All
1969 From Veteran’s DD214
“Navy Commendation Medal with combat “V”
Republic of Vietnam Campaign Medal
Vietnam Service Medal
National Defense Service Medal
-
Naval Reserve Officer Training Corp, University of Virginia
CIC Officer’s School, 8/64 – 9/64
Underwater Swimmers School 10/65 – 11/65
Explosive Ordinance Disposal School 1/66 – 7/66
Technical Escort School 4/68 – 5/68”
2012Jan17 Print out from Prescott VA hospital given by hand to Veteran.
(See pdf)
(Note: If Catherine Kilmer, program support assistant, had not voluntarily told me about the economic benefit program, I (the veteran) would never have known about it)
Jan17 VA Form 21-22 (Appointment of veterans service organization as claimant’s representative) {Power of Attorney}
Note - if you would prefer to have an individual assist you with your claim, you may use V A Form 21-22a, "Appointment of individual As Claimant's Representative."
IMPORTANT - PLEASE READ THE PRIVACY ACT AND RESPONDENT BURDEN ON REVERSE BEFORE COMPLETING THE FORM
1. LAST-FIRST-MIDDLE NAME OF VETERAN
Oconnell Anthonv M
2. VA FILE NUMBER (Include prehx) 25 163 990
3A. NAME OF THE SERVICE ORGANIZATION RECOGNIZED BY THE DEPARTMENT OF VETERANS AFFAIRS (See list on reverse side before selecting organization)
045 - Arizona Department of Veterans Services
3B. JOB TITLE OF OFFICIAL REPRESENTATIVE AUTHORIZED TO ACT ON VETERAN'S BEHALF
Any accredited representative
INSTRUCTIONS - TYPE OR PRINT ALL ENTRIES
4 SOCIAL SECURITY NUMBER (Blocked out by veteran)
5. INSURANCE NUMBER(S) (Include letter prefix)
6A. SERVICE NUMBER(S)
6B. BRANCH OF SERVICE
7. NAME OF CLAIMANT (If other than veteran)
8. RELATIONSHIP (If other than veteran) Veteran
9. ADDRESS OF CLAIMANT (No. and street or rural route, city or P.O., Stale and ZIP Code)
439 S Vista Del Rio
Green Valley AZ 85614
10. CLAIMANT'S TELEPHONE NUMBER /Include Area Code)
A. DAYTIME 0 None
B. EVENING 0 None
11. E-MAIL ADDRESS anthonymineroconnell@gmail.com
12. Date of this appointment 01- 17- 2012
13. AUTHORIZATION FOR REPRESENTATIVE'S ACCESS TO RECORDS PROTECTED BY SECTION 7332, TITLE 38, U.S.C.
Unless I check the box below, I do not authorize VA to disclose to the service organization named on this appointment form any records that may be in my file relating treatment for drug abuse, alcohol, or alcohol abuse, infection with the human immunodeficiency virus (HIV), or sickle cell anemia.
(box checked) I authorize the VA facility having custody of my VA claimant records to disclose to the service organization named In Item 3A all treatment records relating to drug abuse, alcoholism or alcohol abuse, infection with the human immunodeficiency virus (HIV), or sickle cell anemia.
Redisclosure of these records by my service organization representative, other than to VA or the Court of Appeals for Veterans Claims, is not authorized without my further written consent. This authorization will remain in effect until the earlier of the following events: (1) I revoke this authorization by filing a written revocation with VA; or (2) 1 revoke the appointment of the service organization named above, either by explicit revocation or the appointment of another representative.
14. LIMITATION OF CONSENT - My consent in item 13 for the disclosure of records relating lo treatment for drug abuse, alcoholism or alcohol abuse, infection with the human immunodeficiency virus (HIV), or sickle cell anemia Is limited as follows:
No Limitations
I, the claimant named in items 1 or 7, hereby appoint the service organization named in item 3A as my representative to prepare, present and prosecute my claim for any and ail benefits from the Department of Veterans Affairs based on the service of the veteran named in item 1. I authorize the Department of Veterans Affairs to release any and all of my records, to include disclosure of my Federal tax Information (other than as provided in items 13 and 14), to that service organization appointed as my representative. It is understood that no fee or compensation of whatsoever nature will be charged me for service rendered pursuant to this power of attorney. I understand that the service organization I have appointed as my representative may revoke this power o! attorney at any time, subject to 38 CFR 20.608. Additionally, in those cases where a veteran's income is being developed because of an income verification necessitated by an Internal Revenue Service verification match, the assignment of the service organization as the veteran's representative is only valid for five years from the date this form is signed for purposes restricted to the verification match. Signed and accepted subject lo the foregoing conditions.
THIS POWER OF ATTORNEY DOES NOT REQUIRE EXECUTION BEFORE A NOTARY PUBLIC
15. Signature of claimant (Do not print) Anthony M. O’Connell (seal)
16. DATE SlGNED 01-1 7-2012
DATE SENT ACKNOWLEDGED REVOKED (Reason and dale)
NOTE: As long as this appointment is in effect !he organization named herein will be recognized as !he solo agent for presentation of claim before the Department of Veteran’s Affairs in connection with your claim or any portion thereof.
VA FORM 21-22
Jan17 VA Form 21-526 (Veteran’s application for compensation and/or pension)
(See pdf)
(INSERT WORDS) BLOCK OUT SSN
Point A
Jan24 (snail mail) Jeffrey McAdams to Veteran
“We have received your application for benefits. It is our sincere desire to decide your case promptly. However, as we have a great number of claims, action on yous may be delayed. We are now in the process od deciding whether additional evidence or information is needed. If we need anything else from you, we will contact you, so there is no need to contact us in the meantime. If you do write us, be sure to show YOUR file number and full name, or have it at hand if you call.
If your mailing address is different than that shown above, please advise up of your new mailing address. You should notify us immediately of any changes in your mailing address.
Enclosed is additional information about VA benefits and servives. If you reside in the Continental United States, Alaska, Hawaii, Guam, the Northern Marianas, or Puerto Rico, you may contact VA with questions and receive free help by alling our toll-free number 1-800-827-1000 (for hearing impaired TDD 1-800-829-4833). From American Samoa you may dial toll free 684-699-3730. You can send us an e-mail through our web site www.vagov by clicking “Contact Us”.
Note: TDD phone number 1-800-829-4833 for callers residing in Guam and the Northern Marianas.
J. McAdams
Veterans Service Center Manager
Enclosures: 21-0760”
Jan24 (regular mail) Jeffrey McAdams to Veteran
[page 1]
Important – reply needed
Dear Mr. Oconnell:
We are working on your claim for:
* skin cancer * NSC
This letter tells you what we will do with your claim and what we can do to help us. Please read the enclosure to this letter “Veteran Claims Assistance Act (VCAA).” The enclosure explains how we obtain evidence related to your claim and the legal requirements for supporting your claim.
What do we still need from you?
We need additional evidence from you. Please put your VA file number on the first page of every document you send us.
* On your application. You indicated that you received treatment from from UVA Hospital.
Complete and return an enclosed VA Form 21-4142. Authorization and Consent to Release Information, for each health care provider so that we can obtain treatment information. You may want to obtain and send us the information yourself.
* We need evidence showing that the following condition(s) existed from military service to the present time:
skin cancer
* Send any treatment records pertinet to your claimed condition(s), especially those which are recent (within the last 12 months). This includes reports or statements from doctors, hospitals, laboratories, medical facilities, mental health clinics, x-rays, physical therapy records, surgical reports, etc,. These should include the dates of treatment, findings, and diagnoses.
[page 2]
* We are requesting your service treatment records from the service department. You do not need to contact the service department yourself. If you have your service treatment records already in your possession, please submit them. Original records are preferable to copies.
* Additional information concerning your expenses are needed. Please fill out Sections I through V of the enclosed VA Form 21-8049, Requests for Details of Expenses, and return the form to the address at the top of his letter.
* You reported that you paid some medical expenses during the past year. These medical expenses could increase the amount of your VA check. However, more information is needed before we are able to adjust your award.
Please complete and return the enclosed VA Form 21-8416, Medical Expense Report. You should check to be sure to include all your year’s medical expenses.
* In support of your claim for pension, we need (1) evidence showing that you have qualifying active duty service (at least 90 days of active duty, one of which was during a period of war), (2) evidence showing you have qualifying income and net worth, and (3) medical evidence showing that you are unable to work because of your disabilities.
* Please provide medical evidence of your permanent inability to obtain or maintain substantially gainful employment due to disability.
* If you served aboard a US Navy or Coast Guard ship on the offshore “blue waters” of Vietnam, VA will presume Agent Orange exposure if your service included duty or visitation within the country of Vietnam itself, or on it’s inland waterways, between January 9, 1962, and May 7, 1975. We need evidence that your ship entered Vietnam’s inland waterways while you were aboard or that you went ashore while the ship was docked or at anchorage. Please provide us with the name of your ship and the approximate dates, to the best of your recollection, when your ship entered the inland waterways, docked, or otherwise sent you ashore. If your ship docked, you must state whether or not you went ashore. If you went ashore from a ship at anchorage, you must explain the circumstances. Agent Orange exposure will not be presumed if your ship just anchored temporarily in an open deep-water harbor such as Da Nang, Cam Ranh Bay, or Vung Tau, and you remained on the ship.
Some Veterans served on smaller, shallow draft vessels operating primarily on the inland waterways or “brown waters” of Vietnam’s rivers, canals, estuaries, and delta areas, where herbicide exposure is presumed to have occurred. Please tell us if you are one of these Veterans and provide the name of your vessel and dates of service in Vietnam.
[page 3]
* In order for VA to acknowledge that you were exposed to Agent Orange, please send evidence that: (l) you physically served within or visited the country of Vietnam, or its inland waterways, between January 9, 1962 and May 7, 1975. If you were stationed aboard a ship, we need the ship's name and evidence that it entered Vietnam's inland waterways or that you went ashore; (2) you served in a unit stationed along the Korean demilitarized zone between April 1, 1968 and August 31, 1971; or (3) you were exposed to Agent Orange in some other manner, with an explanation of when, where, and how you were exposed. You may include statements of persons who know of your exposure. Any person making a statement should provide as much description ofthe exposure as possible, and include his or her name, service number (or social security number), unit assignment, and dates of service.
* Send us medical evidence that shows the diagnosis and earliest symptoms for each disability below that resulted from your exposure to herbicides (Agent Orange):
skin cancer
If you are claiming a skin condition, we need medical evidence that shows your skin condition was present during the first year after your last service in Vietnam.
* If you have had a herbicide examination or have been treated for herbicide exposure at a VA health-care facility, send us a copy of the medical report with exposure history. If you do not have a copy, tell us the name of the VA facility serving you and the date of a VA examination or treatment so we can obtain a copy for you.
* Send us any treatment records related to your claimed condition(s). This includes reports or statements from doctors, hospitals, laboratories, medical facilities, mental health clinics, x-rays, physical therapy records, surgical reports, etc. These· should include the dates of treatment, findings, and diagnoses. If you want us to try to obtain any doctor, hospital or medical reports on your behalf, please complete and return the attached VA Form 21- 4142, Authorization and Consent to Release Information.
* If you have received treatment at a Department of Veterans Affairs (VA) facility or treatment authorized by VA, please tell us the dates and places of treatment. We will then get the necessary records if you give us enough information to locate them.
* You may also send us your own statement, or statements from people who have witnessed how your claimed disabilities affect you. All statements submitted on your behalf should conclude with the following certification: "I hereby certify that the information I have given is true to the best of my knowledge and belief."
* We have enclosed a "VCAA Notice Response." We encourage you to return this document, as it may expedite a decision on your claim.
[page 4]
Where Should You Send What We Need?
Please send what we need to this address:
Department of Veterans Affairs
Regional Office
P.O. Box 34790
Phoenix AZ 85067-4790
How Soon Should You Send What We Need?
We strongly encourage you to send any information or evidence as soon as you can. If we do not hear from you, we may make a decision on your claim after 30 days. However, you have up to one year from the date of this letter to submit the information and evidence necessary to support your claim. If we decide your claim before one year from the date of this letter, you will still have the remainder of the one-year period to submit additional information or evidence necessary to support your claim.
What Have We Received?
* Your claim for benefits, which we received on January 20, 2012.
What Have We Done?
* Requested service treatment records.
* Requested dates of service in the country of Vietnam.
Important Information
VA provides free examinations for veterans who may have been exposed to herbicides (Agent Orange) while in Vietnam.
If you have not had a herbicide examination, you should contact the nearest VA health-care facility for more information.
If you have had a herbicide examination or have been treated for herbicide exposure at a VA health-care facility, send us a copy of the medical report with exposure history. If you do not have a copy, tell us the name of the VA facility serving you and the date of VA examination or treatment so we can obtain a copy for you.
How Can You Contact Us?
If you are looking for general information about benefits and eligibility, you should visit our web site at http://www.va.gov. Otherwise, you can contact us in several ways. Please give us your VA file number, 25 163 990, when you do contact us.
[page 5]
* Call us at 1-800-827-'1000. If you use a Telecommunications Device for the Deaf (TDD), the number is 1-800-829-4833.
* Send us an inquiry using the Internet at https://iris.va.gov.
* Write to us at the address at the top of this letter.
We look forward to resolving your claim in a fair and timely manner.
Sincerely yours,
Jeffrey McAdams
Jeffrey McAdams
Veterans Service Center Manager
Enclosures: VA Fonn 21-8049
VA Fonn 21-8416
VA Fonn 21-4142 (3)
VA Form 21-4138
Veterans Claims Assistance Act (VCAA)
What the Evidence Must Show - NSC Live Pension
What the Evidence'Must Show - Service connected comp
VA Fonn 21-527
VCAA Notice Response
cc: ARIZONA DEPARTMENT OF VETERANS' SERVICES
[page 6]
Veterans Claims Assistance Act (VCAA)
What the Evidence Must Show for Nonservice-Connected Pension Benefits
To support your claim for nonservice-connected pension, the evidence must show:
1. You met certain minimum requirements regarding active military service during a period of war. Generally, those requirements involve:
* 90 days of consecutive service, at least one day of which was during a period of war; or
* 90 days of combined service during at least one period of war;
(Note: If your service began after September 7, 1980, additional length-of-service requirements may apply, typically requiring two years of continuous service or completion of active-duty obligation.)
* or any length of active military service with a discharge due to a service-connected disability.
2. You are age 65 or older or are permanently and totally disabled. You are considered permanently and totally disabled if medical evidence shows you are:
* A patient in a nursing home for long-term care; or
* Receiving Social Security disability benefits; or
* Unemployable due to a disability reasonably certain to continue throughout your lifetime; or
* Suffering from a permanent disability that would make it impossible for an average person to follow a substantially gainful occupation; or
* Suffering from a disease or disorder that VA determines causes persons who have that disease or disorder to be permanently and totally disabled.
3. Your net worth and income do not exceed certain requirements.
[page 67
What the Evidence Must Show for Service Connection
iTo support your claim for service-connection, the evidence must show:
1. You had an injury in military service, or a disease that began in or was made permanently worse during military service, or there was an event in service that caused an injury or disease; and
2. You have a current physical or mental disability. This may be shown by medical evidence or by lay evidence of persistent and recurrent symptoms of disability that are visible or observable; and
3. A relationship exists between your current disability and an injury, disease, or event in military service. Medical records or medical opinions are generally required to establish this relationship. However, under certain circumstances, VA may presume that certain current disabilities were caused by service, even if there is no specific evidence proving this in your particular claim. The cause of a disability is presumed for the following veterans who have certain diseases:
* Former prisoners of war;
* Veterans who have certain chronic or trppical diseases that become evident within a specific period of time after discharge from service;
* Veterans who were exposed to ionizing radiation, mustard gas, or Lewisite while in service;
* Veterans who were exposed to certain herbicides, such as by serving in Vietnam; or
* Veterans who served in the Southwest Asia theater of operations during the Gulf War.
VA is Responsible for Getting the Following Evidence:
* Relevant records that you adequately identify and authorize VA to obtain from any Federal agency. These may include records from the military, VA medical centers (including private facilities where VA authorized treatment), or the Social Security Administration.
* VA will provide a medical examination for you, or get a medical opinion, if we determine it is necessary to decide your compensation claim.
On Your Behalf, VA Will Make Reasonable Efforts to Get the Following Evidence:
Relevant records not held by a Federal agency that you adequately identify and authorize VA to obtain. These may include records from State or local governments, private doctors and hospitals, or current or former employers.
[page 8
How Can You Help: If you have any information or evidence that you have not previously told us about or given to us, please tell us or give us that evidence now. If the evidence is not in your possession, you must give us enough information about the evidence so that we can request it from the person or agency that has it. If the holder of the evidence declines to give it to us, asks for a fee to provide it, or VA otherwise cannot get the evidence, we will notify you. It is your responsibility to make sure we receive all requested records that are not in the possession of a Federal department or agency.
How VA Determines the Disability Rating: When we find disabilities to be service connected, we assign a disability rating. That rating can be changed if there are changes in your condition. Depending on the disability involved, we will assign a rating from 0 percent to as much as 100 percent. VA uses a schedule for evaluating disabilities that is published as title 38, Code of Federal Regulations, Part 4. In rare cases, we can assign a disability level other than the levels found in the schedule for a specific condition if your impairment is not adequately covered by the schedule.
Higher levels of nonservice-connected pension may be assigned for disabilities that affect your ability to perform certain activities of daily living or the ability to leave your home.
We consider evidence of the following in determining the disability rating:
* Nature and symptoms of the condition;
* Severity and duration of the symptoms; and
* Impact of the condition and symptoms on employment.
[page 9
Examples of evidence that you should tell us about or give to us that may affect how we assign a disability evaluation include the following:
* Information about on-going treatment records, including VA or other Federal treatment records, you have not previously told us about;
* Recent Social Security determinations;
* Statements from employers as to job performance, lost time, or other information regarding how your condition(s) affect your ability to work; or
* Statements discussing your disability symptoms from people who have witnessed how they affect you.
How VA Determines the Effective Date: If we grant your claim, the beginning date of your entitlement or increased entitlement to benefits will generally be based on the following factors:
* When we received your claim; or
* When the evidence shows a level ofdisability that supports a certain rating under the rating schedule; or
* When medical evidence first shows entitlement to a higher level of pension.
If VA received your claim within one year of your separation from the military, entitlement will be from the day following the date of your separation.
Examples of evidence that are relevant to determining the effective date of any benefits we award include the following:
* Information about continuous treatment or when treatment began;
* Service treatment records in your possession that you may not have sent us; or
* Reports of treatment for your condition while attending training in the Guard or Reserve.
[page 10]
VCAA NOTICE RESPONSE
Date of Claim: January 20, 2012
We provided a notice to you about the evidence and information VA needs to support your claim for benefits. At this time, you may choose to indicate whether you intend to submit additional information or evidence that would help support your claim.
Your signed response will let us know whether to decide your claim without waiting 30 days, or whether we should give you the full 30 days from the date of the letter sent with this notice response before deciding your claim.
Your signature on this response will not affect:
* Whether or not you are entitled to VA benefits;
* The amount of benefits to which you may be entitled;
* The assistance VA will provide you in obtaining evidence to support your claim; or
* The date any benefits will begin if your claim is granted.
RESPONSE
I elect one of the following: (Whichever box you check, you have one year from the date of the notice to give VA any other information or evidence you think will support your claim.)
_ I have enclosed all the remaining information or evidence that will support my claim, or I have no other information or evidence to give VA to support my claim. Please decide my claim as soon as possible.
_ I will send more information or evidence to VA to support my claim. VA will wait the full 30 days from the date of the letter sent with this notice response before deciding my claim.
Claimant/Representative Signature Date
Jan28 (10:15am) Veteran to Brian O’Neil
Subject: VA ecnomic pension; please drop skin cancer compension part of application
“I admire your tolerance in filling out an application for someone who doesn't know the answers. I can do better. I would like to continue to use the Prescott office instead of switching to the Tucson office. You all are great
I received the Phoenix VA's letter of January 24, 2012, with instructions and forms. I would like to continue to do the pension part of my application but I would like to drop the agent orange/skin cancer compensation part of my application. Does that mean I just have to fill out the 8 page VA Form 21-527? But I see that this form has questions about disability. What forms from the Phoenix VA should I fill out? Should I restart the application process or modify what has already been submitted?
Thank you
Anthony O'Connell 7637
Attached are copies of:
1- My DD214
2- 2010 IRS Form 1040, individual tax return
3- 2011 Form SSA-1099- social security benefit statement
4- Bank statement ( only one bank)
5- Phoenix VA's letter January 24, 2012 18p
6- Phoenix VA's Form 21-527 10p
7-VA Form 21-526 Jan17 6p
8-VA Form 21-22 Jan17”
Jan28 (10:09pm) Veteran to Brian O’Neil
“Would you please add my attached credit card statement to my financial disclosure documents?
I don't know what credit card companies do when the credit card debit reaches it's limit. In general, do you know?
Thank you again,
Anthony O’Connell 7637
9-credit-card-bill.pdf ”
(attachment)
Jan31 (8:02am) Brian O’Neill to Veteran
“I don't know what they do. Why are we submitting the credit card statement? What is the relevence of what is shown on it?”
Jan31 (8:33am) Veteran to Brian O’Neil
“Thanks for asking. I was thinking that the credit card statement would show that I was broke and need the pension. If you don't think it's relevant or a good idea to include it, please don't include it”
Jan31 (9:34am) Brian O’Neill to Veteran
“The 21-526 that was already submitted should suffice, a 21-527 should not need to be submitted. I consulted with my colleagues here in the office, and it does not at this time make sense why the VA would have sent you the form in the first place, especially since the 21-526 addresses all the same issues. The process does not need to be restarted.
The 21-8049 is used to bring down your countable income, as is the 21-8416. Just fill them out with the applicable information, sign them, and send them to me. As they are financial forms, I cannot sign them on your behalf.
Once they are filled out, we can submit the VCAA Notice Response as well stating that you have no more information to submit.
Who hand-wrote in "Combat Action Medal" on your DD 214? This seems out of place as only the Air Force has a Combat Action Medal. The Navy, Coast Guard and Marine Corps have a Combat Action Ribbon.
For right now, I will submit a 21-4138 stating that you request that the compensation claim be withdrawn, and request the VA move forward on pension only. Since we are withdrawing the claim for compensation, the 21-4142 no longer needs to be completed.”
Jan31 (12:34pm) Veteran to Brian O’Neil
“Thank you!
I wrote the "combat action medal amo" [amo = Anthony Miner O'Connell]" on my DD214 not realizing that the "Navy commendation medal with combat "V" means that. (I know, how could I not realize that)”
Jan31 (12:51pm) Veteran to Brian O’Neil
Subject: RE: VA ecnomic pension; please drop skin cancer compension part of application
“I hope this isn't important but my DD214, block 4 of my personal date, says "NAVY - USNR". I think it should say "NAVY - USN". I had a regular commission; not a reserve commission. I had an NROTC scholarship to the University of Virginia and was a midshipman with the same status as the midshipman at the Naval Academy. I can send you documentation if you like”
Jan31 (1:31pm) Brian O’Neill to Veteran
“The VA will have to submit to NPRC for your records anyhow, so that should be reflected. The record from the VAMC reflects that you were Navy. Since there is already a claim folder in Honolulu for you, they should already have a DD 214 on file. We have also submitted to NPRC for your records, so you should receive a copy.
In the future, do not write information onto your official paperwork, as it invalidates the paperwork, and may actually be illegal. Veterans do not have the authority to adjust their own paperwork. If your DD 214 is missing something, then you have to submit a request to your branch of service to have a DD 215, which is a correction to the DD 214, generated. If you don't have the orders to show the award of a Combat Action Ribbon, and it is not annotated on your DD 214, then you are not authorized to wear or claim the Combat Action Ribbon. This is something that is very important, the last time I saw a veteran submit an altered DD 214 to the VA, the VA Inspector General launched an investigation of them, believing that the claimant was not the veteran, but instead stealing their identity. If you add something to your original paperwork, the VA has to presume the entire document is invalid. So if it was the one piece of paper that could prove your claim, they would not be able to use it, and could result in a denial. If you feel the need to clarify documents, we can do so seperately.
When you receive the records from NPRC, you can go into the Arizona Department of Veterans Services office that is closest to you, and they can make you certified true copies, and submit certified true copies of the NPRC records to the VA on your behalf. Or if you are up this way and would like to bring them in, I can do it for you”
Feb1 (1:04pm) Veteran to Brian O’Neil
“Attached are copies of my DD214 before I wrote in the "Combat action medal amo". One copy is of the original before I wrote it in, and one copy is of a carbon copy where I never wrote it in. I don't think any agency has a copy of the DD214 with the "Combat action medal amo" written in, but I am not sure.
I am not interested in going through the process of changing the USNR to USN on my DD214 at this time, but thanks for answering my questions about it.
On VA Form 21-8416, where it says "Report medical expenses for the period ______ thru _______ ", How far back can I go, or is it just for one year? Are there instructions on line on how to fill out this form? Do I do forms every year for the pension?
Thanks again, especially for your email of January 31, 2012, at 2102, which saved me from a potential ton of grief.
Anthony M. O'Connell 7637
2 attachments”
Feb1 (1:53pm) Brian O’Neill to Veteran
“Spoke to a Navy individual, he told me that all officers in the US Navy are considered to be in the Navy Reserve for their first year. I don't know if that has something to do with it.
I will submit the DD 214 to the VA, though since I haven't seen the original, I cannot stamp it as being certified true. But as I stated yesterday, we have in the record request to NPRC for them to send certified true copies to you. Since you have filed a claim previously, as shown by you being in the system, they may not even need the DD 214.
For the medical expenses, you generally go a year back.
I am here to assist, let me know if there is anything else.”
03/02/2012
07637
ANTHONY MINER OCONNELL
439 SOUTH VISTA DEL RIO
GREEN VALLEY AZ 85614
Dear Mr. Anthony Miner Oconnell,
This is a reminder of the following appointment:
THURSDAY MAR 22, 2012 10:20 AM PHX-DERM REARDON (TURQ) Clinic
*** ATTENTION: Please bring any of the following changes with you:
1. mailing address
2. home telephone number
3. next of kin information
4. health insurance coverage
If you are unable to keep the above appointment you can call:
VA Help Line
Monday - Friday, 8:00 am to 4:00 pm
(602) 222-6550
1-800-554-7174 outside of Maricopa County
If you have urgent Dermatology concerns before your appointment, nurses
are available during clinic hours:
Dermatology Clinic
Monday - Friday, 8:00 am to 4:00 pm
(602) 277-5551 ext. 6989
Sincerely,
The Staff of the Phoenix VA Medical Center
650 E Indian School Rd
Phoenix, AZ 85012
March14 (6:26am) Veteran to Brian O’Neil
“Can you tell me the status of my pension request?
If and when it comes through, would I get a letter or a check or what?
Can I arrange a direct deposit to my checking account?
Thank you”
March14 (8:46am) Brian O’Neill to Veteran
“They are waiting on your records being sent to them, from the previous regional office that had your claim folder. They also put in a request to NPRC for your records, and are awaiting them.
If they do not have your bank information, then they would send a check. If you would like to receive direct deposit, then you would need to provide the VA with your bank information using VA form 24-0296. I have attached that form, so if you would like, fill it out, sign it, and snail mail it to me, and I will submit it to the VA”
March14 (3:00pm) Veteran to Brian O’Neil
“Thank you for your response and for the form 24-0296.
I don't understand their "They are waiting on your records being sent
to them, from the previous regional office that had your claim folder.
They also put in a request to NPRC for your records, and are awaiting
them".
My claim started with your office and never changed. Which is their
regional office and which is "the pervious regional office"?
Thank you”
March14 (5:09pm) Brian O’Neill to Veteran
“If you recall when you came in, we went over the piece of paper from eligibility, which stated on it your claim folder was in Honolulu, in the regional office there. At some point in time, before you came to see me, you put in a claim for something from the VA. It might have been education, or a home loan. But they generated a claim folder on you. There is only one claim folder per veteran.
As far as NPRC, that is the governments repository for all paperwork. When you were discharged from the military, NPRC took possession of your service records. Any time a claim is made to the VA, they request those records, so they can verify military service, and the particulars of that service.
Both are normal, and nothing to be worried about”
March14 (5:38pm) Veteran to Brian O’Neil
“I'm glad you know the system.
So, for starters for sure, my claim folder was originally in Honolulu?
The only previous clam I made to the VA was for the GI bill for the
University of Massachusetts for 1969 to 1971, and for the State
University of New York for 1972 until my eligibility ran out in 1973
or 1974.
What does NPRC stand for?
I'm going to hold on the direct deposit thing; I don't want to add any
complications until after I, hopefully, get a check. What's your best
guess as to when that might be?
Thanks again”
March14 (5:56pm) Brian O’Neill to Veteran
“Where you are, in some cases has nothing to do with where your claim folder is. The VA can send a folder to any number of offices to be worked on. When I went to school in Massachusetts, my claim folder was in Muskogee, Oklahoma. Honolulu may have been where they sent your folder to be worked at that time. Or, the VA may have sent it there for any number of reasons. But since you are in Arizona now, they will try to work the claim out of the Phoenix Regional Office, though they can delegate it out to another Regional Office if their claim load is too high.
NPRC is the National Personnel Records Center. It is the central repository for military personnel records.
I don't give time frames, any time I do the VA makes a liar out of me. I can tell you that people in my family have had their claim in since March of 2010. Yet I know other people who get their claim decided much faster. In the history of the VA, the year they had their most claims filed, last year they had double that amount. The VA has an incredible workload at the moment, without the infrastructure to support it. That means claims that used to take three months can now take over a year. Basically, be prepared to wait. It is an unfortunate reality that we are all suffering through right now, myself included.
Adding direct deposit doesn't complicate the claim in the slightest. I would actually suggest submitting it, to keep the VA from writing you again on it. But that is your choice. They will want it eventually, as they are being mandated to move to direct deposit to get rid of checks.
If you have any other questions, feel free to ask. I prefer getting reminders from clients every once in a while, so that I know to keep tabs on them. With thousands of veterans in our area, my memory isn't good enough to check on all of them every day. So any time you want to know what is up, just drop a line and I will get back with you as quickly as possible”
March15 (4:38am) Veteran to Brian O’Neil
“Thanks for your message.
I don't understand the "my folder" concept in this electronic age but
do understand that there is nothing I can do about it.
Enjoy your day. It's starting to get hot down here”
March15 (6:39pm) Veteran to Brian O’Neil
“It was a pleasure to visit your office, I believe it was about three weeks ago. And thank you for catching me in the parking lot and returning my paper work that I left in your office.
It’s been about a month since I applied for a VA economic pension. Can you tell me the status of my my application and what your best guess is as to how long it would take for the VA to decide?”
March19 (1:21pm) Veteran to Brian O’Neil
“It was a pleasure to visit your office, I believe it was about three weeks ago. And thank you for catching me in the parking lot and returning my paper work that I left in your office.
It’s been about a month since I applied for a VA economic pension. Can you tell me the status of my my application and what your best guess is as to how long it would take for the VA to decide?
Did you receive my email of March 15, 2012?
March20 (fax cover sheet, 12:45pm) James Louis to 345/Triage/ , faxing VA Form 21-4138 “Statement in support of claim”
“Please expedite adjudication of NCS pension due to hardship
March20 (VA Form 21-4138 Statement in support of claim)
“In response to PHX VARO letter dated January 24, 2012, the veteran is withdrawing the compensation claim for skin cancer
Please expedite the adjudication of his non_service connected pension based on eligbility – 65 status.
The veteran is age 70 and currently receives $538.00 per month from social security
Thank you for your immediate assistance
POA
held by ADVS
The veteran does not have a telephone. If there is a need to contact him, please call (520) 207-4960 ext and speak with James Louis (POA/ADVS)”
March20 (regular mail) Jeffrey McAdams to Veteran
“We are still processing your application for COMPENSATION. We apologize for the delay. You will be notified upon completion of processing. If you need to contact us, be sure to show the file number and full name of the veteran.
If your mailing address is different than that shown above, please advise up of your new mailing address. You should notify us immediately of any changes in your mailing address.
Enclosed is additional information about VA benefits and servives. If you reside in the Continental United States, Alaska, Hawaii, Guam, the Northern Marianas, or Puerto Rico, you may contact VA with questions and receive free help by alling our toll-free number 1-800-827-1000 (for hearing impaired TDD 1-800-829-4833). From American Samoa you may dial toll free 684-699-3730. You can send us an e-mail through our web site www.vagov by clicking “Contact Us”.
Note: TDD phone number 1-800-829-4833 for callers residing in Guam and the Northern Marianas.
J. McAdams
Veterans Service Center Manager”
03/02/2012
07637
ANTHONY MINER OCONNELL
439 SOUTH VISTA DEL RIO
GREEN VALLEY AZ 85614
Dear Mr. Anthony Miner Oconnell,
This is a reminder of the following appointment:
THURSDAY MAR 22, 2012 10:20 AM PHX-DERM REARDON (TURQ) Clinic
*** ATTENTION: Please bring any of the following changes with you:
1. mailing address
2. home telephone number
3. next of kin information
4. health insurance coverage
If you are unable to keep the above appointment you can call:
VA Help Line
Monday - Friday, 8:00 am to 4:00 pm
(602) 222-6550
1-800-554-7174 outside of Maricopa County
If you have urgent Dermatology concerns before your appointment, nurses
are available during clinic hours:
Dermatology Clinic
Monday - Friday, 8:00 am to 4:00 pm
(602) 277-5551 ext. 6989
Sincerely,
The Staff of the Phoenix VA Medical Center
650 E Indian School Rd
Phoenix, AZ 85012
April11 (10:55pm) Veteran to James Louis
“Thanks for all you did when I saw you last on March 20, 2012.
Would you be willing to check the status of my NSC pension application
again? Is there is an identifiable problem”
May1 (2:37pm ) Veteran to James Louis
“May I ask you some questions about the economic pension status?
(1) Is an application like mine; for an economic pension for a veteran
over 65, automatic or is it adjudicated?
(2) How long does it normally take?
(3) How long after it normally takes before something like a tracer is done?
(4) Can the trail of my application dated January 17, 2012, be followed?
(5) If there is a problem can it be identified?
I realize that the Arizona Department of Veteran's Services and the VA
are two separate entities and that the Arizona Department of Veteran's
Services has little if any control over the VA. This is a request for
information and not a complaint. Thank you for your excellent service.”
May10 (1:08pm) Veteran to James Louis
“Please correct me if I’m wrong; I understand that an application for an economic pension by a veteran over 65 is automatic; no adjudication necessary, and that it takes about 4-6 weeks. Would you please track my application of January 17, 2012? I’m told that the VA file number 25 25 163 990.
This is a request for information, not a complaint.
Thank you,”
May10 (regular mail, mailed May11) Jeffery McAdams to Veteran
"IMPORTANT – reply needed
Dear Mr. Oconnell:
Important Information
We have received your typed statement on February 7, 2012, stating that you wish to withdraw your claim for
*Skin cancer
We have withdrawn your pending claim at this time. No further action will be taken on your claim.
If you decide to reopen your claim at this time, just state so on the enclosed VA Form 21-4138. If we do not receive this form in the Department of Veterans Affairs with one year of the date of this letter, benefits, if entitlement is established, may not be paid prior to the date of this receipt.
The Pension Management Center will address your claim for Non-Service Connected Pension.
How Can You Contact Us?
If you are looking for general information about benefits and eligibility, you should visit our website at http://www.va.gov. Otherwise you can contact us in several ways. Please give us your VA file number 25 163 990, when you do contact us.
*Call us at 1-800-827-1000. If you use a telecommunications Device for the Deaf (TDD), the number is 1-800-829-4833.
*Send us an inquiry using the internet at https://iris.va.gov.
*Write to us at the address at the top of this letter.
We look forward to resolving your claim in a fair and timely manner.
Sincerely yours,
Jeffrey McAdams
Veterans Service Center Manager
Enclosures: VA Form 21-4138 Statement in support of claim.
cc: ARIZONA DEPARTMENT OF VETERANS SERVICES"
Note: I don't understand why the first mention of an document received on February 7, especially a pivotal one, would not be made until May 10.
May11 (8:56am) Veteran to James Louis
“This is a request for information, not a complaint. I don't have the luxury of waiting anymore and need some answers from the VA. Would you please ask the VA to track my VA economic pension application?
(1) I was told early on that an application for a VA economic pension
by a veteran over 65 is automatic; no adjudication necessary, and that
it normally takes about 4 - 6 weeks. Is this true or not true?
(2) Is the VA's letter to me of January 24, 2012, the start date for
tracking my application?
(3) If so, where did it go after that?
(4) Where is it now?
(5) What is the VA's best estimate of when I may receive a "yes" or a
"no" from them?
Thank you”
May11 (2:38pm) James Louis to Veteran
“I'm not sure who informed you of VA processing times but all claims must be reviewed and processed. There is no established time frame for a claim to be completed. Your claim for pension currently located at the Phoenix Regional Office and is fairly new as it was established on March 20, 2012 and. The claims location is due to the compensation claim you filed. All claims for compensation and pension are processed in Phoenix. Pension only claims are forwarded to the Pension Management Center in St. Paul, MN. As you may recall when we submitted the claim, I requested your claim be expedited due to financial hardship. I will inquire the Regional Office for status. Please let me know if you need anything else”
May11 (4:17pm) James Louis to Veteran
I was wrong. The date of your claim is January 20, 2012
May11 (4:26am) Veteran to James Louis
Thanks James!
May11 (4:28pm) James Louis to Veteran
Do you have access to a phone yet?
May11 (8:27pm) Veteran to James Louis
I don't have a telephone. I do have email. Please communicate with me by email
May13 (10:41am/10:42am) Veteran to James Louis
“This is not a complaint but a request for information.
I received VA Phoenix's letter of May 10, 2012, and am concerned that the information VA Phoenix has in their file is different from the information that I thought was sent to them. Would you please ask VA Phoenix to send you and me a copy of all the information that they have in their file 25 163 990?
Thank you.”
Transcription of VA Phoenix's May 10, 2012, letter follows:
Department of Veterans Affairs
Regional Office
2004 Test Drive User
P. O. Box 34790
Phoenix AZ 85607-4790
May 10, 2012
ANTHONY M OCONNELL
439 S VISTA DEL RIO
GREEN VALLEY AZ 85614-2415
IN REPLY, REFER TO:
345/PD22/TAS
File Number: 25 163 990
Anthony M. Oconnell
IMPORTANT – reply needed
Dear Mr. Oconnell:
Important Information
We have received your typed statement on February 7, 2012, stating that you wish to withdraw your claim for
*Skin cancer
We have withdrawn your pending claim at this time. No further action will be taken on your claim.
If you decide to reopen your claim at this time, just state so on the enclosed VA Form 21-4138. If we do not receive this form in the Department of Veterans Affairs with one year of the date of this letter, benefits, if entitlement is established, may not be paid prior to the date of this receipt.
The Pension Management Center will address your claim for Non-Service Connected Pension.
How Can You Contact Us?
If you are looking for general information about benefits and eligibility, you should visit our website at http://www.va.gov. Otherwise you can contact us in several ways. Please give us your VA file number 25 163 990, when you do contact us.
*Call us at 1-800-827-1000. If you use a telecommunications Device for the Deaf (TDD), the number is 1-800-829-4833.
*Send us an inquiry using the internet at https://iris.va.gov.
*Write to us at the address at the top of this letter.
We look forward to resolving your claim is a fair and timely manner.
Sincerely yours,
Jeffrey McAdams (seal)
Jeffrey McAdams
Veterans Service Center Manager
Enclosures: VA Form 21-4138
cc: ARIZONA DEPARTMENT OF VETERANS’ SERVICES
May13 (10:12pm) Veteran to Brian O’Neil
“This is not a complaint but a request for information.
My application for an economic pension has gotten confusing. Would you please send me a copy of what you sent to the Phoenix VA to ask them to drop the skin cancer compensation part of my application? Please send me any and all information you have concerning this application. Please see the attachment.
Thank you”
May14 (9:21am) Brian O’Neil to Veteran
VA withdrew your request for compensation of skin cancer, based on a typed statement that they received on February 7, 2012.
On March 20, 2012, per your request a VA 21-4138 was submitted to the VA. My system shows that two 21-4138’s were filled out.
The first stated the following:
To: 345/Triage
From: ARIZONA DEPARTMENT OF VETERANS SERVICES, 240 S Montezuma Street, Suite 208, Prescott AZ 86303
Subject: Withdrawal of compensation claim for skin cancer.
The veteran wishes to withdraw his claim for compensation for skin cancer.
This does not affect the veterans claim for Non-Service Connected Pension. Please move forward with the veterans claim for Non-Service Connected Pension.
On the VA 21-526, questions 36A, 36B. and 36C were not checked, the answer for each was "No".
Thank you.
The second one stated the following, and you were provided a copy of it by James Louis, the counselor you saw:
IN RESPONSE TO PHX VARO LETTER DATED JANUARY 24, 2012, THE VETERAN IS WITHDRAWING THE COMPENSATION CLAIM FOR SKIN CANCER
PLEASE EXPEDITE THE ADJUDICATION OF HIS NON-SERVICE CONNECTED PENSION BASED ON ELIGIBILITY - AGE 65 STATUS
THE VETERAN IS AGE 70 AND CURRENTLY RECEIVES $538.00 PER MONTH FROM SOCIAL SECURITY
THANK YOU FOR YOUR IMMEDIATE ASSISTANCE
POA HELD BY ADVS
THE VETERAN DOES NOT HAVE A TELEPHONE. IF THERE IS A NEED TO CONTACT HIM, PLEASE CALL (520) 207-4960 EXT AND SPEAK WITH JAMES LOUIS (POA / ADVS)
On March 20, 2012 the VA system shows they received the Cover Sheet and 21-4138.
As this is now a pension claim, the Phoenix VA Regional Office has closed out the compensation claim as requested, and mailing the claim to the Pension Management Center (PMC) to process the pension. I called the PMC this morning and they have not as yet received it. Once they receive it, they will begin processing it.
I hope this answers your questions.”
May15 (1:12am) Veteran to Brian O’Neil
“Thank you”
May15 (9:03am) Veteran to Brian O’Neil
“In trying to track my economic pension application initialed on January 24, 2012, the following from your email of May 14, 2012, is a treasure of information. A treasure:
"As this is now a pension claim, the Phoenix VA Regional Office has closed out the compensation claim as requested, and mailing the claim to the Pension Management Center (PMC) to process the pension. I called the PMC this morning and they have not as yet received it. Once they receive it, they will begin processing it."
Can you give me contacts and email addresses in the Pension Management Center (PMC) so I can contact them myself?”
May16 (6:13am) Veteran to Jeffery McAdams
“This is not a complaint but a request for information.
I received your letter of May 10, 2012, with it's enclosure VA Form 21- 4138, but I don’t understand it. Perhaps there is a misunderstanding; perhaps the information you have in your file is different from the information I have. Would you please send me copies of what you have in your file, and any other information you have concerning this?”
May16 (8:45am) Brian O’Neil to Veteran
“The VA only gives out the standard 1-800-827-1000 number for contacting them. And they do not release names to the public. I already contacted them the other day, and they do not have it in their possession as yet, or processing. So I am not sure why you are anxious to contact them, as it will not expedite your claim. While I understand you are trying to track your claim, you will never get better information through them, as you will through us on it. If you are anxious to track it, you can always enroll on eBenefits. You create a basic account online, then if you verify your information in person with the VA, your account is upgraded. One of the features it gives, is the ability to track claims.
Looking over everything though, it appears as though you are contacting our office near you, myself, and the VA. This may result in too many people trying to work towards the same goal, stepping on each others toes, working from different angles, all the while. This is a process that unfortunately, takes time. The VA system has been overloaded for some time now, and pension claims are taking on average over six months.”
Application sent for processing
May16 (11:15am) James Louis to Veteran
“The Phoenix Regional Office has transferred your pension claim to St. Paul, MN for processing. I will initiate a follow-up this Friday. I hope all is well.”
May17 (2:33am) Veteran to Jeffery McAdams
“This is not a complaint but a request for information. Can the document trail of the January 24, 2012, economic pension application be exposed?
As I mentioned before, I don’t understand your letter of May 10, 2012, with it's enclosure VA Form 21- 4138. Perhaps there is a misunderstanding; perhaps the information you have in your file is different from the information I have. Would you please send me copies of what you have in your file, and any other information you have concerning this?
Did you, on May 15, transfer the January 24, 2012, economic pension application to Saint Paul, Minnesota for processing? If so, why, why on May 15, and what information did you transfer?
Thank you.”
May17 (3:41am) Veteran to James Louis
“This is not a complaint but a request for information. Can the document trail of the January 24, 2012, economic pension application be exposed?
As I mentioned before, I don't understand the Phoenix VA's letter of May 10, 2012. If you understand it, would you please explain it? If you don't understand it, would you please ask the sender to explain it?
Thank you for telling me that the application was transferred to Saint Paul, Minnesota, on May 15 for processing. If so, why was it transferred, why on May 15, and what information was transferred?
Thank you again.”
(attachment: VA PhoenixMay10.pdf)
May17 (4:22am) Veteran to Brian O’Neil
“This is not a complaint but a request for information. Can the document trail of the January 24, 2012, economic pension application be exposed?
What is the average process time for an economic pension application from a veteran over 65? Is it automatic? If it is not automatic, what part of it is judged?
Thank you”
May17 (8:40am) James Louis to Veteran
“The recent correspondence you received was to inform you that the compensation (disability) claim for skin cancer was withdrawn (per your request). It also stated the claim was being transferred to ST. Paul MN for processing. Here’s a brief overview of what determines where a claim is processed.
1) If a veteran in Arizona files a compensation claim, it is normally processed at the Phoenix Regional Office (VARO).
2) If a veteran in Arizona files a pension claim , it is normally processed by the Pension Management Center (PMC) in St Paul, MN
3) If a veteran in Arizona files a claim for compensation and pension, the VARO will process the claim/s.
This being the case, it is normally more advantageous for a pension claim to be processed at PMC, especially in a case like yours when the claim is based on age.
Your claim file was transferred to St Paul because it is now a pension “only” claim. The file would contain all of the documentation provided with your initial application. I hope this answered your question/s. have a wonderful day”
May17 (9:05am) Brian O’Neil to Veteran
“I am not sure what you mean by “exposed”.
On January 17, 2012, you came to my office and we filled out your claim. It was mailed to the VA, and it was received by them on January 20, 2012. Shortly thereafter, they requested your claim folder from the location it was being stored at, and that it be sent to the Phoenix VARO.
Statement submitted on February 7, 2012 that you would like to withdraw claim for skin cancer.
On May 7, 2012, your folder was received at the Phoenix VARO from its previous location
VA Letter sent to you on May 10, 2012 that your claim for compensation is withdrawn, and that your claim for pension will be processed at the Pension Management Center.
On May 14, 2012, I contacted to Pension Management Center in regards to your claim. They had not yet received your claim, but stated once they did they will begin working on it.
I looked in the VA system today, your claim folder is still at the Phoenix VARO, waiting to be shipped out. The VA has opened your pension claim, but no work has begun on it.
The average process time for a pension is six to nine months from when the VA starts working on it. It looks at wartime service, income, assets, and whether a veteran is to disabled to work. Being over 65 for VA purposes, is considered a disability. Being over 65 means the VA doesn’t have to develop for medical conditions, which means “over 65” claims should not take as long as those who are too disabled to work due to a physical disability. They verify through a request for records from the National Archives, if they don’t already have the information in a claim folder, the veterans wartime service, and that they were honorably discharged. They can perform a data match with Social Security, and other sources to confirm that the income and assets that are reported are in fact correct. However, all information is verified to ensure eligibility for the pension, and this does take time.
The VA is currently handling a higher workload than it has ever handled in its history, and unfortunately, they cannot just hire people and throw them in the positions that need to be filled in order for the process to return to the speed that it had a few years ago. The job requires training and experience, which means claims take longer than before. The VA is trying to defray that extra time as much as possible, but it still takes time. While the VA average time is six to nine months for pension claims, they can also take over a year. When the PMC receives your claim, they will send you out a letter, typically in the first month, of what they need from you, if anything. The claim is a process, and there are people who submitted claims before you that the VA has to work through before they get to yours.
I hope this answers your questions”
May18 (3:05am) Veteran to Brian O’Neil
This is not a complaint but a request for information. Can the document trail of the January 24, 2012, economic pension application be exposed?
I don't understand the Phoenix VA's letter of May 10, 2012. If you understand it, would you please explain it? If you don't understand it, would you please ask the sender to explain it?
"IMPORTANT – reply needed
Dear Mr. Oconnell:
Important Information
We have received your typed statement on February 7, 2012, stating that you wish to withdraw your claim for
*Skin cancer
We have withdrawn your pending claim at this time. No further action will be taken on your claim.
If you decide to reopen your claim at this time, just state so on the enclosed VA Form 21-4138. If we do not receive this form in the Department of Veterans Affairs with one year of the date of this letter, benefits, if entitlement is established, may not be paid prior to the date of this receipt.
The Pension Management Center will address your claim for Non-Service Connected Pension.
How Can You Contact Us?
If you are looking for general information about benefits and eligibility, you should visit our website at http://www.va.gov. Otherwise you can contact us in several ways. Please give us your VA file number 25 163 990, when you do contact us.
*Call us at 1-800-827-1000. If you use a telecommunications Device for the Deaf (TDD), the number is 1-800-829-4833.
*Send us an inquiry using the internet at https://iris.va.gov.
*Write to us at the address at the top of this letter.
We look forward to resolving your claim in a fair and timely manner.
Sincerely yours,
Jeffrey McAdams
Veterans Service Center Manager
Enclosures: VA Form 21-4138
cc: ARIZONA DEPARTMENT OF VETERANS SERVICES"
(See attached copy in pdf)
If the Phoenix VA sent the economic pension application to the Saint Paul, Minnesota, PMC, on May 15, 2012, please send me copies of what information was sent.
Thank you.”
May18 (8:27am) Brian O’Neil to Veteran
“It is a standard letter, there is nothing that obscure about it, and there is no hidden meaning in it. You are over-thinking this.
You had submitted for compensation, and pension.
Compensation claims are typically worked on at the VA Regional Office (VARO) in your state, in this case the Phoenix VARO.
Pension claims are typically worked on at the Saint Paul, Minnesota VARO.
Compensation and pension do not get worked on at the same time typically. They process the compensation, then they process the pension typically.
When you withdrew your compensation claim, for skin cancer, your compensation claim was closed at the Phoenix VARO, so that your pension claim can be sent to the Saint Paul VARO.
Even though you closed your compensation claim, the VA still gives you the option to reopen it at a later date, to keep the original date of claim, as long as you do it within the specified time period.
However, for now, just the pension claim is moving forward as you requested. And the work on it will be done at the Saint Paul VARO
As far as what the Phoenix VARO is sending to Saint Paul, it should be your entire claim folder (which I cannot see on the computer to print the contents of), which includes everything that we have submitted.”
May18 (9:34am) Veteran to Brian O’Neil
“This is not a complaint but a request for information. Can the document trail of the January 24, 2012, economic pension application be exposed?
Please sent me copies of everything you sent to the Phoenix VA, and everything you have in your file, and any other information you may have about this.
Thank you and enjoy your weekend”
May17 (Regular mail) K L Anderson to Veteran
“We are still processing your application for PENSION. We apologize for the delay. You will be notified upon completion of the processing. If you need to contact us, be sure to show the file number and full name of the veteran.
If your mailing address is different than that shown above, please advise up of your new mailing address. You should notify us immediately of any changes in your mailing address.
If you reside in the Continental United States, Alaska, Hawaii, Guam, the Northern Marianas, or Puerto Rico, you may contact VA with questions and receive free help by calling our toll-free number 1-800-827-1000 (for hearing impaired TDD 1-800-829-4833). From American Samoa you may dial toll free 684-699-3730.
Note: TDD phone number 1-800-829-4833 for callers residing in Guam and the Northern Marianas.
K L Anderson
Veterans service center manager"
May 21 (postal mail) Brain O’Neil to Veteran, contents of envelope :
January 17 (postal mail) Brian O’Neill to “345/Triage” (Phoenix VA?)
“The following is submitted for Appropriate Action
* VA 21-22 Appointment of ADVS as POA
* VA 21-526 Initial Claim for Compensation and Pension
Remarks:
Veterans claims folder is currently 359 Honolulu Regional Office, please transfer to Phoenix. A SF 180 has been submitted to NPRC, when the veteran receives them, a copy will be submitted to the VA.
Please process accordingly, thank you.”
February 22 (postal mail) Brian O’Neill to “345/TPD2/GW” (Phoenix VA?)
“The following is submitted for Appropriate Action
* VA 21-8416 Medical expense report
* VA 21-8049 Request for details of expenses
Please process accordingly, thank you.”
May21 (Regular mail) K L Anderson to Veteran
“We are still processing your application for PENSION. We apologize for the delay. You will be notified upon completion of the processing. If you need to contact us, be sure to show the file number and full name of the veteran.
If your mailing address is different than that shown above, please advise up of your new mailing address. You should notify us immediately of any changes in your mailing address.
If you reside in the Continental United States, Alaska, Hawaii, Guam, the Northern Marianas, or Puerto Rico, you may contact VA with questions and receive free help by calling our toll-free number 1-800-827-1000 (for hearing impaired TDD 1-800-829-4833). From American Samoa you may dial toll free 684-699-3730.
Note: TDD phone number 1-800-829-4833 for callers residing in Guam and the Northern Marianas. K L Anderson
Veterans service center manager"
Point B
May25 (postal mail) T. A. Olson (PMC) to Veteran
(page 1)
Dear Mr. O'Connell:
We made a decision on your claim received January 20,2012. (***Please see question 1 below***)
This letter tells you about your entitlement amount, payment start date, what we decided, and'
how we calculated your benefits. It also tells you of your responsibilities as a veteran in receipt
of disability (***Pleasee see question 2 below***) pension, what to do if you disagree with our decision, and who to contact if you have questions or need assistance.
Your Award Amount and Payment Start Date
Your monthly entitlement amount is shown below:
Monthly
Entitlement
Amount |
Payment Start
Date |
Reason For Change |
$482.00 |
Feb 1,2012 |
Original Award |
We are paying you as a single veteran with no dependents.
You Can Expect Payment
Your payment begins the first day of the month following your effective date. You will receive a
payment covering the initial amount due under this award, minus any withholdings, in
approximately 15 days. Payment will then be made at the beginning of each month for the prior
month. For example, benefits due for May are paid on or about June 1.
What We Decided
We granted disability (***Please see question 2 below***) pension benefits effective January 20, 2012.
(Page 2)
We enclosed a VA Form 21-8768, "Disability Pension Award Attachment" which explains
important factors concerning your benefits.
How Did We Make Our Decision?
We granted pension benefits because you are:
*Age 65 or older, or
*A patient in a nursing home, or
*In receipt of disability Social Security benefits.
Evidence Used to Decide Your Claim
In making our decision, in addition to the evidence in the attached rating, we used the following
evidence:
*VA Form 21-526, Application for Compensation andlor Pension received January 20,
2012
*VA Form 21-4138, Statement in Support of claim, received February 7, 2012 (***Please see question 3 below***)
*Information data match with Social Security Administration (SSA)
What Income And Expenses Did We Use?
We used your total family income as shown below to award your pension benefit from
February 1,2012.
Income We Counted
|
Annual
Earnings |
Annual
Social
Security |
Annual
Retirement |
Annual
Other
Sources |
Yourself |
$0 |
$6,468.00 |
$0.00 |
$0 |
On your application, you reported you receive $523.00 per month in Social Security. A data
exchange with the Social Security Administration showed that you received a gross monthly
amount of $839.00 effective December 201 1. Therefore, we used that amount to calculate you
income for VA purposes effective December 1,201 1. If this is incorrect, please send us a copy
of your most recent Social Security benefit statement.
(page 3)
How Can You Claim Family Medical Expenses?
To claim family medical expenses, complete the enclosed VA Form 21-8416, "Medical
Expense Report," and return it to this office no later than December 31,2014. We may
consider family medical expenses you paid after January 20,2012. A few examples are listed
below. More examples are shown on the enclosed Medical Expense Report form.
*Medicare/Health Insurance Premiums
*Prescriptions
*MedicalIDental expenses
Don't include unpaid medical bills,
any paid bill that will be reimbursed, or
bills that aren't for health expenses. |
What Are Your Responsibilities?
You are responsible to tell us right away if:
*your income or the income of your dependents changes (e.g., earnings, Social Security
benefits, lottery and gambling winnings)
*your net worth increases (e.g., bank accounts, investments, real estate)
*your continuing medical expenses are reduced
*you gain or lose a dependent
*your address or phone number changes
How Do You Start Direct Deposit?
*Your money may be deposited directly into your checking or savings account. This is the
safest and most reliable way to get your money. For more information about Direct Deposit,
please call us toll free by dialing 1-877-838-2778.
*The Treasury Department has mandated (3 1 CFR Part 208) that all Federal benefits be
released via electronic funds transfer or Direct Express B Debit MastercardB issued by
Comerica Bank.
*You did not provide us with your banking information to allow your federal benefits to be
sent directly to your bank. Although you will receive your initial VA benefit in the form of a
paper check, this will only occur for an interim period. You need to contact the Treasury
(page 4)
Department within 3 months from the date of your first check payment to discuss how to
receive future payments at 1-800-333-1 795.
• If you choose to continue to receive paper checks you will need to request a
waiver from the Treasury Department by calling 1-888-224-2950.
• If you choose to have your federal benefits electronically transferred to your
designated financial institution (e.g. bank) please call VA at 1-800-827-1 000 with your
banking information.
• If you choose to have your federal benefits issued through Direct Express@, which
is a MastercardB issued by Comerica Bank, please call 1-800-333-1 795.
Are You Entitled to Additional Benefits?
You should contact your State office of veteran's affairs for information on any tax, license, or
fee-related benefits for which you may be eligible as a veteran (or surviving dependent of a
veteran). State offices of veteran's affairs are available at http://www.va.gov/statedva.htm.
What You Should Do If You Disagree With Our Decision
If you do not agree with our decision, you should write and tell us why. You have one year from
the date of this letter to appeal the decision. The enclosed VA Form 41 07, "Your Rights to
Appeal Our Decision, " explains your right to appeal.
If You Have Questions or Need Assistance
If you have any questions, you may contact us by telephone, e-mail, or letter.
If you |
Here is what to do. |
Telephone |
Call us at 1-877-294-6380. If you use a
Telecommunications Device for the Deaf (TDD), the
number is 7 1 1. |
Use the Internet |
Send electronic inquiries through the Internet at
https://iris.va.gov. |
Write |
Put your full name and VA file number on the letter. Please
send all correspondence to the address at the top of this
letter. |
In all cases, be sure to refer to your VA file number 25 163 990.
(page 5)
If you are looking for general information about benefits and eligibility, you should visit our
website at https://www.va.gov, or search the Frequently Asked Questions (FAQs) at
https://iris.va.gov.
We sent a copy of this letter to your representative, Arizona Department of Veterans' Services,
whom you can also contact if you have questions or need assistance.
Sincerely yours,
T. A. OLSON
Pension Management Center Manager
Contact us at: https://iris.va.gov
Enclosure(s): VA Form 2 1-8768
VA Form 21-841 6
VA Form 41 07
cc: Arizona Department of Veterans' Services
21P/reg/145 3990amc
June10 (9:48pm) Jeffrey McAdams to Veteran
"I don't know if you forwarded your request to anybody else, but I will be out of the office for one more week.
Please let Ms. Ramsey know.
Thank you."
|