Really Need Help

[Papa]

I really need help and advice. I filed a claim for Parkinson's disease back in Jan 2011, and I used the Fast Track system. I did everything that the site wanted me to do. I had a C&P exam around Mar 2011. I thought everything was done, but I requested copies of all my claims from the VA, and received them, along with an internal VA form that indicated that my Fast Track claim was moved to the general pile of claims, it also indicated that there was no VCAA signed. I had signed it electronically. What is so frustrating is that I was removed from ebenefits, someone removed my military and other data from my files, I would need to start all over. I can get into Fast Track, but my claim is gone, like I never even put it in. Sent IRIS an inquiry, and they sent it to the Houston RO. The Houston office stated that they would need to review my entire claims folder, that was over two weeks ago. Why would they move my claim from an electronic system to a snail system, and I know they can do whatever they want, but should I have not been notified first? Now, I do not know if I have a claim pending or not, very disturbing.

Papa

[Chuck75]

The VA's reference to a partial representative is a new one to me also.

This can get interesting, to say the least. I would (wild) guess that what they are referring to is that the lawyer represents you concerning the NOD(s), and they still consider the service organization to be on record for the rest.

All the past paper forms, etc. that I'm aware of were setup to totally change from an old to a new representative. Also, in the past, there was some restriction on changing representatives in the middle of things.

Actually, the really interesting part occurs when the VA awards retro and pays the lawyer. (How much, for what, etc.)

I'd ask the VA in writing for clarification as to who represents you in what, from the VA's viewpoint. Possibly IRIS, to see if you can get a quick answer, and backed up by a letter, return receipt, etc.

[carlie]

Also, in the past, there was some restriction on changing representatives in the middle of things.

Chuck,

Wasn't that limited to the BVA and Court level ?

[Papa]

I decided to upload some documents that may help. No Doctor has found me to be incompetent, so does that mean before any Vet can have a buddy statement or a family member write down their observation they have to be found incompetent? I just noticed the note on the bottom of the 21-22a!! This stuff really has me confused, and I though that I was half way smart, finishing a four year degree in three years with 3 kids, and a 3.7 GPA, now I don't think I could master coloring between the lines. I would appreciate every ones advice and suggestions.

Thanks

Papa

[Chuck75]

Probably, I didn't have the time to look it up. The restrictions do involve the appeals process, which starts with the NOD. Actually, usually, you can hire & fire a lawyer when you believe that a lawyer is not doing what they should be. (For cause, it's called around here) I believe that when the BVA or veterans court is involved, you also have to get approval from them to change representation.

Who gets paid what for what can be a big question when you change things in midstream.

Chuck,

Wasn't that limited to the BVA and Court level ?

[Chuck75]

My take and opinion on this, not to be construed in any way to be legal advice.

No, it's just that the statements have to be backed up by a diagnosis or a legal finding by a court . A diagnosis of Parkinson's by itself does not make the sufferer incompetent. My grandmother died from complications of Parkinson's and was competent to manage and direct management of her "affairs" via those that were physically and mentally qualified and capable to do so. That was back in the days (Late 60's, early 70's) when the only known drug treatment was "El Dopa", and the patient had to be registered in a research program. If you wish to appoint a specific guardian, fiduciary, etc., you should consider doing so under the laws of the state you reside. This can forestall some if not all of the VA's nonsense.

I decided to upload some documents that may help. No Doctor has found me to be incompetent, so does that mean before any Vet can have a buddy statement or a family member write down their observation they have to be found incompetent? I just noticed the note on the bottom of the 21-22a!! This stuff really has me confused, and I though that I was half way smart, finishing a four year degree in three years with 3 kids, and a 3.7 GPA, now I don't think I could master coloring between the lines. I would appreciate every ones advice and suggestions.

Thanks

Papa

Edited July 12, 2011 by Chuck75

[Papa]

I'm not incompetent, just frustrated. I just could not understand how someone at the VA could make such a statement that one has to be incompetent before they will accept letters from family members.

As far as the Lawyer, like Carlie, I did not think they could split a POA. You go to the local DAV, and there is usually 20-30 Vets waiting. That is why I do not mind paying the 20% fee.

It is just bothersome that for months I could go into Fast Tracks, check on the status of my claim, and do other things, then, one day it is gone. Like I never was there. No Notice, nothing. The VA still has not sent me any notification of what I need to do or sign.

Papa