tdiu Bigggg Brown Envelope Arrived.....

[carlie]

Do you think that I should contact a pro bono attorney just in case?

Sidney,

JMHO - but I do not see any reason at all, to contact or retain legal representation at this time.

BTW - on the paperwork you submitted in regards to your wife being a fiduciary

did you happen to put the "REPLY TO :" initials on there ?

This would help it get to the right person a bit quicker.

[Sidney56]

Sidney,

JMHO - but I do not see any reason at all, to contact or retain legal representation at this time.

BTW - on the paperwork you submitted in regards to your wife being a fiduciary

did you happen to put the "REPLY TO :" initials on there ?

This would help it get to the right person a bit quicker.

Thanks Carlie....that eases my mind a lot. You trying to take ole Pete's place

Yea, I did put "In Reply Refer To: XXX/XXX/XXX" on the 4138.

I don't think I qualify for the pro bono program anyway.

This is from their site:

WHAT WE DO

We will review your BVA decision and your Department of Veterans Affairs (VA) claims file.

IF YOU MEET ALL OF THE FOLLOWING CRITERIA:

*

You are a veteran (or qualifying family members of a veteran)

*

You have received an adverse decision from the Board of Veterans' Appeals (BVA);

*

You have appealed that BVA decision to the U.S. Court of Appeals for Veterans Claims (the Court);

*

You do not have an attorney to help you; and

*

You ask us for our assistance and you meet our program's financial eligibility guidelines;

And IF: we can identify at least one meritorious issue to be argued before the Court

THEN: we will refer your case to a volunteer attorney participating in our program who will represent you in your appeal at no charge to you.

WHAT WE DO NOT DO

WE DO NOT:

*

Provide general legal advice or information about the VA or the Court;

*

Provide legal advice or representation concerning a claim pending at the BVA or at the VA regional office;

*

Provide general legal advice or representation concerning a Federal Tort Claims Act (FTCA) claim;

*

Provide general legal advice or representation concerning correction of military records or upgrading a military discharge.

Edited April 8, 2011 by Sidney56

[Sidney56]

Oh yea, I called and asked for the enrollment package for VGLI today. Is

that the correct insurance I should apply for. I know the premiums can be

waived for SGLI, but can they be waived for VGLI?

Also, if(when) they appoint my wife as fiduciary, does she have to have a

bank account separate from mine?

Thanks

Edited April 8, 2011 by Sidney56

[Sidney56]

Carlie you made this post in another thread. Wouldn't this fall under the same

situation I'm currently trying to get from my VA Psy ?

http://www1.va.gov/v...asp?pub_ID=1790

d. Medical Statements to Support VA Benefits Claims.

When honoring requests for medical statements by veterans for VA claims adjudication,

care must be taken to avoid conflict of interest or ambiguity.

(1) Determination of causality and disability ratings for VA benefits is exclusively a function of the Veterans Benefits Administration (VBA). VHA providers often do not have access to military medical records, and may not be familiar with all the health issues specific to military service, such as environmental exposure.

As a result, they may not feel comfortable in stating causality of a current condition.

However, this does not preclude VHA providers from recording any observations on the current medical status of the veteran found in the medical record,including their current functional status.

All pertinent medical records must be available for review by VBA.

NOTE: VHA continues to provide compensation and pension (C&P) examinations and reports as requested by VBA, as part of any new disability claims or review process.

(2) Requests by a veteran for assistance in completing a VA disability claim are to be referred to VBA through official channels;

however, the clinician, if requested by the veteran, must place a descriptive statement in the veteran’s medical record regarding

the current status of the veteran’s existing medical condition, disease, or injury, including prognosis and degree of function.

This may then be requested by VBA for the purposes of making a claim determination.

This is exactly what I'm trying to get my treating psy to do. Just give her opinion on my current mental status

as far as competency is concerned.

[Omg-Sue]

Oh yea, I called and asked for the enrollment package for VGLI today. Is

that the correct insurance I should apply for. I know the premiums can be

waived for SGLI, but can they be waived for VGLI?

Also, if(when) they appoint my wife as fiduciary, does she have to have a

bank account separate from mine?

Thanks

First of all congrats from us! Carlie's advice is the same we got from our lawyer/advocate. Just coolin our heels & waiting for them to appoint a fiduciary. If it is spousal appointment, ok. Otherwise THEN Mr Link said to contact him. Maybe they will lose our incompetency declaration since they lose so much paperwork. We also figure that program is in such trouble for them, they might wait a while till cases are decided. Just my opinion. We did get the increase on April 1 check. Just that much caught up all the bills.

And yes we were told the fiduciary must have a separate account in her name. Hope this helps

Your letter was similar to K's, so here we go again, waiting!

[Sidney56]

I'm a little confused on one thing.

I know Omg-Sue said they are going through the same fiduciary

issues that I am. She also stated that they got their last check

with the increase, but the va is holding the retro.

My question is; Do I get my check with the 100% increase deposited

as usual, or will they withhold ALL my funds? The reward letter said

payments are effective April 1, 2011 which I should receive on May 1,2011.

Am I correct in my assumptions?