Document your benefits process
Jim,
I put in a claim about a year ago for diabetes and have had dirty tricks played on me ever since. The latest being - that they changed the date on my notice of disagreement (which was turned in within the one-year time period) to one-month past the time limitation. Then said they were rejecting my appeal because they received it late.
Do you have any suggestions as to what you think I should do in this situation?
Does the Attorney General take any of this fraud seriously especially since the 2009 hearings? If so, can you suggest any good people to contact in their office? I wonder if anyone has ever tried to get them for mail fraud, since they are using the US mail to defraud veterans!
Reply:
Complaints about how applications for disability benefits make up most of my communications from veterans. I teach veterans how to avoid common problems. For example, if you used certified mail with return receipt requested to submit your claim and the appeal of a denial, there would be no question about dates of receipt. You would have the evidence.
I'm not sure which 2009 hearings you're referring to? There were many hearings that year.
There is rarely any reason for any veteran to wait 11 or 12 months to file a Notice of Disagreement or to appeal a denial. If you are a Vietnam veteran and claiming an agent orange connection to diabetes, your claim should not be complex.
The VA Office of the Inspector General does not investigate individual disputes about claims. Their task is much broader than that. If you had followed the rules of engagement, your NOD would have been submitted promptly and you would have evidence of delivery.
Veterans who file claims with VA have a responsibility to do their part. If the claim isn't properly submitted with all the necessary evidence, the veteran can anticipate problems. The system is badly broken and we must work harder on our end to make it work for us.