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?

[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.