Dingess Hartman Letter

Berta · April 22, 2007

Last year in the last 2 weeks of March- all Ros were supposed to send all claimants a Dingess Hartman letter.

Whether they got a legal VCAA letter or not.

I never got one but figured maybe widows dont- I just found evidence at BVA web site that widows are supposed to get them too.

I never got one as well as a legal VCAA letter.

I am asking my Congressman to sponsor a bill regarding the fact that ROs are defying our DTA rights by only sending legal VCAA letters to some of us but not all.

I might as well ask him to add Dingess Hartman letters too.

The Letter from VA to all veterans and widows with pending claims under Dingess HArtman V Nicholson (2006)does not require responses from veterans but it expands the scope of the VCAA as to telling the veteran what evidence they need.

It is explained here:

http://209.85.165.104/custom?q=cache:Cf7mz...381742111066612

Have you all gotten this letter? They were sent in late March of last year.

Berta · April 23, 2007

It takes vets fighting back.

This is a scam.

I didn't know for 7 years what it was like to be a VA claimant again.

It actually took me to become a claimant again and then to see what a Scam the VA is pulling on claimants-

I am very impressed with the way that the Kentucky Division of Veterans Affairs

has handled the VCAA and Dingess Hartman as to advising their vet reps.

Jim STrickland (VA WAtchdog) makes this point as to the VCAA:

"The VA fights it but you can use this to your advantage. Invoke VCAA. Read, understand and learn what VCAA can do for you. If you are within a year of the VCAA letter you received, then you have rights to reopen old cases, don't let the time limit pass."

I invoked it and got a fast remand-but how many claimants will invoke it?

That is what it would take-if every veteran who was denied and got an illegal VCAA started demanding their rights at the VA.

I received no support whatsoever from my POA on the VCAA violation-they pick and choose what claims they will actually support and their remands at the BVA show it.

Every vet whose rights have been violated under the VCAA has to fight it as an individual.

sixthscents · April 23, 2007

After reviewing several of the claims I am handleing, I have yet to find a single one.... this is after going thru about 50 files... I'm going to give up... I dont think any were sent out in my neck of the woods. I'd have at least a few of them...

I am going to dig into this....

Bob Smith

tssnave · April 24, 2007

Berta,

Yes, I got the Dingess/Hartman letter dated March 20, 2006. At that time my file was sitting at the DRO. It would be almost another year before they made a decision on my claim.

Prior to that, in Sept 2005 I got a letter from the VA that stated "We are processing your disagreement for compensation benefits. We received it Feb 05. In order for us to gather all the evidence we need to make a decision in your claim, we need additional evidence. This letter is to tell you what you need to do."

Under the header "What the VA Needs From You" they go on to ask me about my National Guard unit which was a waste of time because I had already given it to them and more importantly, my claim was that I had been seen on active duty, not while I was in the NG; for the SSN and DOB (I kid you not) of the active duty shrinks who wrote letters supporting my claim initially saying they treated me while I was on active duty; and a request for copies of civilian medical records that I'd already given them.

Since they already had 2:3 of the things they asked for and it was pretty ludicrous to expect anybody in this day and age of identity theft to turn over their SSN and DOB, I thought the letter was useless. However, I sent them the information they asked for AGAIN, and surprisingly enough, one of the shrinks (the other had changed jobs and retired and I can't locate him) sent the DAV his ORB (Officer Record Brief) that proved he was in the capacity he stated he was back in the early 80s and he also attested that he had served with the other shrink.

If this is the great, hallowed "Duty to Assist" letter all it did for me was piss me off that I was waiting months on end only to get a letter asking me for stuff I'd already sent them.

But, back to the original query - Yes, Berta, I got the March 20, 2006 Dinges/Hartman letter. When I called the DAV to ask them what I was supposed to do about it since I'd already replied to the Sept 05 letter asking for my NG info, civilian records, and the shrinks id info, I was told to ignore it and not sign or send it in so I did nothing other than file it. Since the VA had requested my SMR multiple times not signing it may have given me another 6 months delay but on the other hand it gave St Louis 6 more months to cough up my SMRs which they never did.

Thanks,

ts

Edited April 24, 2007 by tssnave

Berta · April 24, 2007

Sounds like you did get a legal VCAA-

The Dingess Hartman letter is supposed to spell out 5 things:

http://www.2ndbattalion94thartillery.com/C...ewVAprocess.htm

(Excellent site and explanation)

It seems to me that only the DAV, and AL and some state divisions fully understand what this letter is all about-

It only went to claimants with claims pending and/or in appeal status in

MArch 2006.It didnt need a response.I never got one nor a legal VCAA letter.

"Since the VA had requested my SMR multiple times not signing it may have given me another 6 months delay but on the other hand it gave St Louis 6 more months to cough up my SMRs which they never did."

You probably answered this before and I forget what you said.

I NEVER ever believe the VA if they say they cant get any SMRs from St. Louis.

I NEVER believe them when they say SMRS were lost in the fire either.

BAsed on experience having the vet themselves try to get them.

Not always but in many many cases the vet got what the VA said NARA didnt have.

I have records here, med recs and SMrs etc from some local vets I helped and just the other day- (I need to get this stuff back to the vets I helped) I found a set of SMRS that VA told the vet were completely destroyed in the St. Louis fire-no char marks whatsoever-they are perfect- we got them via NARa

Have you sent a SF 180 to NARA to try to get them yourself?

tssnave · April 24, 2007

Berta,

Prior to submitting my claim I tried to get copies of my SMR. I faxed in a request based on what the internet told me to do. I got a fax back that said there were no SMR. I included all dates of service. Then I called in and was told on the phone that they don't usually give psych records to vets but will give them to the VA. This is why I searched for the doc who treated me on active duty and had him write a letter in support of my claim that he treated me, which the VA disregarded because my National Guard SMR didn't have any indication that I'd been seen for a mental disorder. This was correct because I HAD NOT been seen in the NG nor did I ever claim to have been seen in the NG (I was a weekend warrior, not the like they are calling up the NG full time these days and deploying them back to back to the sand).

At this point, since the C&P doc said there was a nexus between the shrink letter and my continued treatment, the DRO granted service connection so I don't see any use worrying about my SMRs any longer. Is there another side to letting sleeping dogs/SMRs lie that I'm not seeing?

Thanks,

ts