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VA Expands Protections for Veterans with Missing Paperwork

November 17, 2008

Peake: Benefit of Doubt for Vets, Accountability for VA Staff
http://www.vawatchdog.org/08/nf08/nfnov08/nf111808-4.htm


WASHINGTON – The Department of Veterans Affairs (VA) today announced special procedures for processing claims from veterans, family members, and survivors whose applications for financial benefits from VA may have been mishandled by VA personnel.

These special procedures come after an audit by VA’s Inspector General found documents waiting to be shredded at some of VA’s regional offices that, if disposed of, could have affected the financial benefits awarded to veterans and survivors.

“I am deeply concerned that improper actions by a few VA employees could have caused any veterans to receive less than their full entitlement to benefits earned by their service to our nation,” said Secretary of Veterans Affairs Dr. James B. Peake.

“In rectifying this unacceptable lapse, VA will be guided by two principles – full accountability for VA staff and ensuring veterans receive the benefit of the doubt if receipt of a document by VA is in question,” he added.

VA worked with the six largest veterans service organizations in developing these special new procedures. The procedures will assist veterans and survivors in establishing that an application or another document was previously submitted to VA, but was not properly acted upon by VA and was not retained in the veteran’s records.

The special procedures cover missing documents submitted by a veteran or other applicant for VA benefits during the 18-month period between April 14, 2007 and October 14, 2008.

VA will process any missing applications or evidence resubmitted under these special procedures as if the document had been originally submitted on the date identified by the claimant.

Veterans and other applicants have one year, or until November 17, 2009, to file previously submitted documents under these special procedures.

Veterans not covered by these special rules who believe relevant material is missing from their files can submit additional documentation at any time. An award of benefits earlier than April 14, 2007, may be established if there is credible corroborating evidence supporting an earlier date of document submission.

When this problem of mishandled documents was uncovered on October 14, 2008, VA immediately ceased all shredding activities while it established tighter controls over all claims documents and conducted special training for all employees who process veterans’ applications.

All regional office shredding equipment and operations are now under the strict control of the facility records management officer. Every employee has been given a separate receptacle for papers appropriate for shredding. These receptacles are subject to review by supervisors and other officials.

Before any claims document can be shredded now, it must now be reviewed by two people and the facility records management officer.

VA’s Inspector General is continuing to investigate a small number of cases where inappropriate shredding may be traceable to a specific employee. Legal and disciplinary action will be initiated to hold accountable any employee who has acted improperly.

Veterans and others who are concerned about missing documents and want more information on the special processing procedures may call 1-800-827-1000 for assistance or go to our website at http://www.vba.va.gov/VBA/specialprocedures_qa.asp.

They may also send an e-mail inquiry through IRIS@va.gov or visit their local VA regional office.

VA representatives will review VA’s record systems to verify receipt of applications and supporting evidence and will assist anyone desiring to file a claim under the special processing procedures for missing documents.

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Here is the link to the VA's "shredder" website...
http://www.vba.va.gov/VBA/specialprocedures_qa.asp

And the content is posted below (for safekeeping):

-----

Benefits - Veterans Benefits Administration

Information About Document Shredding Incident

Questions and Answers About Document Shredding Incident

1. What happened?

An audit of mail processing procedures at four VA regional offices by VA's Office of Inspector General (OIG) found 36 claims documents had been inappropriately placed in shred bins for disposal. VA immediately ceased all shredding activities while a nationwide review was conducted of all documents in shred bins. Approximately 500 documents that could potentially affect a claimant's entitlement to benefits were found improperly placed in shred bins at various regional offices. These regional offices are taking appropriate action on all of the documents found.

2. What is VA doing to keep this from happening again?

VA has established tighter controls over all claims documents and conducted special training for all employees who process veterans' applications. All regional office shredding equipment and operations are now under the strict control of the facility records management officer. Every employee has been given a separate receptacle for all papers determined appropriate for shredding. These receptacles are subject to review by supervisory personnel and the records management officer. Before any duplicate claims document can be shredded, it must now be reviewed by two persons and the facility records management officer.

3. How do I know if any of my claims documents were destroyed?

You may contact VA on our toll-free number, 1-800-827-1000, or send an inquiry through IRIS.VA.GOV. You may also review your claims folder at your local regional office. VA electronically tracks documents for currently pending claims and can verify receipt of your documents through its tracking system. VA also retains your claims applications and supporting documents in your VA claims file. Public contact representatives will review VA's record systems to verify receipt of applications and supporting evidence.

4. What is VA doing about missing documents?

VA has special new procedures to assist claimants in establishing that an application or other claims document was previously submitted to VA, but was not properly acted upon by VA or retained in the veterans' claim record. The special procedures cover any missing documents submitted by a veteran or other claimant during the 18-month period immediately preceding the date VA ceased all shredding activities, or between April 14, 2007 and October 14, 2008.

VA will process any missing applications or evidence resubmitted under these special procedures as if they were received on the date originally submitted, as identified by the claimant. Claimants have one year, or until November 17, 2009, to file previously submitted documents under these special rules.

5. If I believe that some of my documents are missing, what should I do?

If VA does not currently have one or more of the documents you submitted between April 14, 2007 and October 14, 2008 in connection with your claim for VA benefits, you should submit a request for consideration under VA's Special Claims Handling Procedures for Missing Documents.

6. How do I submit a request for consideration under these special procedures?

If you submitted an application or other supporting evidence between April 14, 2007 and October 14, 2008, and you believe VA does not have the document, you should submit a request for consideration under VA's Special Claims Handling Procedures for Missing Documents. Your request should be made in writing and sent to your local regional office or through your veterans service officer.

Your request should include the date the document was originally submitted to VA. To support your statement, please include copies of any of the missing documents, if available, such as a copy of your application form, a dated transmittal or cover sheet from your veterans service officer, or confirmation from the mail deliverer.

VA public contact representatives are available to assist anyone desiring to file a claim under the Special Claims Handling Procedures for Missing Documents. You may call our toll-free telephone line (1-800-827-1000) or visit any of VA's regional offices for assistance.

7. What if I don't have a copy of the previously submitted document(s)?

If the missing document is a completed application form for VA benefits, and you have not yet re-filed that application, you should complete another application form and submit it with your request for consideration under the Special Claims Handling Procedures for Missing Documents.

If you have already resubmitted your application form, but want VA to consider that application from the earlier date of your original submission, you should state that in your request for consideration under the Special Claims Handling Procedures for Missing Documents.

If the missing document is a VA or private medical record or other supporting evidence, please provide as much information as possible to specifically identify the missing document. VA will assist you in obtaining a duplicate copy.

8. What if I submitted my claim through my Veterans Service Officer?

If you think claims-related documents submitted through your representative were lost, you should contact your representative to obtain more information. If your representative has a copy of the evidence previously submitted, you may submit that documentation along with your request for consideration under VA's special claims handling procedures.

9. What if I have new evidence to submit?

If you have additional evidence related to your pending claim that you have not previously submitted, please send that evidence to your local VA regional office as soon as possible. VA will consider that evidence along with all other evidence in making a decision on your claim.

10. How long do I have to submit a request for consideration under the Special Claims Handling Procedures for Missing Documents?

You have until November 17, 2009 to submit previously submitted documents.

11. If VA determines I am entitled to benefits, will VA pay me from the date I originally submitted the missing documents?

VA will process any missing applications or evidence resubmitted under these special procedures as if they were received on the date originally submitted, as long as the date of original submission is between April 14, 2007 and October 14, 2008.

12. What if the missing claim document was submitted before April 14, 2007?

To support your statement that you originally filed your claim before April 14, 2007, please submit any documents you have that show you previously submitted this claim, such as a copy of your claim with a VA date stamp or date stamp of your representative, a dated transmittal or cover sheet from your representative's office, or confirmation from a deliverer of mail. We ask that, in addition to proof that you submitted a claim previously, you submit copies of whatever documents you submitted with that claim. If you did not retain copies of the documents that accompanied the claim you previously submitted, please clearly describe the documents. VA will consider your claim based on all evidence received, including evidence already in your claims folder. Effective dates earlier than April 14, 2007 may be established based upon receipt of credible corroborating evidence supporting the earlier date of document submission.