hypertension Help Where Are My Mistakes

[Testvet]

Director

Veterans Affairs Regional Office

Garners Ferry Road

Columbia, South Carolina September 4, 2009

To Whom It May Concern,

I find myself objecting to the effective date of my compensation claim, that was awarded after the BVA hearing decision rendered on April 7, 2009, with your award letter dated 4 June 2009.

I had filed a letter to then Secretary Anthony Principi, on November 20, 2002, which he forwarded for some unknown reason to the Director, of the VA in Montgomery, Alabama to respond to me. The date of that response was 6 December 2002, before my American Legion Service Officer had even filed the official claim in later December 2002. This letter spelled out all of the different medical issues, I felt were related to my military service, including “stress” and cardiovascular problems, among numerous other issues.

In January 2003, I began treatment for PTSD, and was officially diagnosed with PTSD in May 2003. The American Legion Service Officer was less than competent, he had numerous personal problems and failed to properly handle the veterans claims from his office in the VA hospital in Augusta Georgia, where his office door stated he was the Governor of South Carolina’s Representative.

He refused to file my claim for PTSD and my appeal for the denial of my heart problems issued by your office in July 2003, in December 2003, I revoked his Power of Attorney and filed all of the issues involved with my claim then. His poor performance was not my fault, I had followed his instructions, and I still feel that the letter to Secretary Principi fills the requirement for an informal claim, despite the failure of the American Legion and the VARO to properly handle it.

It is not my nor my families fault and we should not be punished for it, I am asking for the benefits we are entitled to, if the claim had been properly handled from November 20, 2002. I am SC for PTSD at the 100% rate since December 2003, and 60% for cardiovascular issues, and 10% for hypertension since December 2003, the actual effective date should be November 2002, if the rules for informal claims are followed, I would appreciate your guidance and help in straightening this out. I just want the benefits my wife and son are entitled to, nothing more and nothing less.

I appreciate your assistance in correcting this issue.

I plan on adding copies of the letter to Principi and the Montgomery Ala repsone dated Dec 6 what else should I add or change

25 grand is 25 grand there are only so many chances at it now that I am disabled and in a non adversarial process they should have done the right thing and not attacked me over this I did things right, they didn't nor did the American Legion Rep why should my family suffer due to their errors?

[purple]

jmho....but I would "kill 'em with kindness" rather than go with the negative attack. It's always worked for me. Especially attacking a 3rd party who isn't available to defend themselves isn't looked upon favorably in a professional letter.

Beginning the letter with a negative sentence is never a good idea. I know it's hard not to do...but don't stoop to their level.

I always end letters such as this with "Thank-you in advance for your prompt attention to this very important matter."

Sincerely,

Your Name, etc......

Just my 2 cents worth...

[Eric_M]

I agree with purple. Keep things professional. I'm never warm and fuzzy, just too the point.

I would shorten it up. Tell them what you don't agree with. Tell them what the decision should have been, and add any evidence to that effect.

When I write these up, I think about who's reading it, some overworked govt employee. I keep the wording simple, and I bullet point each issue.

I'm no expert, but it's been effective with all my claims.....Eric

[Pete53]

Test:

I would write my Congress critter and ask them to fix it. They can do that if they want to.

Good Luck

Pete

[broncovet]

I do somewhat agree with Purple, but I like your letter but would add one thing, if this is applicable:

"Due to my advanced age and multiple medical conditions, I am requesting an advance on the docket, as, frankly, I am not sure I will live long enough to make it through still another long appeal process"

[carlie]

Testvet,

You posted,

"I still feel that the letter to Secretary Principi fills the requirement for an informal claim, despite the failure of the American Legion and the VARO to properly handle it."

I hope someone chimes in here with the reg as I do tend to agree with this,

it just depends on what the letter said,exactly.

carlie

[Jayg]

Test:

I would write my Congress critter and ask them to fix it. They can do that if they want to.

Good Luck

Pete

I would never (again) just 'write' my 'congress critter.' In my experience, all that has done is delay things. First of all, your congrep likely will never see the letter. It will go first of all to their office person that handles veterans issues. That worthy will send an inquiry to your local VARO. They will then pull your file from where ever it may thence be languishing and send it to the 'congressional office.' The folks at the congressional office will rather promptly reply to that query with a form letter stating a few minor details of your case, (awaiting DRO hearing, whatever) and that they are doing every thing they can and that all is right with the world.

Your congrep's vet person will then send a copy of that letter to you with a short note to the effect of "If I can be of any further service please let me know." over a rubber stamp of congrep's signature.

In the mean time, who knows how long your file will collect dust in the VARO regional office before finally making it's way back to (the end of the line like as not) where it was before all this started.

Been there. Done that.