HBP Claim

[john999]

I very recently filed a claim online to the VA for a HBP claim via Agent Orange Presumptive.  I got a letter today dated January 12,  2021 saying the form I used online at Ebenefits is no longer in use.  They  already  received my claim and scheduled an exam for this month.  Are they just stupid or are they delaying claims again on any pretext?

[brokensoldier244th]

Don't yell at me, I don't know the history of your claim, and I didn't ask for your 'tude.

I'm just telling you what its for, and why its required- its a legally binding agreement. If your attorney didn't notify VA that you canned him then it needs to be taken off the record if it is still on there. If you didn't expressly revoke it before, then its still in effect, just like any other legally binding contract and it needs to be removed. There are requirements for that, and this form is one of them.

If you already filled them out and sent them in, then fine, that should be it. 

[brokensoldier244th]

Ebenfits has been in a decommissioning status for over a year, its not a surprise that there are outdated forms on it.

What form was it? The form date is clearly printed on the bottom, and any form that is modified or updated is still good for 1 yr past that date, but no longer. There is no pretext. The form is outdated, there is nothing you can do about it other than re-complete it. 

Some forms are modified because the legalese behind it is modified (like HIPAA language) or ratings criteria language to the examiner. Some forms, like 21-4142s and ITFs are only good for a year anyway. If you were told the form is outdated, then it is outdated, and is no longer valid and must be resubmitted. It is obviously not delaying your claim if you have an exam scheduled, so just fill out the form. 

[john999]

The form is 21-22 which has been changed to a 21-22A.  It is for choosing a representative.  I don't want a representative since it is a presumptive claim.  However, I will send it in to the VA, but it shows to me the incompetence of the VA.  This will probably delay my claim.  I am not that worried since it won't mean  money.  I am just annoyed. Nothing we do with the VA is easy and straightforward.

[brokensoldier244th]

If you aren't currently represented now but they are saying you need a 21-22 it means that you never revoked your original POA, probably, or at some point you sent one in and the form is incomplete in some way, so from VA's point of view it needs to be corrected. We have no idea if you revoke a POA until you tell us, or they tell us. They don't always tell us, either

21-22a is for Attorney representation, 21-22 is for VSO/Service Organization representation- big difference, two different forms- they didn't change.

In order to revoke you either have to do it Expressly- meaning you notify VA IN WRITING that you don't want to be represented by X,Y,Z, or, you fill out a 21-22/21-22A and appoint someone else.

 

https://docs.google.com/viewer?url=https%3A%2F%2Fwww.benefits.va.gov%2FWARMS%2Fdocs%2Fadmin21%2Fm21_1%2Fmr%2Fpart1%2FM21-1MRI_3_secA.docx%23%3A~%3Atext%3DWhen%20Representatives%20May%20Revoke%20or%2Cadversely%20impact%20the%20claimant's%20interests.

Edited August 13, 2022 by brokensoldier244th

[john999]

I have filed other claims without all this bs.  I have an attorney and they notified him.  He does not represent me anymore.  Now the VA starts up with all this notification stuff when I filed 5 claims before this and not a word about representation.  I am going to call the VA regional office and get an answer.  Send me a F**king form.  I have a 21-22 and 21-22A already.  I wrote all over them that I don't want representation.  Is that enough or is there more bs I have to go through?  I won a claim for increase a year ago and no fuss over these issues.  I will send them all this shit and be done with it.  I filed online to make it easy and it is not easy.  The claim is straight forward and presumptive.

[Mr cue]

I respect the love for the VA but many veterans here don't have that same love.

Some veterans can see the games. Before the VA play them.

Now he said he file 5 other claims after it was revoked now he has to revoke again.

An you don't see a problem.

Man handle your business you understand this is just to prolong things.