Can Anyone Tell If This Happen To Them?

[JayBrown1]

I CALLED THE VA TODAY TO CHECK ON THE STATUS OF MY APPEAL, I WAS TOLD THAT A CONGRESSIONAL REVIEW WAS REQUESTED AND MY FILE WAS PULLED AND IS IN REVIEW. I TOLD HIM THAT I DID NOT REQUEST NOR DID I CONTACT MY CONGRESSMAN. HE THEN TOLD ME THAT PROBABLY MY SERVICE ORGANIZATION REPRESENTATIVE (AL) REQUESTED A CONGRESSIONAL REVIEW ON MY BEHALF. I ASKED IF THEY CAN DO THAT WITHOUT NOTIFYING ME AND HE TOLD ME, "YES."

CAN ANYONE TELL ME IF THIS IS TRUE? CAN A SERVICE ORGANIZATION REPRESENTATIVE CONTACT A CONGRESSMAN WITHOUT TELLING YOU?

[Jayg]

I just, a couple of hours ago, completed the TVC Fall Training Seminar (took all week).

My Regional Commander for the JWV is, at this very moment, at the VAMC in Dallas, getting my office situation straightened out and keys taken care of, etc.

I am meeting with him this Sunday morning (our normal meeting time for our post is the last Sunday morning of the month) and I will know more and have more info to offer you once that meeting is over. I did talk with him today and he has sent in all the documentation for my accreditation and was told that that was no problem and I could go ahead with "the program".

So, having said all that, let me "get settled in" and you will be my first "client".

LarryJ

Too bad you won't be handling folks from waco VARO. I could be your second customer!

[Commander Bob]

Too bad you won't be handling folks from waco VARO. I could be your second customer!

He's just up the road from you... In Texas

Edited September 26, 2009 by Commander Bob 92-93

[deltaj]

I have never heard of a Rep doing that themselves.

They might suggest this to the claimasnt but a Congressional Inquiry goes through some steps that seem to be missing here.I have requested some over the last 2 decades,

Did something else trigger the inquiry since it isnt certain that your rep actually requested it?

I have had 2 (maybe 3) Congressional Inquiries since last year.

Congressman Filner inquired about my claim but I had not formally requested this nor signed any authorization form for him to do this.

But he did this- I believe -because of my testimony to the Sub Committee HVAC Investigations/Oversight-last year.

I received a BVA award and then got 2 more letters from him and also from Chairman Terry (head of BVA)-

I think they might have expected a thank you letter but instead I sent them copy of the totally deficient award letter I got-

I was furious when I read it as it overlooked VA case law and regs-and the Nehmer decision- and only because I am vets advocate did I recognize that the wording of the letter was attempt to prevent me from receiving the cash they owe me on 6-7 issues the award generated.

I by passed the RO with direct contact to OGC here in NY, VA EDu Dept, Burial Allowance place, and VA REPS dept.

In each case these entities are working on what the VA owes me-

REPS said they would get on this benefit right away and VA Edu has already processed some of my paperwork and responded with Entitlement Award-

it took VA Edu only 3 weeks and REPS immediately started processing my REPS benefit.

Then last week-calling 800# for status on my pending issues-they told me ( got a second opinion on this too) that in June another COngressional Inquiry had been generated, prior even to my response to H VAC CHairman Filner with the faulty award letter-

I was delighted.

However a Congressional Inquiry can hold up a decision.

I usually don't advise vets to request them unless the circumstances are unusual-as in my case.

Best to call the AL and see if they did this.Did you ever talk to your Congressperson at a local meeting or anything about your VA claim?

Berta, Since you mentioned REPS you should read V.A. OPG PREC Opinion 7-98 which concerns the Nehmer decision and REPS. I think your award has the potential to go back one year beyond your REPS application although I don't know for sure the facts in your case. I thought REPS WAS A BENEFIT YOU APPLIED FOR THROUGH SOCIAL SECURITY, NOT V.A. I SUGGEST YOU CALL SOCIAL SECURITY AND CHECK ON THIS. I don't think V.A. handles it. See 38 CFR 3.201. Don't trust V.A. when they say they are handling it and that the second part of V.A.'s application was for REPS. I think they are telling your b.s. so you won't apply for a benefit with social security that you are entitled to. Furthermore, if you don't apply V.A. representatives don't have to do the work of photocopying your file and sending it to Social Security. If you believe REPS is included in your V.A. award you lose out on a lot of money from Social Security. I think you and your daughter both should apply for these REPS benefits with Social Security. Also please read the U.S. Federal Circuit decision 2008-7076 ORDER OF the PURPLE HEART OF USA, AND NATIONAL VETERANS LEGAL SERVICES PROGRAM V. SECRETARY OF VETERANS AFFAIRS. This case concerns secret internal rules V.A. worked out for a secret internal review by the C & P (compensation and pension) director on awards where the retroactive award was $250,000 or more or the award's effective date spanned back 8 years or more where a claimant and representative is not notified of any reduction of an award.

Edited September 29, 2009 by deltaj

[deltaj]

I CALLED THE VA TODAY TO CHECK ON THE STATUS OF MY APPEAL, I WAS TOLD THAT A CONGRESSIONAL REVIEW WAS REQUESTED AND MY FILE WAS PULLED AND IS IN REVIEW. I TOLD HIM THAT I DID NOT REQUEST NOR DID I CONTACT MY CONGRESSMAN. HE THEN TOLD ME THAT PROBABLY MY SERVICE ORGANIZATION REPRESENTATIVE (AL) REQUESTED A CONGRESSIONAL REVIEW ON MY BEHALF. I ASKED IF THEY CAN DO THAT WITHOUT NOTIFYING ME AND HE TOLD ME, "YES."

CAN ANYONE TELL ME IF THIS IS TRUE? CAN A SERVICE ORGANIZATION REPRESENTATIVE CONTACT A CONGRESSMAN WITHOUT TELLING YOU?

There is a post above on a Federal Circuit case 2008-7076 ORDER OF THE PURPLE HEART AND NATIONAL VETERANS LEGAL SERVICES PROGRAM v. SECRETARY OF VETERANS AFFAIRS. There may be a reason your file is suddenly unavailable to you and it may concern internal review concerning a potential award with an effective date spanning back more than 8 years. V.A. has secret rules that have previously permitted V.A.'s Compensation and Pension Director to reduce awards to claimants who are receiving $250,000 or more in an award or whose effective date is more than 8 years ago without notice to the veteran or his representative. What a crooked, creepy practice.

[LarryJ]

Too bad you won't be handling folks from waco VARO. I could be your second customer!

I'll be handling claims from whoever needs me. And, my primary VA Regional Office that I will be sending ALL my claims to, will be Waco.

[john999]

Larry

Get a nice soft surface on your desk so when you start pounding the desk you don't hurt your hand. With what you know you should be a good VSO. You are up against a very conservative and inert system. You have a big boulder to push up the hill, but you can make a dent if you stay focused on helping individual vets. Don't take it personal.