Dingess/hartman Vs Nicholson (2006)

[Guest rickb54]

I just received a letter concerning this case. I call the va and they told me I do not have to do anything.

The letter concerns a case sited above from the Court of veterans appeals, and talks above evidence and effective dates. It goes on to say if I have addition evidence submit it other wise they will decide my claim. Problem is they do not tell me which one of my claims this pertains to. When I called the VA rep told me it was a letter sent to anyone who ever filed a claim.. makes no sence to me, anyone know where I can get a copy of this case, couldn't find it at the bva site.....

thanks

[witchhouse]

This is how I answered their letter:

To whom it may concern:

In reply to a letter dated 03/20/06 requesting any other evidence, I am informing you that I am being treated at the Bedford VA Hospital Bedford Ma. for P.T.S.D. I have Individual Psychotherapy by XXXXX XXXXXon a weekly basis. I am also seeing Dr. XXXXXX Psychiatrist on a monthly basis at the Lynn VA Clinic in Lynn Massachusetts.

I have submitted all the evidence to you at this point. This is a list of evidence that has been sent to you including this mailing. Should there be anything missing please inform me so I can resubmit it.

1- Form 21-8940

2-Copy of Letter from Mike XXXXXXXX Chief Medic served with me.

3-Copy of letter from Salem Massachusetts Veterans Agent XXXXX XXXXXX who has assisted me many times over the years.

4-2 Pictures of me in Viet Nam.

5-Letter dated 03/08/2006 from me requesting review.

6-Letter from Leslie Gordon (Fiancé)

7- Social Security Statement

My work history report (social security statement) from the Social Security department verifies large gaps in employment. I have been employed twice in the past 10 years and both times ended with the same result. I have been in depression for all of my adult life and am again being treated for depression and anxiety along with my P.T.S.D. My gaps in employment over the past 30 years have been due my illnesses.

I understand that there is a backlog of claims and every one is important to both the VA and the Veteran. If there is any way I can be of help to expedite this claim please inform me and I will do what I can to help.

[Berta]

I was just talking to a 800# vet rep I have known for years via the 800#.

I never got a VCAA letter nor a Dongess letter-

They way he explained this decision to me ,that it seems it sure could help veterans define access what they need (or the VA) for their claims. Wish I had gotten a letter like this though-

It sounded like a positive VA step to help vets- only problem-I reminded this vet rep-

these letters involve more time for VA to prepare and send and yet the backlog at the VAROs and the BVA remains-

I griped about all of the remands there too and the so called "expedite" orders from BVA that are never adhered to even when the vet is in catastrophic medical condition.

Does anyone have a link in M21-1 or VA training letters as to this CAVC case and the letters they are sending out?

Ok edited this post I just found this-

Subvet is explaining it at GulfWar vet site:

http://www.gulfwarvets.com/ubb/ultimatebb....ic;f=4;t=000280

Edited April 5, 2006 by Berta

[Alex]

[

Berta –

There is a Fast Letter on Dingess/Hartman put out by the C&P service. The Buffalo office should have a copy they can share with you. The BVA is now holding that VCAA notices that do not contain Dingess/Hartman information are void if they prejudice the veteran within the meaning of Nicholson.

Alex

[Berta]

VERY interesting-

I am posting this as copied from Military.com- hope they do not mind-

they have a good take on what this Dingess/Hartmann thing is all about:

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CapMarine50

Experienced Member

Posted Fri 17 March 2006 20:17

Good information for veterans, veterans families involved in the claims process and veterans services officers.

Dingess and Hartman v. Nicholson

Court of Appeals for Veteran Claims

March 3, 2006

Issue

What notice and development is VA required to provide in a compensation claim?

What did the Court hold?

Historically, in order to establish service connection for a disability, three things must be decided:

Whether the claimant is a veteran;

Does the veteran have a present disability; and,

Is that disability related to service?

Until now, the Veterans Claims Assistance Act (VCAA) requires that once a veteran has submitted a substantially complete application, VA must notify the claimant of any information, and any medical or lay evidence, not previously provided that is necessary to substantiate the claim. In addition, VA must tell the claimant what evidence it will obtain, what evidence the claimant must provide and what evidence VA will help the claimant obtain if the claimant tells VA where to look.

In Dingess, the Court held that two additional decision points exist, and that VA is required by law to provide notice and assistance to claimants at the beginning of the claim process. Those two additional decisions are:

What is the proper evaluation to be assigned; and,

What is the correct effective date?

Here, the Court held that VA must tell the claimant how it intends to evaluate a service connected disability and how the correct effective date is to be determined.

What action is VA taking?

· VA has written a letter to claimants which describes the Dingess decision and contains general paragraphs:

o outlining the criteria used for assigning evaluations; and,

o how effective dates are selected.

· These letters will be mailed during the weekends of March 18-19, 2006 and March 25-26, 2006.

· Copies of these letters will be provided to Service Organizations during the first two weeks in April, 2006.

· VA has determined that these letters will be sent to every person who has a current claim for compensation benefits pending. This includes cases in an appeal status. These two groups total more than 500,000 claims. There are over 624,000 additional cases completed in the last 12 months. Since these decisions are not final they, too, are affected by the Dingess decision. Unfortunately, VA cannot identify these cases. Consequently, they will not receive letters from VA.

· VA will develop future claims in accordance with the Dingess decision.

· VA will continue processing claims while it cures these notice and development deficiencies.

What this means to claimants

· In the short run, these letters will further confuse many claimants about what it is they need to do.

o Many claimants will call either VA or Service Organizations for an explanation.

o Service Officers should expect that these calls will be significant in number over the next month or two.

o After that calls should recede but the Dingess notice requirement will continue to be a subject of interest to claimants for the foreseeable future.

·

· While the Dingess decision ensures that claimants receive legally adequate notice of what evidence is necessary at each decision point in the claims process, it is likely that this change will have little impact on most veterans.

What should Service Officers do?

In the near term:

· The entire staff of each VSO office should be ready to respond to inquiries from claimants and be prepared to explain what the letters mean. Copies of the letters to be sent by VA will be provided to DSO's as soon as they become available.

· The DSO may wish to re-record the message on the office answering machine to provide information to those who call after hours and keep it running for the next 4-6 weeks. This may satisfy some veterans and reduce the number of calls you receive. In addition to your regular message, you may want to say:

"If you have questions about a letter sent you by VA which refers to the Dingess/Hartman court decision, please listen carefully.

That letter was required by a recent court decision that clarifies the things VA must tell you about how your claim may be decided. If you have evidence concerning your claim that you have not yet provided VA, please send it to us immediately and we will submit it to VA for you.

If you do not have any further information or evidence for VA at this time you are not required to do anything in response to this letter. Failure to return the "VCAA Notice Response" enclosed with your letter will not delay your case."

In the future, DSO's should ensure that VA satisfies the Dingess notice requirements prior to signing off on a rating.

Claimants who received a decision in the last year are also entitled to this notice. DSO's should be alert to these cases and ask VA to properly notify these claimants.

Finally, in those rare cases where a veteran claims a specific evaluation (e.g., "My PTSD is worse and I believe I should be evaluated 50 percent.") VA is required to give specific notice of the criteria needed to satisfy the evaluation requested. A DSO should alert the proper VA Team Leader of the claim so that proper notice can be provided

Posts: 3708 | Registered: Thu 04 April 2002

CapMarine50

Experienced Member

Posted Sat 18 March 2006 10:52

I hope the information helps someone.

Posts: 3708 | Registered: Thu 04 April 2002

strobelvets

LEAD MODERATOR

HOT TOPICS

Posted Mon 20 March 2006 00:28

Bump

Posts: 5250 | Registered: Wed 06 July 2005

9472434

Basic Training

Posted Sat 25 March 2006 15:22

quote:

Originally posted by CapMarine50:

I hope the information helps someone.

Thank You for this posting, it helps out!

slbarkley veteran ; )

Posts: 1 | Registered: Sat 25 March 2006

Mom2APAJ

Member

Posted Mon 27 March 2006 02:40

bump

Posts: 1420 | Registered: Tue 15 February 2005

deadbears

Member

Posted Mon 27 March 2006 17:31

thanks for the info

Posts: 82 | Registered: Tue 23 March 2004

CapMarine50

Experienced Member

Posted Tue 28 March 2006 07:50

GROUP MAP - VETERANS MARCH IN WASHINGTON DC APRIL 2006

http://www.frappr.com/veteransmarchinwashi...dcapril2006/map

http://www.Americans-Working-Together.com

http://www.capveterans.com/the_duc_duc_res...illage/id7.html

Posts: 3708 | Registered: Thu 04 April 2002

marel

Basic Training

Posted Tue 28 March 2006 08:28

Thanks for the info. on dingess/hartman v nicholson. I hope it has some benefit for us veterans with claim of earlier effective dates on our disability claims.

marel

Posts: 1 | Registered: Tue 28 March 2006

CapMarine50

Experienced Member

Posted Thu 30 March 2006 05:15

----- Original Message -----

From: dweller@rrbiznet.com

To: James T. North gymgemjim@comcast.net

Sent: Thursday, March 30, 2006 12:17 AM

Subject: Re: Operation Firing for Effect - The Veterans March 2006

I'm sorry about this Jim. Your march had enough strength on it's own to become an annual event. We had a difference of opinion when Gene Simes and Operation Firing for Effect TOOK IT ALL OVER.

I find not one shread of happiness in this email. I've been there and done it myself. I'm very sorry. I know how you're feeling right now.

----- Original Message -----

From: James T. North gymgemjim@comcast.net

To: dweller@rrbiznet.com

Sent: Wednesday, March 29, 2006 11:33 PM

Subject: Operation Firing for Effect - The Veterans March 2006

29 March 2006

Welcome, you have entered the ORIGINAL website

of the Veterans March 2006.

This website and the email address associated with

it, no longer supports "Operation Firing for Effect"-

The Veterans March 2006.

The webmaster of this site, in good conscience, cannot

continue to maintain this website due to the withholding

of information concerning accountability of received

donations and a lack of program, outlining speakers, topics

and events from the organizer of this march. The webmaster

of this website no longer wishes to be associated with the

poor administration and planning of this event.

Refer all questions and comments to the current organizers

of “Operation Firing for Effect” and the Veterans March 2006.

If and when the organizer of "Operation Firing for Effect"

delivers the above mentioned information to this webmaster,

this website will be reinstated.

Thanks,

Jim

http://www.vetmarch2006.com

Posts: 3708 | Registered: Thu 04 April 2002

Johnfrog

Basic Training

Posted Tue 04 April 2006 13:55

The entire 33-page pdf ruling for Dingess and Hartman is available at http://bluewaternavy.org/claims/DingessHartman.pdf

Posts: 1 | Registered: Thu 23 March 2006

DaveBarker

Health And Fitness Forums Moderator

Posted Wed 05 April 2006 01:29

I have had my whole routine disrupted by a the paper flowing across my desk. Over 100 mailed in and over 100 dropped off. In the first week. Why? By the time the VARO's receives these VCAA Notice Repsonse forms and sorts them the 60 days will be up anyway. It is another ruse to stall.

I will cast no stones!

Dave Barker

Posts: 4836 | Registered: Tue 12 November 2002

strobelvets

LEAD MODERATOR

HOT TOPICS

Posted Thu 06 April 2006 10:05

quote:

Originally posted by DaveBarker:

I have had my whole routine disrupted by a the paper flowing across my desk. Over 100 mailed in and over 100 dropped off. In the first week. Why? By the time the VARO's receives these VCAA Notice Repsonse forms and sorts them the 60 days will be up anyway. It is another ruse to stall.

*

Posts: 5250 | Registered: Wed 06 July 2005

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[Guest fla_viking]

Dear Fellow Veteran & Friends.

Actully I see this as a good decision. The VA in the past to comply with the Veteran assistant act would send a letter to the vet telling the vet to send in any informaton that would help there claim. Now the VA is saying they must tell the vet what specifically they need to approve a claim and the effictive date.

Now if the vet complys with there request for information that should mean he has proven his SC and back pay claim.

let the VA go up on appeal with having for the record requesting certian informaton and then try to argue, even if the vet does give us this informaton. We still wont grant SC.

Terry Higgins

[Berta]

Yeah Terry- it is good-

But it is our responsibility as claimants- to hold them to it-

as we have to hold them to all VA regs and case law-

I havent even gotten a VCAA letter yet- hope I get a Dingess letter-

but one of my claims was decided ,per 800, in January and the other is in rating board now-

and the Bonny V Principi claim I sent them in 2003 is now being handled by the O Gen Counsel-

maybe I wont get these letters ?

VCAA letters ,I read somewhere, are not being sent to any claimant who has filed a claim with enough evidence to decide-

If they follow the law to the letter in a VCAA statement specific to each claim-and actually look into the c file- there are claims there that could be decided without even the need for sending VCAA letters-as many claimants have supplied already- enough evidence to support their claims.