VA state General Counsel

[Richard Ash]

Help! I am being told by Dennis Shepherd, General Counsel for the Kentucky VA that I may NOT contact either my local VA rep OR my Regional Admin. I have had 2 claims denied, ( First because they checked the Navy and they said I had not been exposed to ANY radiation, then the AIR FORCE said same ) I was ARMY 1973-79. 1 appeal denied with no reason given, and today my NOD was denied. Said they could find no record of my service in any of the armed forces. My DD214 shows every detail of where I was stationed and my MOS.

So my question is: Can the VA General Counsel stop me from talking to them or even emailing them? I came down with pancreatic cancer after being exposed to radiation from the HAWK Missile System.

 

Thank You,

 

Rick Ash

606-798-1218 Home

rickash@windstream.net 

 

[Inarticulate&Distorted]

Don't leave your personal info on the forums brah.

Almost as bad as not redacting your info before you post here

[THOMAS89031]

Richard, Hope some of the members replied to you via email..  Tom

[Berta]

"So my question is: Can the VA General Counsel stop me from talking to them or even emailing them? I came down with pancreatic cancer after being exposed to radiation from the HAWK Missile System."

I believe 

Dennis Shepherd is a staff attorney for Tammy Kennedy, Office of Chief Counsel, VA-Nashville Tennessee.

Do you have any documented statement from Shepherd? OGC district lawyers have very little involvement with the claims process.

A Regional Counsel caught a CUE in a past VA decision for me. I had fought them on it long ago but then just gave up.Something I never did before.One should NEVER give up.

I was too involved in re opening a claim at that time.

It was an unusual situation for the RC to even look into because I had re-opened a claim, but ,due to the circumstances, he had to verify something with them and the OGC in DC, and he called the CUE on the VA right away. It was a large monetary retro award.

Still I never heard of anything like you stated....for a staff attorney to get involved in this type of issue.

 

Obviously if VA checked the wrong Branch of service you were in, something is amiss.

Can you scan and attach their denials here, as to their Reasons and Bases part and the Evidence list.?

(Cover your name , C file number, etc etc.)

 

[broncovet]

No.  Unless you have a court order forbiding contact with an individual or agency, then they can not stop you.  We are not under orders to "obey" general council.  

This said, you dont want to irritate them and remember, you get more flies with honey than vinegar.  

If you have given POA to another (such as an attorney), then the VA does not want to deal with you..only with your attorney.   Likewise, if you have a VSO, the VA often passes the buck and tells you to contact them for answers.  Yea, right.  Like we can get VSO's to return our calls.  

Its understandable the attorney does not want you dealing "behind his back" and needs to fully be "in the loop" in everything regarding your case.  Its an embarrassment to him if stuff is going on he does not know about..its his job to know!    You really dont want to alienate your attorney, if you have one, by doing stuff behind his back.  Let the attorney do his job, and contact him with questions, not the RO, or a VSO.  

I simply suggest you call Dennis Shepard, and ask him to explain, why he does not want you contacting the RO.  My guess is that it is for reasons I mentioned above.  However, does this attorney represent you?  State VSO's may have some legal representation for Vets that need it, and you could be one. 

I had a pro bono NVLSP attorney, who represented me.  

Edited July 27, 2016 by broncovet

[broncovet]

If this attorney is representing YOU, then, I would agree its a bad idea for you to contact the RO directly..but only through your attorney.  

[Berta]

I am correcting my info above. I could not find Shepherd as working for the District Counsel-VA at all.

It appears that he works for :

Office of the Commissioner, KDVA

1111B Louisville Road

Frankfort, KY  40601

(502) 564-9203 (office)

(502) 564-9240 (fax)

dennis.shepherd@ky.gov

www.veterans.ky.gov

 

Broncovet is right....he might put something in writing for you when you contact him but now it looks to me that he spoke as a lawyer for the state of Kentucky -their Division or Commission on Veterans Affairs......

 

I dealt with my state's DVA - meaning not VA but the state's Division of Veterans Affairs.

They are NOT the VA.

 

When they held my POA their advice was so bad I filed a 43 page complaint ,with proof, on them with the VA OGC. 

Things sure did change.

 

The radiation regulations are here at hadit.

Do you have your SMRs and Personnel file from the military.

RAD dosages are part of the evidence for this type of claim.

They should appear in your SMRs.