Four and a half years

Mr. Brian O'Neil of AZDVS brought up the topic of Power of Attorney and I gave him and AZDVS Power of Attorney on January 17, 2012. It took me four and a half years to see what he had done with it.




(Below) I try to get a copy of a document received by the Phoenix VA on February 7, 2012.

I am assuming that AZDVS's John Scott's email of September 2, 2015 at 10:41, is in response to my email of August 31, 2015 at 3:38 pm.

From Veteran to AZDVS
August 31, 2015 3:38 pm
Missing document identified by "February 7, 2012"
Dear Director of Arizona Department of Veterans Services Colonel Wanda Wright:
Please send me a copy of the document identified below with February 7, 2012.

(1) "We have received your typed statement on February 7, 2012, stating that you wish to withdraw your
claim for *Skin cancer"
(May 10, 2012, Jeffrey McAdams to Anthony M OConnell, Department of Veterans Affairs, Regional Office,
P. O. Box 34790, Phoenix, AZ 85067-4790)

(2) "VA withdrew your request for compensation of skin cancer, based on a typed statement that they
received on February 7, 2012."
(May 14,2012,9:21 am email.BrianO.NeiltoAnthonyOConnell.Arizona Department of Veterans Services,
240 S. Montezuma Street, Suite 208, Prescott, AZ 86303)

(3) "Statement submitted on February 7, 2012 that you would like to withdraw claim for skin cancer."
(May 17, 2012, 9:05am email.BrianO.NeiltoAnthonyOConnell.. Arizona Department of Veterans
.Services, 240 S. Montezuma Street, Suite 208, Prescott, AZ 86303)

(4) "VA Form 21-4138, Statement in Support of claim, received February 7, 2012"
(May 25,2012, T. A. Olson to Anthony M OConnell, Department of Veterans Affairs, Regional Office,
Pension Management Center (335/21 P), Bishop Henry Whipple Fed. Bldg., POBox 11000, St Paul MN 55111-90000)

Thank you.
Anthony OConnell 7637



From AZDVS to Veteran
September 2, 2015 10:41 am
(ADVS)
"Mr. O'Connell pursuant to your request, please see the answers to your questions:
The answer to your questions are:
1. 90 days is not an unusual time frame for the VA to recognize a correspondence sent by a veteran or his representative.
2. The VA has all of the documents in the veteran's claim file.
3. The letter in question (enclosed in his email) was sent from the Phoenix Regional office and stamped with Service Center Manager's signature who was Jeffrey McAdams at the time.
4. The VA is accountable for all actions taken on the claim. The AZDVS was representing and advising the claimant at the time.
5. The veteran can request a copy of his entire claims file through a FOIA request to the Pension Management Center in St. Paul MN. The address is on page 9 of the information he attached to the email.
The Letter you are requesting was sent from VA, not ADVS, and therefore in order to get it you would need to complete a FOIA freedom of information 9ompl~te a FOIA (freedom of information act) request of your VA Claims File. If you need assistance applying for said request please let us know so we can assist you.

SincereIy,
John F. Scott II
Asistant Deputy Director
Arizona Department of Veteras' Services
3839 N. 3rd Street, Suite 200
Phoenix, AZ 85012
602 234-8415

Comments:
1) Mr. Scott does not reference what he is responding to. This stops exposing the paper trail.
2) Mr. Scott's "1. 90 days is not an unusual time frame for the VA to recognize a correspondence sent by a veteran or his representative." implies that I raised this issue. I did not raise this issue.
3) The AZDVS makes it appear that the VA is responsible for the VA Form 21-4138 dated February 2, 2012, prepared by Mr. Brian ONeil of the AZDVS in Prescott, Arizona, and signed by him, and marked as being received by the Phoenix VA on February 7, 2012.
4) The question was: "Would you please send me a copy of the document identified below
with February 7, 2012?"



From AZDVS to Veteran
September 4, 2015
(AZDVS)
"Dear Mr. O'Connell,
Please call me regarding your request for documents dated February 7, 2012. I would like to discuss the proper procedure for you to acquire those documents.
Warmest regards,
R. Scott Fincher" (azdvs)

Comment:
1) The question was: "Would you please send me a copy of the document identified below
with February 7, 2012?"



From AZDVS to Veteran
September 9, 2015
(AZDVS)
"Mr. O'Connell,
I am Director Wright's assistant and would like if you could please provide me with your phone number so we can further assist you in your quest for your missing document you are continually emailing Director Wright regarding. Alternatively I can be reached at the number below. I look forward to hearing back from you so that we may help resolve this issue.
Very respectfully,
Tera Scherer" (azdvs)

Comments:
1) Why would "'Would you please send me a copy of the document identified below with February 7, 2012?" require verbal communication?
2) What more information do you need?



From AZDVS to Veteran
September 10, 2015, 1:25pm
(AZDVS)
"Tera Scherer <tscherer@azdvs.gov>
To: Anthony OConnell <anthonymineroconnell@gmail.com>
Thu, Sep 10, 2015 at 1:25 PM
Again I ask for a contact number to reach you so we may offer further assistance in this matter.
Very respectfully,
Tera Scherer"

Comments:
1) Why would this require verbal communication?
2) What more information do you need? Please be specific.
3) How did my "'Would you please send me a copy of the document identified below with February 7, 2012?" become your "Again I ask for a contact number to reach you so we may offer further assistance in this matter."
4) Do you want to make me appear responsible for you not sending me a copy?
5) Why destroy a clear paper trail with verbal communication?




(Above) It took me four and a half years to see a copy of this. It took me until July 16, 2016. Mr. Brian O'Neil of AZDVS prepared and signed this document dated February 2, 2012. His identity is concealed.