How Can You Disagree With Decision For Start Date Of Dependency

[Bonzai]

I have searched for an answer, and the closest I have found is Carlie's answer in the following post:

http://www.hadit.com/forums/index.php?showtopic=27591

I will be as brief as I can. In Aug 2006, I was awarded 30% and sent in my marriage certificate along with a letter stating mine and my wife's previous divorces. In Oct 2006, was denied having a dependent, because the rater said original copies of the divorce decrees were needed. I had absolutely no idea of how to get a copy of mine, and my wife was to find out how to get hers. During this time, my bipolar condition was rapidly deteriorating and my major concern was trying to keep a hold of my job. I spent a lot of time in the hospital and my medications were changed frequently. I was increased to 50% in Sept 2007, and had to resign my job in Jan 2008. My wife had filed for SSI, and I spoke to her lawyer, who recommended another NOVA lawyer to assist me. Luckily, I was able to file a NOD on my 50% with the year time limit, and the NOVA lawyer said that the VA had a Duty to Assist me with problems in claiming dependents.

So I contacted the VA, who then directed to me to my local Veterans Service Officer. He flatly told me that the VA's Duty to Assist only applies to obtain Federal Government Records, and not divorce decrees. So I went back to the NOVA lawyer, who advised me to contact the state I was married in, and I did so. I was informed by them that I had to contact the state I was divorced in; which I did and sent them a fee to search for it. Luckily, they found it and I finally received a copy. So I sent in the originals with a explanation of the delays in obtaining the requested paperwork. I just recieve my award that they are going to start paying my for my wife as of Aug 1, 2009.

My question: Is it worth pursuing an earlier start date, because I don't feel I was really competent to handle my affairs efficiently as evidenced by GAF scores of 50 (most recent) or 58 (highest during time period in question).

The reason I am not doing this with the NOVA lawyer, is he said that he will get enough from a favorable decision for my NOD on my bipolar condition. Maybe he just figures it is a waste of time, I don't know. But I would really love the start date I feel I am entitled to.

Thanks for any suggestions, even if it's just to tell me to let it go. I can work myself up about these things.

Louis

[Pete53]

For Information.

No one in their right mind would want to give original documents to the VA cause they are idiots and lose stuff and don't return anything.

In the future and for anyone else that the VA says they have to have originals go to your VSO with the Originals and ask them to copy and certify the copy. I did this with my Marriage License and Birth Certificates of my kids.

Its really horse hockey that they did not accept your copies. I guess that they are thinking that you are using computer to make fakes or something. What an insult that is to a VBeteran who has Honorable Service. Damn there eyes.

Sorry for the rant. Included was info on how to deal with Originals. You could also take the Originals to the VARO and have them make copies and certify them

You can get copies of Marriage and Divorce Papers in Texas from any county for 15 or 20 bucks.

[Bonzai]

Pete53,

I did not need to know that no one in their right mind would... I know I am not in my right mind...

If they could fix it, then they can keep their d*mn money, and I could make whole lot more being a productive member of society. Not that I'm not productive, because even though I can't work, I try to volunteer when I can. However, it is difficult to volunteer or make commitments, when one does not know the shape they are going to be in. :o

By the way, I did send in the original certified copies that I had, and they were returned (as I had requested). But I am dealing with the Nashville VARO, which seems to be better at handling paperwork than many others I've seen posted about here.

Louis

[Berta]

"Also, if you lost your job and were hospitalized for your bp why are you rated 50%? Are you currently appealing your rating?"

I was wondering that too-

I read some BVA decisions that determined if "good cause" had be given as to various sorts of things-

Good Cause can be a very high bar to overcome.

I have case at BVA (I think) because I responded to a letter when my POA dumped me.It is a legal issue but they handle these things like claims.I couldnt find a single case like it at the BVA.

Part of my response was that the POA did not give "good cause" for their actions in the letter to revoke me.It is specified in the regs that they do this-they must state what the "good cause" was if a POA revokes any claimant whose claim has been transferred to the BVA.

So I filed a rebuttal with the POA and with the BVA.

My point here is that Good cause is determined on an individual basis involving all the circumstances of the case-

regardless of why -this has to be proven.

Maybe it would be better Bonzai-to focus on whether the rating you got should be higher.

I have a dear friend- a bi polar vet-

who focuses on an additional claim he cannot seem to succeed in.He does get 100% for the bi polar.

He claimed hearing loss due to explosion at Subic Bay.The letter from the Navy said it never happened.No record of it at all???

Sometimes we have to determine where it is best to direct our energy on this stuff-

do I think the decision for the EED on your spouse is wrong?

Sure-I think it is unfair but maybe your rating is really too low and it would be awful to allow the appeal period to slip away on that- if the focus is only on the dependency allowance.

[Bonzai]

My appeal for my rating was filed in a timely manner, which is why I have the NOVA lawyer. I spoke to him about getting my wife added as a dependent, and he told me I could do it myself...blah, blah see posts below.

I believe I will just request that the effective date be made retroactive to my award date of 30% SC because they did not have "good cause" 38 (CFR 3.204) to request my having to get a certified copy of my divorce decree; which was not available in the geographical State I was living in. As someone mentioned earlier, the worse they can do is say no, and they have already done that.

BTW: I did not lose my job! I know where it went...

[Ricky]

That is not true. If your prove the information on previous marriages, and there is no conflicting information of record, the VA is suppose to take your word for it. If the information conflict with what is of record then the VA develops for divorce decrees. The fact that you did not list a marriage on the initial application is not conflicting information. If the you did list marriages adn the information changes on the 686c then you now have conflicting information. Most of the time it is the dates for number of marriages.

Sharon - I think my meds were hard at work during my response - my intent was to say the same as you said, however, I intended to ask him if any of the information on the form could have caused the conflict or if there was something of record, claim from a former spouse, insurance form which lists a previous spouse as the beneficiary etc...... just anything the VA could lock it's greasy little hands around to scream CONFLICT!!!!!! SORRY TO BOTH OF YOU FOR THE CONFUSION and I truly do not know how I got this turned around - after re-reading it I now see the errors of my way hahahahahahahaha

[Ricky]

Huh? By "The development was correct", do you mean I have no basis for asking for an earlier effective date?

I realize that the month of her divorces were not included, but they had taken place 20 and 18 years previously and she did not remember the exact months. So sending the information on the 4138 was not an option. If I did not have to send in the certified documents, then why did they request them? In particular, my divorce decree, which I had no idea of how to obtain, and I had no assistance in finding out how to obtain it. In reviewing what has been posted so far, the VA did not show 'good cause' in requesting my divorce decree, as there was no reasoning given for it according to 38 CFR 3.204.

If the VA is going to hold me to rules and regulations, aren't we allowed to do the same thing to them? Or do the rules only work one way? <=== Sarcasm intended.

It is truly a one-way street my friend. What happened they considered and were right to do so, the filed 21-686c as your certified statement for next to your signature it reads "I CERTIFY..........." So in VA figuring, they figured you did not have the needed information as you certified on the 686c that the info you had was what you had, therefore, they said give us the documents. It would have been nice of them to say hey the form was incomplete as it was missing complete date information for the listed previous marriages of your current spouse ...........