Spoliation Destroying Or Removing Evidence In A Claim

[pacmanx1]

Just want to know is there a deadline to file a claim for spoliation? I have several claims on remand from 1994 to 2004. Is there a guild line to writing a response?

[Berta]

http://www.vawatchdog.org/VAshredderscandal.htm

There is a deadline this month as well as criteria for dates of submissions that are claimed lost or destroyed, and the above link has the Fast letter and direction as to how to file these claims under the October Incident.

[pacmanx1]

Thanks

[broncovet]

Pete992

Late last year, Dr. Peake wrote "fast letter 08-41" regarding the subject. Since all you will get from the VA's website about the shredder scandal is pretty much lip service where they promised not to do it any more, and gave amnesty to employees who violated the law and shredded evidence. Your best source of information on the shredder scandal is VA watchdog...Larry Scott has kept a close eye on it and is much more credible than the VA..the VA is trying to save several executives neck on this deal, and many of us would like to "attend the hanging" of VA executives nailed for shredding evidence. It appears that the VA has gotten their way, again, at the cost to Veterans. Not only were VA executives NOT prosecuted for this shamefull illegal destruction of evidence, at least one, at the Cleveland RO was actually promoted, instead of being jailed.

http://www.vawatchdog.org/08/nf08/nfdec08/nf120408-1.htm

Other shredder scandal information is here:

http://www.vawatchdog.org/VAshredderscandal.htm

My recommendation: If you feel that you are a shreddergate victim (many are victims and dont even know it...there were no letters sent to possible victims), then file

a "Special Handling Request" (SHR). You can file it on a 21-4138, if you like. I recommend you include your reasons why you think certain evidence was shredded, such as RO Decisions which do NOT reflect certain evidence.

It is a good idea to send copies of evidence you feel has been shredded, if you have copies. If you dont, file a SHR anyway, and explain that even tho this evidence is missing, it is confirmed by medical evidence, etc. etc, and recall the shredded documents contents as best as you can.

File all this at your RO and send it certified mail return receipt requested BEFORE NOV. 19.

If you do not get a response, then complain to the VAOIG.

Keeping copies of everything, if the RO "blows off" your SHR, like they did mine, then include this information when you appeal. Nail em..dont let em off the hook.

[broncovet]

Sample SHR letter:

Jones, Robert..123-45-6789

RE: Special Handling request due to critical evidence being shredded.

The above named Veteran humbly requests the RO give attention to this "Special Handling Request" per Dr. Peak's fast letter 08-41, because it appears that evidence critiical to the Veterans case has been shredded or mishandled by the RO as follows:

1. On Sept. 1, 2001 the Vetran applied for benefits due to a broken back suffered during military service. Since this condition was not listed in any of the decisions since then, this critical evidence appears to have been mishandled. A copy of this application is enclosed.

2. The Veteran supplied an IME by Dr. Bosch on July 1, 2001 which was not listed as evidence in the December, 2004 RO decision so it also appears to have been shredded.

3. A copy of the claims file received by the Veteran on Oct. 1, 2009 is missing several key pieces of evidence, and the VEtran is enclosing this missing evidence.

4. One document, an application for dependents, is missing, and the original is also missing. However, the Veteran filed this evidence on Sept. 1, 2001 along with his application listing Robert Jones Jr. age 3 on the document, and Mrs. Sally Jones as spouse. Since the Veteran is not being paid for dependents it is assumed this evidence was also shredded. The regulations require the VA to consider that the VEteran is seeking the maximum benefit allowable by law, and there is simply no evidence that this Veteran was not seeking benefits for his spouse and dependent children also.

I certify that the above information is true to the best of my knowledge.

Signed, Robert Jones, Veteran dated 11/01/2009

Robert Jones name was used, and is not my real name. My apologies to anyone who may also have that same name.

Edited November 2, 2009 by broncovet

[pacmanx1]

Thanks

[Berta]

"The special procedures cover missing documents submitted by a veteran or other applicant for VA benefits during the 18-month period between April 14, 2007 and October 14, 2008.

VA will process any missing applications or evidence resubmitted under these special procedures as if the document had been originally submitted on the date identified by the claimant.

Veterans and other applicants have one year, or until November 17, 2009, to file previously submitted documents under these special procedures.

Veterans not covered by these special rules who believe relevant material is missing from their files can submit additional documentation at any time. An award of benefits earlier than April 14, 2007, may be established if there is credible corroborating evidence supporting an earlier date of document submission."

It pays to repeat this info as to Special Handling Procedures for claims coming under the "October Incident."

We have until Nov 17,2009 to take advantage of the VA Fast Letter on this.

I realized that -as I keep getting SSOCs for a CUE claim -that VA failed to m,ention any of my legal evidence which was certainly sent between the April 2007 and Oct 2008 time frame.

I am preparing this letter tomorrow-

I dont know however if anyone has had a claim under the October Incident properly adjudicated upon recipt of the evidence or recipt of the Special request under the VA Fast letter -October 2008