New VSO

[jfrei]

New VSO just filling in for someone out for the next 8 days of her office when I called him we talked about the care giver program. He said you know whats not in your file your DD214 I said that's weird my  stressors for my PTSD were DX I gave him a copy of my May DBQ. Which seperated my

PTSD, sTBI, and chronic AD. I said here's my application for the caregiver which the program head said she was going to deny my wife on the phone since I'm not close to being institutionalized. She's never even met me the New VsO he took all my paper work said he was going to talk to her tomorrow about it. He looked at me after my paperwork said never give up keep fighting. We will see where that leads tomorrow maybe an answer to why after she reads my DBQ...

 

Edited June 21, 2017 by jfrei

[broncovet]

VSO's cant "deny you over the phone".  Neither can rating specialists.  Fear less, read more:

The VA has to comply with certain "procedures and due process".  These are addressed in 38 CFR 3.103.  It includes the fact that VA must issue a written decision with a reasons and bases:

 

Quote

 

NOVA v. Shinseki – Fed. Cir. Orders the VA to Respond After Changes to 38 C.F.R. § 3.103 Repealed

Posted on March 25, 2013 by Seth Director

On March 21, 2013 the  Federal Circuit issued a precedential order [hereinafter “Order”] in National Org. of Veterans Advoc. (NOVA) v. Shinseki, ordering the Department of Veterans Affairs (VA) to “show cause why it should not be sanctioned” after rule changes to 38 C.F.R. § 3.103 were repealed.

As a background, 38 C.F.R. § 3.103 sets forth certain procedural rights the VA must follow during the course of claims adjudication.  Section 3.103(c)(2) requires that the VA “explain fully the issues and suggest the submission of evidence which the claimant may have overlooked and which would be of advantage to the claimant’s position.”  Section 3.103(a) further requires the VA “to assist a claimant in developing the facts pertinent to [their] claim” and “render a decision which grants every benefit that can be supported in law while protecting the interests of the Government.”  These provisions apply before both the agency of original jurisdiction (RO) and the Board of Veterans’ Appeals (BVA).

On August 23, 2011, the VA issued a rule that eliminated the some of the aforementioned rights and stated that 38 C.F.R. § 3.103 would not apply to hearings before the BVA.  On September 9, 2011, NOVA petitioned the Federal Circuit and argued the VA’s rule change violated 5 U.S.C. § 553 by not allowing for the mandatory notice-and-comment period set forth in the APA.

On April 18, 2012, repealed the rule changes to 38 C.F.R. § 3.103 and agreed that the rule change was void ab initio.  NOVA’s petition before the Federal Circuit remained pending as the parties determined how to address BVA decisions made between August 23, 2011 and April 18, 2012.

In its March 21, 2013 Order, the Federal Circuit expressed concern over the VA’s conduct in not affirmatively taking measures to ensure that BVA decisions between August 23, 2011 and April 18, 2012 correctly applied the provisions of 38 C.F.R. § 3.103 as they existed prior to the now-repealed rule change.  The Federal Circuit stated, “VA’s failure to abide by its commitments to this court and opposing counsel raises the question of whether we should exercise our inherent or statutory powers to issue sanctions against the agency and the responsible officials.”  The Federal Circuit ordered the VA to show cause why it should not be sanctioned or, alternatively, submit a plan for how the agency intends to “indentify and rectify harms” caused by the now-repealed  38 C.F.R. § 3.103.  The Order provided the VA with sixty (60) days to respond so I will address the outcome of this case in future blog posts.

 

 

 

[jfrei]

3 hours ago, broncovet said:

VSO's cant "deny you over the phone".  Neither can rating specialists.  Fear less, read more:

The VA has to comply with certain "procedures and due process".  These are addressed in 38 CFR 3.103.  It includes the fact that VA must issue a written decision with a reasons and bases:

 

 

Misspelled he didnt say that the person in charge of the caregiver program at my local VA hospital did on the phone to me and my wife he offered to help me get help said don't stop fighting for it 

Edited June 21, 2017 by jfrei

[MikeHunt]

Was a slew of stories months ago where the were summarily axing beneficiaries. I'm sure it was posted here. One example:

http://www.oregonlive.com/watchdog/index.ssf/2017/03/frustration_few_answers_after.html

My guess is the non-Veterans in charge decided there was a subset they could cut, and complaints wouldn't get press. It did get press...

http://www.military.com/daily-news/2017/04/18/va-stops-dropping-family-caregivers-program-review.html

Complain. I'm not sure the person you spoke with was a VSO, though.

[jfrei]

Me either he was just the Oef Oif person at the Va hospital 

Edited June 21, 2017 by jfrei