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?

[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

[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