Veterans Affairs Cut Of The Wrong Leg On My Claim

[Michellee]

Read my draft of Notice of Disagreement and feel free to advise.

Dear Veterans Affairs I donot agree with your decision and wish to appeal. Here is why, first of all the decision letter you sent me reflected that you based your decision on the medical evidence of another veteram by the name of Lester C. XXXXX with a VA file number XXX XX XXXX (see attached copy). Your letter represents that my claim decision was specifically made, implied and inferred IN ERROR. I am not a veteran of World War II era. Nor is my treatment records from VAMC, XXXXX, XXXXX. I am entitled to automobile allowance per VA REG and have provided the medical evidence to show that I have a service connected disability permanent and total resulting in the loss of use of my left foot to include foot drop. Furthermore, some of the letter you sent me referred to adapted housing grant and I did not submit a claim for that I submitted a claim for the vehicle allowance. I donot understand your decision for my claim. Please go back and review correct medical evidence and make sure to protect my privacy and not submit it to someone else. Thanks. I hope the other vets gets his correct letter.

[Michellee]

Michellee

If you can I would go to VARO and ask for a Councilor and show them how they messed up. I bet they will fix it really fast. Your letter is ok but if I was doing it I would break it up by each point that you are trying to make. Example

1. the decision letter you sent me reflected that you based your decision on the medical evidence of another veteram by the name of Lester C. XXXXX with a VA file number XXX XX XXXX (see attached copy).

2. Your letter represents that my claim decision was specifically made, implied and inferred IN ERROR

3. I am not a veteran of World War II era.

4. Your decision used treatment letter from the wrong VAMC

5. I am entitled to automobile allowance per VA REG and have provided the medical evidence to show that I have a service connected disability permanent and total resulting in the loss of use of my left foot to include foot drop.

I would still go to the VARO and use Hoppy's suggestion.

Good Luck

Thank you, I am going to write it just like this because I want it to be as clear as possible. Have you heard this happening often. I worry about the other veteran too.

[Michellee]

If you ask them to call a CUE on themselves (clear and unmistakable error) it could get a proper decision faster.I dopnt see how a NOD can be prepared on a faulty decision like this one.

But I agree with Hoppy- find a vet org who has office in or near this VARO who can support you on this.

Did anything on the other vet's paperwork indicate they had a POA? That POA might well be interested too in resolving this for both of you.

How do you call a cue? I didn't know what else to do, maybe a NOD isn't the right thing to do but I just read the instructions they gave me on the back and it only talked of a NOD response if I didnt agree. Thats all I could figure to do since the decision obviously was based on another vets info. The poor guy he must be an older gentlemen from World War II era. I wonder if he will know what to do? I am looking at his letter and it says Represented by Georgia Department of Veteran Service on the letter head page. I dont see any other indication of a service. Like mine says American Legion on past letters. Geeze this is all screwed up for both of us.

[carlie]

How do you call a cue?

The claimant can only file CUE on a prior, final, unappealed decision.

carlie

[john999]

I think I would do as Pete and Hoppy have said and go in person to the VARO. They may be able to fix this thing if you see someone face-to-face.

[jbasser]

Sounds like an issue for the IG to look at. COngressional intervention may be necessary and maybe the services of an attorney. If you have a VSO and I hope you do, You have them by the rectum as you can sue the VSO on this one for not reviewing your decision. They should have caught it and fixed it there at the RO and you should have never received a rating letter like this.

This has caused you harm and you have a legal right to seek some type of relief.

J

[rotorhead]

Something similar happened to me, involved getting my records from St. Louis. I recieved another veterans records, next thing I knew Homeland Security was involved. Long story short typical sloppy work by some low level clerk. Unfortulanty she was discipliped but not her supervisor who signed off on the records.

RVN 69-71

67A1F

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