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.

[Philip Rogers]

Michellee - if it's been a year since the decision then you can claim a CUE. If not, you can file a NOD claiming a "grave error." Pete has given you a good outline. When you point out their errors be sure to use a highlighting pen or boldfaced underlining and keep it brief and to the point. Don't make comments about their stupidity or anything like that.

pr

so in layman words that means I dont qualify???

[Michellee]

Take the decision to the American Legion. Tell them to get it fixed as they should have known this information about your claim. They have direct access to the RO.

J

Okay here is the update. I went to talk to Veterans Service Center and the rep told me that I shouldn't file a NOD but a reconsideration which he says will be faster. He told me they had not received anything on my claim and it could be weeks before they get the letter and said to make it faster I should reply with a reconsideration and I showed him the letter I started drafting and he basically told me to do the same as Pete had said and said it wouldn't be any quicker if they did or I mailed it. He definetely, said that I shouldn't file a NOD but to just send a memorandum asking for reconsideration. This confused me a little but if this is the right way to go I'll do whatever is necessary to speed the process up. Also before I went down there I called the regional office and spoke with Marcus a supervisor and he wanted the other Veterans name and file number and said this wasn't a big deal that my decision was probally still based on my medical records although I have no proof of that and all throught the denial letter they referr to information that is not mine. :) so the bottom line I guess is to either send it off myself or let the service center send it off but the rep said it wont be any quicker.

[hawkfire27]

Hey if you can contact the vet whose information you received, He may have a claim against the VA. It is a big no no to send the personal information especially medical records and c-file information to someone else! I think they call it negligence!

Edited March 23, 2010 by hawkfire27