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Got White House Hot Line Response

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Berta

Question

VA Central called me.........

 We discussed the three main parts of my letters to the President and Sec Shulman and  he said the new proposed bill regarding the appeals process contains some of my ideas I sent to POTUS and to the Secretary in February.

I have many more ideas...but this time of year I deal with so much as it is and I hope others are contacting the Hot Line with any ideas they have as to the claims process or the backlog reduction.

I have not even had a minute to read the new proposed appeals legislation....... anyone have a link????

The malpractice part........I might hear from OGC. the man from VACO was not sure how that will be handled ....and I have more evidence to prepare for that....

The complaint I made against the Director of the Buffalo VA on the hot line call.......---- I told him I will follow up on via snail mail........I am sure the Buffalo VA director is well aware of the complaint. And I have plenty of evidence.  

This is our chance to utilize the Accountability Act to i's full advantage. The VA does not know who the VA screw ups are. We all have evidence of C & P s that were incompetent. Many of us have had to pay a Real doctor to overcome them. The BVA reveals evidence of that fact.

Also the BVA reveals the lack of proper extention of our VCAA rights and  the countless remands, causing the backlog ,  mean re dos of what the VA was already paid to do right the first time.

But VA isn't going to listen just to some senior citizen civilian widow like me, living high up on the beautiful Allegheny Mountain plateau, hoping someday I can really retire from VAOLA , enjoying my farm and  surroundings, eating brownies and watching war movies and be truly done with  waiting for the VA to become equitable to every veterans and their dependents and survivors.

It will be up to veterans to change the VA....

or they wont. And VA will be Very happy to try to continue to maintain their Status Quo .

President Trump Hot Line Complaints and claims input     1-855-948-2311

 

 

 

 

 

 

 

 

 

 

 

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This is the bill I had input into per VA Secretary's office :

https://www.congress.gov/bill/115th-congress/house-bill/457/text

§ 5103B. Applicability of duty to assist

 

 

 

“(a) The Secretary’s duty to assist under section 5103A of this title shall apply only to a claim, or supplemental claim, for a benefit under a law administered by the Secretary until the time that a claimant is provided notice of the Agency of Original Jurisdiction’s decision with respect to such claim, or supplemental claim, under section 5104 of this title.

 

 

“(b) The Secretary’s duty to assist under section 5103A of this title shall not apply to higher-level review by the Agency of Original Jurisdiction, pursuant to section 5104B of this title, or to review on appeal by the Board of Veterans’ Appeals.

Also this is a change:

"(h) Section 5110 of title 38, United States Code, is amended—

 

(1) by amending subsection (a) to read as follows:

“(a)(1) IN GENERAL.—Unless specifically provided otherwise in this chapter, the effective date of an award based on an initial claim, or a supplemental claim, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor.

 

“(2) Effect Of Continuous Pursuit Of A Claim On Effective Date Of Award.—For purposes of applying the effective date rules in this section, the date of application shall be considered the date of the filing of the initial application for a benefit provided that the claim is continuously pursued by filing any of the following either alone or in succession—( :biggrin: yippee they got my point)

 

“(A) a request for higher-level review under section 5104B of this title within one year of an Agency of Original Jurisdiction decision;

 

 

“(B) a supplemental claim under section 5108 of this title within one year of an Agency of Original Jurisdiction decision;" 

 

“(C) a notice of disagreement within one year of an Agency of Original Jurisdiction decision; or      (This is a BIGGY I pushed on- the "OR" part)

 

 

“(D) a supplemental claim under section 5108 of this title within one year of a decision of the Board of Veterans’ Appeals.

 

 

 

 

“(3) Supplemental Claims Received More Than One Year After An Agency Of Original Jurisdiction Decision Or Decision By The Board Of Veterans’ Appeals.—Except as otherwise provided in this section, for supplemental claims received more than one year after an Agency of Original Jurisdiction decision or a decision by the Board of Veterans’ Appeals, the effective date shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of the supplemental claim.”; and

 

“(c) Correction Of Duty To Assist Errors.—

 

“(1) HIGHER-LEVEL REVIEW.—If, during review of the Agency of Original Jurisdiction's decision under section 5104B of this title, the higher-level reviewer identifies an error on the part of the Agency of Original Jurisdiction to satisfy its duties under section 5103A of this title, and that error occurred prior to the Agency of Original Jurisdiction's decision being reviewed, unless the claim can be granted in full, the higher-level reviewer shall return the claim for correction of such error and readjudication."

I need to repeat this part:

“(2) Effect Of Continuous Pursuit Of A Claim On Effective Date Of Award.—For purposes of applying the effective date rules in this section, the date of application shall be considered the date of the filing of the initial application for a benefit provided that the claim is continuously pursued by filing any of the following either alone or in succession—"

under (h) Section 5110 of title 38, United States Code, is amended...."

YES -they are getting it right!!!!!!!!!!!!!!!:rolleyes: Praises be to God that He gave me this brain!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

I find and post that part of my letter to Sec Shulkin here.

These are BIG changes to 38 USC.

There is nothing about my Fast Letter request but that would not be within a Bill---Sec. Shulkin can issue one himself.

Edited by Berta
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Part of the letter to the Secretary--I went into a short explanation of CUE and why the Fast Letter should be prepared ,then I wrote ....

 

"We cannot file CUE on violations of DUE process ( meaning the VCAA aka the 5103 waiver )but  if that waiver leads to a direct violation of our legal rights in 38 USC,CFR, and/or M21-1MR, to our detriment as a claimant, it will set the stage for a denial that ,if appealed will go to the BVA, for a long wait , to most probably cause a remand ,for  another long wait and hopefully the veteran  will be able to live long enough to see a proper and legal resolve of the claim."

This proposed bill might well eliminate the need for a Fast Letter as I requested from the Secretary because it will change 38 USC, 38 CFR, and M21-1MR to give us the ability to ask VA to CUE themselves, within the appeal period, with a new regulation- -----------------------this one!!!!!!!!!!!!!!!!!!!

Lets hope it gets through the House and the Senate fast.

If public comment is needed at the Federal Register, I hope many here will support the bill or add something to it if they have a good idea.

 

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Berta, If you go on the internet and type in V.A. Appeals Modernization Act of 2017, you will get the information.  You can actually see and print  a copy of the bill, which is 55 pages, or highlights of the bill.

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Yes I have the bill.It covered my NOD remarks to the Sec. as well as the other issue of VCAA 5103 violations. I had to admit to the VACO man that I had not time to read it yet and I  didnt think it had anything to do with my February letter. I was wrong......and I am thrilled!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

I just told NVLSP.

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