Requesting Sanity Check on draft letter to the VA Secretary.

[Navyguy2013]

I am working on a letter/email to send to the VA secretary about my 700+ day NOD via a "de novo" review by a Decision Review Officer (DRO). Below is a draft of what I would like to send to him. I was hoping this group could give me a sanity check to make sure this will achieve the desired effect.(Speed up the process and get my claims approved at the appropriate %). Oh, and if you can't tell, I suck at writing and the proper use of the English language.

NOTE: I plan on sending this via email and registered mail, include in the registered mail I plan on sending in data that is not appearing in my VA records. I have sent this data in to the VA in the past, but the nurse who did my last C&P looked at the data I brought with me to the exam, and said that data was not in my VA records, and she told me to ensure it got into my records. I also plan on sending copies of this letter (Not the other data) to the people cc’ed at the end of this letter.

Does the below letter look good, any suggestions?

Should I include my full SSN and date of birth?

Should I include copies of supplemental VA Claim evidence previously sent to VA.  300 pages of data.

NOTE: If this letter looks good, and that is a big if, maybe others could use this as a template for their letters to the VA secretary.

03/11/2017

Dear Secretary Shulkin,

I write you today to bring attention to and to ask for assistance in resolving several VA disability claims I have submitted that have not been resolved in over 4 years (1460+ days).  As far as I know, the Baltimore MD VA regional office is who is handling my disability claims. I normally like to keep issues such as this at their lowest level. But keeping things at their lowest level does not seem to be working in this case. This is why I am contacting you. I was hoping you could provide some assistance in having my VA disability claims resolved in a timely manner. I assume 4+ years for a VA disability claim, and 700+ days on a NOD via a "de novo" review by a Decision Review Officer (DRO) is longer than the average time. 

On 02/28/2013 I retired from the USN after 24 years of active duty.  I filed my VA disability claims on 03/01/2013. The VA denied all of my VA disability claims on 03/19/2014. The denial letter I received from the VA explained the primary reason for the denial of my VA disability claims was because I failed to report to my VA examinations. I was NEVER informed of any examinations, so I could not show up to these examinations.

For months I tried to figure out what to do about my disability claims being denied. On 03/01/2015, I finally figured it out and I filed a NOD via a "de novo" review by a Decision Review Officer (DRO). According to eBenefits, my NOD has sat unchanged and idle for over 700+ days (last update 03/17/2015). I have called the VA’s 1800#; they are unable to provide any status updates to my NOD’s. I did receive notice of several C&P exams concerning these disability claims, and these C&P exams were conducted in JAN2017. I did go to all of these exams. I assumed having C&P exams scheduled meant my claims were progressing, but I cannot get confirmation on this from anyone. 700+ days seems to be a long time for this process.

My C&P exams were performed by LHI, not by the VA. I brought a binder with me to the C&P exams. I gave this binder to the Nurse performing the C&P exam just in case she wanted paper copies or needed additional data on my claims. This binder had a timeline and overlay of my VA disability claims, copies of pertinent files from my Service Medical Record, and pertinent medical records from civilian sources. Previous to these C&P exams, I had sent all of this data to the VA, both by FAX and by mail, and by certified mail. The data I sent to the VA contained supporting data of my disabilities since I had retired from active duty.

During the C&P exams, the LHI nurse asked me several times if all of the data in this binder had been sent to the VA. I told her yes. She told me that much of the data in my binder was not in the VA files and to ensure I re-send all of this data to the VA. She stressed it to me several times, it was important that all of the data in my binder was needed in my VA file for my disability claims. Again, much of the supplemental medical data I had sent to the VA over the years was NOT in the VA system.

The fact the Nurse told me much of the data I had sent to the VA, and the fact I cannot verify what the VA has in my data file worries me on how successful my disability claims will be. Apparently the VA does not have all of my supporting data, and my disability claims may be rejected without this supporting data being available in the claims decision process. I have sent this data in to the VA several times, but I have never been able to obtain verification if all of this data was received by the VA, or if this data ever made it into my C-file. And as my claims are in a NOD status, I cannot upload any data into these claims via eBenefits. 

Over the years, I have sent in several requests to obtain copies of my C-file. So far, I have received no reply of any kind on my requests for a copy of my C-file. End result, I cannot see what is, and what is not in my VA record concerning my disability claims. And my disability claims may be rejected, or degraded because the VA cannot see this data.

I also cannot seem to get a copy of my C&P exams performed by LHI. My C&P exams were completed on 01/06/2017 and 01/11/2017. I called the VA’s 1800# to verify the C&P exams were in the VA system, they said they were in the system. I sent several requests to the VA (VA Intake center, and Baltimore VA office) and to LHI requesting copies of these C&P exams on 01/17/2017. I received a reply from the VA on this request on 03/08/2017. The reply from the VA said to expect copies of my C&P exams anywhere from 09/28/2018 to 11/27/2019. I find it difficult to believe; that data that is currently in the VA system, but yet the estimated length of time for this data to be sent to me is 1.5 to 2.7 years from the date of request.

I appreciate any and all assistance you can provide with resolving my VA disability claims.

Sincerely,

NAME

SSN

ADDRESS

PHONE NUMBER

EMAIL

Enclosure: Copies of supplemental VA Claim evidence previously sent to VA.

 

cc:

david.j.shulkin@va.gov

President Donald J. Trump

House Committee on Veterans' Affairs, Chairman Phil Roe

Acting Under Secretary for Benefits, Thomas J. Murphy

[Buck52]

It looks ok to me .

You may need to keep it a little shorter if you can and just get straight to the point.

  The only thing with your C&P Exam  was the Nurse Qualified to do the exam to the conditions you are claiming? & remember the C&P Examiner do not make the decision.

Other elder members that have more experience in the claims process  like Ms berta and Asknod  and broncovet, Gastone , can chime in  to add or take away something or better advise you.

Or take your email letter to an experience VA Claims Attorney and let him/her prof read it for ya. (Look for possible CUE's)

just letting the VA Secretary know your claims have been under continuous prosecution for 4 years/and NOD for 700 plus days  should be good enough.

Yes  always put your name and address and claim # on your remittance   this how they Identify you.

you may want send in a Signed FOIA with this email.

jmo

Edited March 11, 2017 by Buck52

[Navyguy2013]

Buck52,

I agree, the length is long. I need to shave it down some, but still keep the point and feeling to it.

Do you think I should CC this letter to President Trump, the Chairman of the House Committee on Veterans Affairs, and the Acting Under Secretary for Benefits?

Do you think I should send the 300 pages of supporting claim data with this letter?

Thanks for your feedback!

 

[Buck52]

You can if you want to send it to the President and the VA Secretary..if it was me I'd just send it to the VA  Secretary And your Rep.

if you send 300 pages I doubt they would take time to read it,  just let them know you have 300 pages of evidence ect,,ect,,,  the point of the email is to let the big boys know whats going on and hopefully they will call your R.O. and ask them whats the problem with this veterans claim?...and that will get the ball rolling pretty much.

jmo

[MikeHunt]

On 3/11/2017 at 9:50 AM, Navyguy2013 said:

 I received from the VA explained the primary reason for the denial of my VA disability claims was because I failed to report to my VA examinations. I was NEVER informed of any examinations, so I could not show up to these examinations.

I did receive notice of several C&P exams concerning these disability claims, and these C&P exams were conducted in JAN2017. I did go to all of these exams. I assumed having C&P exams scheduled meant my claims were progressing, but I cannot get confirmation on this from anyone.

 

During the C&P exams, the LHI nurse asked me several times if all of the data in this binder had been sent to the VA. I told her yes. She told me that much of the data in my binder was not in the VA files and to ensure I re-send all of this data to the VA. She stressed it to me several times, it was important that all of the data in my binder was needed in my VA file for my disability claims. Again, much of the supplemental medical data I had sent to the VA over the years was NOT in the VA system.

 

The fact the Nurse told me much of the data I had sent to the VA, and the fact I cannot verify what the VA has in my data file worries me on how successful my disability claims will be. Apparently the VA does not have all of my supporting data, and my disability claims may be rejected without this supporting data being available in the claims decision process. I have sent this data in to the VA several times, but I have never been able to obtain verification if all of this data was received by the VA, or if this data ever made it into my C-file. And as my claims are in a NOD status, I cannot upload any data into these claims via eBenefits. 

 

Over the years, I have sent in several requests to obtain copies of my C-file. So far, I have received no reply of any kind on my requests for a copy of my C-file. End result, I cannot see what is, and what is not in my VA record concerning my disability claims. And my disability claims may be rejected, or degraded because the VA cannot see this data.

 

I also cannot seem to get a copy of my C&P exams performed by LHI. My C&P exams were completed on 01/06/2017 and 01/11/2017. I called the VA’s 1800# to verify the C&P exams were in the VA system, they said they were in the system. I sent several requests to the VA (VA Intake center, and Baltimore VA office) and to LHI requesting copies of these C&P exams on 01/17/2017. I received a reply from the VA on this request on 03/08/2017. The reply from the VA said to expect copies of my C&P exams anywhere from 09/28/2018 to 11/27/2019. I find it difficult to believe; that data that is currently in the VA system, but yet the estimated length of time for this data to be sent to me is 1.5 to 2.7 years from the date of request.

 

I appreciate any and all assistance you can provide with resolving my VA disability claims.

 

Sincerely,

 

NAME

 

 

 

Enclosure: Copies of supplemental VA Claim evidence previously sent to VA.

 

 

cc:

david.j.shulkin@va.gov

 

President Donald J. Trump

 

House Committee on Veterans' Affairs, Chairman Phil Roe

 

Acting Under Secretary for Benefits, Thomas J. Murphy

 

Could you break this down for us? Super concise timeline-

It seems there's some real issues here- Just am having a hard time getting through it all.

And I wouldn't do the CC- Think if someone sent you a letter, but also cc 'd my boss- You don't want to evoke any negative emotions- even though you really, really feel like it!

Maybe, if I understand correctly:

Dr. Shulkin:

Sir, I've had multiple issues getting my C&P exams from private contractors to my regional office for rating. The contractors just don't understand it. At this writing, it's been four years, and we're unable to understand what could be the issue.

could you please have someone contact me to explain where the process is at, and if anything is required of me?

 

Very respectfully,

Navy Guy

Claim # 123456789

[Navyguy2013]

Guys, I agree with what you are saying. I am going to cut down my letter, probably by at least 1/2 to 3/2 and get to the heart of the matter. And I will only send the letter to the VA secretary. And yes, I really, really want to send this to everyone is listed, but at this point, its not the right way to go about solving my issues. I plan on firing this out to the VA Secretary tomorrow. I will let this forum know if anything comes from it. I appreciate all of your assistance with this.

[Buck52]

Roger That Navyguy2013