I am going to send this entire claim to inculde all medical evidence and VA responses the the Disability Commission for their review just to let them know the performance level of the Montgomery VARO. A copy of this same packet will be sent along with a story line to various newspapers just so they can see how our sons and daughters returning from OIF will be treated by your organization. Since I intend to ask for assistance from the US Attorneys Office I demand that I be allowed to meet with you personally to discuss this claim. Please advise me of the time and date you will be available to conduct such a meeting. I will wait for 5 Business days on a response from you office. If after that time you so decline to entertain my request for a personal meeting then I will began whatever legal actions necessary to resolve this issue.
Thank you for your time and assistance in this matter.
VA Home Page / Search / Site Map / Facilities Locator / Disclaimer
Privacy & Security Statement / Freedom of Information Act / Contact the VA
Reviewed/Updated: November 18, 2004
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