Questionable Claims Agent

[ihateliver]

I just came across this site yesterday and there is alot of great information here. Hopefully someone can assist me with this issue.

Three or four years ago a Veteran I met out and about informed me of a Vet Rep who could assist me with increasing my current 40% rating. I paid him $500.00 up front for representation and he would get 10% of any backpay. However he doesnt call, he is not listed as my POA on the ebenefits website, and I can never reach him by phone or email. I'm at a loss of what to do.

[ihateliver]

Can anyone assist me with obtaining my C-File which is what I understand is the first step needed to start this journey. I have not filed anything in a long time. I'm currently at 40%.

[USN_HM_VSR]

Revoke your POA just in case submit a statement of claim stating this and upload to ebenefits. You can call the VA call center and request a copy of your Cfile. Easier thing you can do is appoint a NSO as your POA. They gave access to VBMS and you can look at your cfile.

[USMC_VET]

Below is the template i used.

You are now required to send the C File request to your claims intake center, there are two so choose the one that applies to you.

Send this letter to them CERTIFIED with RETURN RECEIPT.

-----------------------------------------

Jun 16, 2015

Privacy Act Department

Department of Veterans Affairs

VA MAILING ADDRESS

VA File Number XXXXXXXX

Dear Staff:

I hereby request a copy of all documents contained in Mr. XXX’s claims folder, including, but not limited to, all documents in the right flap, left flap, and center flap, and the reverse side of any documents with writing on both sides; including all handwritten notes, post-its and all decision forms or blue sheets as they are sometimes known

Please note that this request for documents is being made pursuant to the Privacy Act, 5 U.S.C. § 552, and the Freedom of Information Act (FOIA), 5 U.S.C. § 552a, as well as 38 C.F.R.§1.550 and 38 C.F.R. § 1.577. Your agency has a duty to respond to this request within TWENTY (20) DAYS of the date of this request pursuant to 5 U.S.C. § 552 (a)(6)(A)(2)(i).

Additionally, although an extension of time to respond may be requested, it may only be granted for “unusual circumstances.” “Predictable agency workload” is not typically considered an unusual circumstance as stated in 5 U.S.C. § 552(a)(6)©(ii). Moreover, even to the extent that unusual circumstances could be demonstrated in this instance, the time limit for the extension is limited to “10 working days” pursuant to 38 C.F.R.§ 1.553(d).

Please also be aware that your agency’s failure to respond to this request within twenty (20) days may result in the filing of an administrative appeal with the office of the Secretary of the Department of Veterans Affairs pursuant to 38 C.F.R.§ 1.557 and 5 U.S.C. §552(a)(6)(A)(2)(ii), and potentially, the filing of a federal lawsuit to compel the production of the information.

This may subject your agency to contempt of court and a fine, including attorney fees and litigation expenses in compelling the production of this information pursuant to 38 U.S.C. § 552a(g)(l) of the Privacy Act, and 38 U.S.C. § 552(a)(4)(B) of FOIA. Thank you.

Please send the Requested files to the address listed below my signature.

Very truly yours,

NAME

ADDRESS

PHONE

EMAIL

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the turn around from mailing date to start of claim on ebenefits was around 2 weeks, no idea how long it will take to actually be sent.....

As stated above if you want real help start telling members here what you are claiming for and what evidence you have for your claims. We are not claims agents looking for money, just fellow vets trying to help you. If you dont give us information we cant help you.

I also second USN_HM_VSR

Send in an IRIS note as well as mail a statement in support of claim to the proper claims intake center (link to their addresses at top of post) that you revoke all current POA's with any VSO, claims agent and wish to retain all of those abilities with yourself.

If he is not longer listed as a rep and has no poa and sounds like he never had it, then he wont even know you filed. He sounds like a guy that goes for quantity not quality, getting as many vets as he can under his control and then throwing shit at the va wall and seeing what sticks. And just because he "got a guy to 100%" doesnt mean he knows what he is doing, more than likely that vet probably had a open and shut case.

[ihateliver]

Thanks USMC_VET -

I actually faxed a similar form in to the Baltimore VA that I found on the Attig Law site. He has some great information and books on his site. However I will probably send in this form as well.

[broncovet]

Go visit a Veterans Service Office. Sign a POA with them, and that will terminate your "old" POA, which apparently allows him to

deduct 10% for his " services". You dont want to let him con you out of any more money with the 10%. You get rid of that by firing him, by giving someone else your POA.

Be wary of a Veteran's service officer who suggests:

1. Dont apply for that, they will reduce you instead.

2. Dont appeal..that causes a reduction.

3. Dont ask for an icrease..it will cause a reduction.

[ihateliver]

Here is my current rating. I have some of my military medical recored that show I has multiple visits to the docs for sinus issues. That is why I want to claim Sleep Apnea. Also my stripping was unilateral not bilateral. I had massive varicosities on my right leg until I had surgery about a month ago to remove them. Sinus issues are more challenging now where I take steroids to keep my sinuses clear. Other issues as well.

Rated Disabilities Disability Rating Decision Related To Effective Date Lumbosacral strain Not Service Connected systolic murmur Not Service Connected right shoulder condition Not Service Connected scar(s) of the left popliteal area, left groin inguinal and left midfoot medial aspect secondary to bilateral varicose vein status post stripping 0% Service Connected 02/04/2011 Varicose veins, right leg 10% Service Connected 03/31/1998 bilateral varicose veins status post stripping 10% Service Connected 09/16/1996 pes planus (flatfoot) Not Service Connected hearing loss Not Service Connected varicose vein stripping left leg 0% Service Connected 03/31/1998 left ankle sprain (claimed as nerve pain) Not Service Connected skin condition (colored skin, right leg, chest and right side of head) Not Service Connected hallux valgus, right great toe with degenerative changes 10% Service Connected 06/09/1992 status post fracture, distal phalanx of the index finger 0% Service Connected 06/09/1992 right ankle sprain Not Service Connected chondromalacia of the patella left knee 20% Service Connected 07/18/1994 Here