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.

[JamesBreckenridge]

This. And what did the letter from your VARO say after the Secretary forwarded it to the RO? "We are working on your claim for..."? That makes it sound like an informal claim to me.

What effective date was used? Did they give a rationale for why that particular date was used? Does your original rating decision say "We received your original claim on SOME DATE"?

Effective dates can be tricky sometimes.

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

[darkhorse]

Writing my Congressman delayed my claim for 6 months while they needed to get my file and all that BS.

They, the KIDS that work at Congressman's office, did nothing to help my claim.

I would not write to your Congressman unless you're in dire straits or you want your claim delayed.

dh

Test:

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

Good Luck

Pete

[Pete53]

A Congressperson can work around something that VA will not allow a Veteran to win by legislation.An example is when a Widow does not qualify for DIC but special legislation enacted allows VA to award it. They also can fix things for timely filing and other problems that cause denial

[darkhorse]

In agreement that there are special circumstances but if you're just trying to get Congressmn to speed things up it might bite you in the back like it did me.

DH

A Congressperson can work around something that VA will not allow a Veteran to win by legislation.An example is when a Widow does not qualify for DIC but special legislation enacted allows VA to award it. They also can fix things for timely filing and other problems that cause denial

[Testvet]

The letter to Principi spelled out all of my medical problems and all of the possible causes the first Gulf War, the attempted murder and robbery in Alaska, the human experiments at Edgewood Arsenal in 1974, for some reason Principis office sent my letter to the Director of the Montgomery VARO, I filed my claim in Columbia SC my American Legion Rep lied to us and said we could only file one issue at a time so we filed for heart problems in Dec 2002 they denied it in July 2003 then the SO refused to file my claim for PTSD since it was not combat related, he just made a mess out of my claim in Dec 2003 we found out he had never filed the appeal for the denial on the heart issue nor had he filed for PTSD from Hadit I learned you can file for everything at once, so my wife and I revoked his POA and we filed the claim in Dec 18, 2003 so that is the day they have used for the effective date, if Principi had sent the letter to Columbia they should have opened a claim with all of the issues I listed in his letter, instead of PTSD I called it stress, cardiac problems GERD, ED, Bad back, hemmeroids, tinnitus but with 25 grand at stake I don't think it can hurt to at least ask since I have copies of my letters and the reply dated Dec 6 2002 from Montgomery I feel like I stand a 50/50 chance

[broncovet]

Regulations defining an Informal claim are as follows:

http://ecfr.gpoaccess.gov/cgi/t/text/text-...2.5&idno=45

In this regulation it states:

"© Any communication, letter, note, or memorandum from a claimant, or the claimant's duly authorized representative, or a person acting as next friend of a claimant who is not legally competent, setting forth sufficient facts to apprise the Commission of an interest to apply under the provisions of sections 5(i) and 6(f) of the Act, will be deemed to be an informal claim. "

Further, Mingo vs Nicholson says that the VA can not ignore an informal claim:

1. In Mingo vs. Nicholson it states:
   

“VA is required to identify and act on informal claims for benefits. 38 U.

S.C. 5110(:D(3) (2006); 38 C.F.R. 3.1(p), 3.155(a). The Board commits remandable error when it fails to consider evidence that may be construed as an earlier application or claim, formal or informal, entitling the claimant to an EED See 38 U.S.C. 7104”

IMHO in your NOD you should state the above regulations, and, further, I agree that you are entitled to an EED because your letter meets the requirements, as above.

[Testvet]

thanks Bronco I have nothing but time and I know I will get a fair shake from BVA where as I know I won't from the VARO after more than 7 years they have never gave me a break they have made me fight tooth and nail for everything but I did win lol

[broncovet]

If the VA has failed to formally acknowledge receipt of this informal claim (letter), then evidence in your claim file was mishandled/shredded. You need to file a "Special Handling Request" before November, 2009.

Sample Special Handling Request:

Jones, Robert

123-45-6789

The above named Veteran hereby requests "Special Claims Handling" due to evidence which may have been shredded/mishandled by the VA Regional Office (Secretary Principii, VSO, etc). On Sept. 1, 2002 the above named Veteran filed an informal claim for benefits with a letter to the Secretary. A copy of that letter which may have been lost or mishandled is included.

The "VA is required to identify and act on informal claims for benefits. 38 U.

S.C. 5110( :D (3) (2006); 38 C.F.R. 3.1(p), 3.155(a). The Board commits remandable error when it fails to consider evidence that may be construed as an earlier application or claim, formal or informal, entitling the claimant to an EED See 38 U.S.C. 7104"

The Veteran contends that, since the effective date of the RO decision dated Dec 9, 2008, was not consistent with the date of said letter, this letter may have been lost or shredded by the VARO.

The Veteran has timely filed a NOD to the Dec 9, 2008 RO decision disputing the effective date of the award on August 31, 2009 and hereby requests this letter be submitted as evidence of an earlier effective date. The result of this mishandling of evidence is that the Veteran has not recieved his full VA benefits due to him under the law in that these benefits should effective the date of this letter, September 1, 2002.

I certify that the above is correct and true to the best of my knowledge:

signed Robert Jones, Veteran, US Navy

Edited September 8, 2009 by broncovet (see edit history)

[carlie]

Testvet,

You posted, "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."

Do you have a copy of any reply from Principi's office to you ?

carlie

[Testvet]

No Carlie he sent the letter to the Director of Montgomery VARO and he replied to me on 6 Dec 2002 telling me that I didn't have a claim in the system duh thats why I wrote Principi I knew my claim was going to eb problems.... I have copies of them

[carlie]

No Carlie he sent the letter to the Director of Montgomery VARO and he replied to me on 6 Dec 2002 telling me that I didn't have a claim in the system duh thats why I wrote Principi I knew my claim was going to eb problems.... I have copies of them

So Principi's office just forwarded your letter to the Directir of Montgomery VARO

and Principi's office did not send you anything showing that they had done this ?

Did the director's office send you anything that states something like,

We have received your correspondence from Principi's office ?

carlie

[Testvet]

Yes they did. and the Directors response was "you don't have an active claim in the system" the way I understand it they should have opened the claim with the issues I put in the letter and since 2 of the issues are now SC cardiac and PTSD I hope the EED date would be Nov 2002 they mishandled the informal claim not I....like most veterans when I started this roller coaster ride I knew nothing about the system

[fanaticbooks]

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?

Testvet,

I don't know if this will help you or not, but here is my version of your letter. Maybe it will give you ideas. I am not saying yea or nay on your letter but felt it had extras that had no value getting it accomplished. They go by rules not by should be's.

Anyway, take a look and copy what you want or not.

fanaticbooks

(secretary and wife of disabled Vietnam Vet)

September 4, 2009

Director

Veterans Affairs Regional Office

Garners Ferry Road

Columbia, South Carolina

Sir,

Subject: Claim No. (INSERT NUMBER HERE)

On April 7, 2009, the BVA hearing made a decision on my compensation claim. Your office confirmed that with an award letter dated June 4, 2009. I am concerned however, by the December 2003 effective date that is noted.

According to your regulations:

“© Any communication, letter, note, or memorandum from a claimant, or the claimant's duly authorized representative, or a person acting as next friend of a claimant who is not legally competent, setting forth sufficient facts to apprise the Commission of an interest to apply under the provisions of sections 5(i) and 6(f) of the Act, will be deemed to be an informal claim. Where an informal claim is received and an official form is forwarded for completion and execution by the applicant, that official form will be considered as evidence necessary to complete the initial claim, and unless that official form is received within thirty (30) days from the date it was transmitted for execution, if the claimant resides in the continental United States, or forty-five (45) days if outside the continental United States, the claim may be disallowed.”

I am enclosing copies of my original letter dated November 20, 2002 addressed to Secretary Anthony Principi in which I mention medical issues I felt were service connected. Secretary Principi then forwarded it to the Director of the Montgomery, Alabama VA according to a December 6, 2002 response (see enclosed).

In December, 2003, after revoking my VSO’s Power of Attorney, I proceeded to file an appeal for my heart problems as well as filing for PTSD.

Sir, through that letter to Secretary Principi, I originally filed an informal claim on November 20, 2002 for the cardiovascular problems that were denied and then appealed. That 2002 letter should be considered as the effective date of claim for that disability and the other issues mentioned in it at that time. The December 2003 is not the correct effective date of some of my issues.

There seems to be a miscommunication somewhere. Would you please help straighten this out?

Sincerely,

(YOUR NAME/ADDRESS HERE)

Enclosures: (LIST ALL ENCLOSURES HERE)

Edited September 8, 2009 by fanaticbooks (see edit history)

[sixthscents]

Good job fanatic... I think yours is clear - outlines the necessary regulatory guidance applicable and states what needs to be done. However I would file it as a formal Notice of Disagreement... otherwise they may just keep saying "there is no claim in the system". Once filed as a "fomal notice of disagreement" it will go to appeals and an appeals claim case file will be generated. I ALWAYS use those words in the subjuct header:

Subject: Formal Notice of Disagreement of rating decision dated( ) claim# ( ) In reply refer to ( )

the in reply is in the top corner and it tells the claims guy exactly who rated this and which rating you are adressing... so I always include it.. I know it seems a bit stupid, but I havent had a claim "lost" since I started it.

Bob Smith