Va Trying To Pull

[Berta]

From VA Watchdog:

http://vawatchdog.org/nfDEC06/nf122106-3.htm

2922. [bull] SUPPLEMENTAL STATEMENT OF THE CASE

Priority: Other Significant

Legal Authority: 38 USC 501(a); 38 USC 7105(d)

CFR Citation: 38 CFR 19.38; 38 CFR 20.302; 38 CFR 20.303

Legal Deadline: None

"Abstract: The Department of Veterans Affairs (VA) proposes to amend its

regulations regarding the time limit for filing a response to a

Supplemental Statement of the Case. We propose to change the response

period from 60 days to 30 days. The purpose of the change is to improve

efficiency in the appeals process and reduce the time it takes to

resolve an appeal, while still providing an appellant with a reasonable

period of time to respond to a Supplemental Statement of the Case"

Also I caught this at Larry's sight today:

"The VA may discard paperwork upon receipt. That 'discard' possibility means that a veteran

must have a secure means of delivery of his paperwork to the VA. Regrettably, veterans

must presume that the VA will not act ethically with the veteran’s paperwork received in

ordinary mail. All veteran paperwork sent to any VA Regional Office should be sent

CERTIFIED – RETURN RECEIPT REQUESTED." Attorney who handles veterans' claims"

They discard it when you DO send it certified.

WHat a crock! - and another thing- they often don't even read the veteran's response to SSOCs these days-

I got awards based on NODs, or SOC and SSOC responses in the late 1990s and these days- the Buffalo VARO does not even read or acknowledge any response or any evidence attached to it.

[Philip Rogers]

We do have a VAMC in town here, but there's no way we're going to move to south Louisiana to chase the stupid RO.

Enabling them to screw up by ignoring documented proof of a service performed by another federal agency, the USPS, that disability claims have in fact been mailed and received does us no good.

You should be able to turn in evidence at your VAMC, have them stamp it received and then they forward it to the RO. A VA is a VA is a VA. Don't matter which one. jmo

pr

[john999]

Vicki

My point is that it is easier to change your tactics as a vet than to try and force the VA to change their way of doing things. If you can't go in the door then go in the window. Most of the vets here who have got a clear goal have usually gotten there by hook or by crook. You know that the VA is going to screw you over even if you have a perfect case if their is big money involved. You just persist and change your tactics to meet the situation. I worked for the federal government for about 20 years and I learned the only way to beat them is with their own rules and regulations. Of course, I took my licks along the way. I lost many thousands of dollars by not understanding the regulations and not knowing how to beat them. It is always a crap shoot. No one vet or spouse should give up as long as they can file an appeal or find new evidence.

[Stretch]

Might as well give this up:

I have been using WinFaxPro 10. I have been useing WinFaxPro for 15 years, and I decided that I would use this program in my claims. I have faxed every piece of evidence for 5 years. My C-file is now about 9" thick. I can reproduce the evidence, over and over and over again, within 30 seconds, if my computer is on.

Each piece of evidence is:

• duplicate and stored in appropriate labeled directory.
  
• time stamped.
  
• date stamped.
  
• Phone # stamped.
  
• address to a specific individual.
  
• does not include attachments (the actual fax is written in with page numbers).
  
• each fax catagory is stored in a separate labeled directory.
  
• total faxs, with headers, which include all of the above can be sent or printed out.
  
• each page has my name and C-file number at the top.
  
• produces telephone log reciept.
  
• produced as a straight perfect document.
  
• each fax has my signature, the Honest ABE statement.
  
• separate CC (Carbon Copy) can be sent to others (Congressman, Senator, etc.)
  
• ready for refax, at a fingers touch, if some feller losses it. With the original time date and reciept.
  
• can be used, at CAVC, to prove neglegence on the part of loss records.
  
• can produce picture, documents of any sort PDF WPD Jpg Bmp Gif Word Excell, within the fax.
  
• and much much more.
  

Negligence, on the part of the VA, will no longer be appropriate. The loss will be on them now, and not to my disavantage.

Assigning individual responsibility might help at the higher courts under the whistle-blower law. I use MS Outlook, to record call dates and persons talked to, and I write down the questions asked and the answers given. Lost evidence always seems to work to the VSO and VA's advantage in denying claims. Not this time.

I was told, from the VSM, as long as the number of pages is stated that each page has to be accepted. My evidence has been listed in my Soc and Ssoc, so I know that it was accepted.

[Berta]

Mike said:

"address to a specific individual"

I did that by sending my evidence to the DRO, and the VSM,as well as normal Re: 307 info on their mail-all priority mail- and I sent the director a letter decribing my evidence- that- in 2005 had not been addressed-it was mentioned in my remand request 2006 and attached to that and came back with the remand-I am sure-

what bothers me the most is that the socalled submissions by fax of it through my POA never were received either-by VARO-and I am still waiting for something from the POA on that.

Regional Counsel suggested that I ask for the rater's name- the files are with a rater-

I called 800# knowing they would not tell me who they were with.

It has been a week since I sent a Service complaint and put it to Attention of Deputy Secretary Mansfield-I have had no reply-but those types of emails take time-

I asked Sec Mansfield- if I send him my IM0s and 5 bucks for mailing would he himself submit my evidence to the VARO. It isn't just the IMos that are missing- I have made over 30 submissions of medical evidence-including them.

I thought that maybe I was an isolated case- and I went through this many years ago too- same VARO- but I see that I am not the only one having this problem-

It is amazing that it used to be claims were denied as they tried to knock down the evidence-

now, they make sure they don't get the evidence,in order to deny claims.

9 days ago via email- I asked my POA on their letterhead, to tell me the exact status at VARO of my IMOs-

to see if they get the same "never received" story.

After all they claim that 2 were presented by a vet rep to the DRO in 2005- but the SSOC shows that never happened-

and they claim they have sent them in since by fax.

No answer yet at all----

One rep apparently took credit for getting my fast remand! I immediately clarified that!

That's good - they would not support my BVA remand request at all and then were stunned when I got it-but now one of them is taking credit for it? Bull----!

[Guest fla_viking]

Dear Fellow Veterans & Friends

The VA wants to limit by half the time to appeal so the vet wont have to wait so long. I notice here the only one who has time limits is the vet. There is no time limits for the RO to make a ruling. If they want to save the vet time. Just stop those useless SSOC. SOme of them take 1 1/2 years to 2. SOme of us would just want to take the first denial and appeal.

Terry Higgins

[Guest rickb54]

Terry,

I don't even think we need a statement of the case, let alone a supplement statement of the case. When we receive the rating denial, the last paragraph usually explains why the claim was denied. Everytime I have ever filed a NOD and request for appeal/de novo review I have told the va that I do not what a SOC that it is a waste of paper, and time. Oh I still get the stupid think, but they already have my request for appeal/de novo review so it really is a waste of time and paper. Sometime I want to meet the jerks that came up with this non-adversary process...