Letter to Ian Smith - VA Claims and Benefits
Feb. 19, 2015
Ref. claims and benefits
Committee on Veterans Affairs
Dear Ian Smith:
Thank you for seeing me, unannounced, on Jan 5, in Washington. I gave you a letter explaining my VA case and you patiently listened to my explanation and frustration. My situation, claim, is the same as thousands of others, and sadly many more thousands of veterans who have given up.
May I remind you that my claim of “clear and unmistakable error” filed August 1 2007, dates back to my first claim in 1969. In Oct. 2010 the VA settled all of my claims, except the clear and unmistakable error, WHY?
VA will use the Aug 07 date as your claim, however the life of claim dates back to 69, this is unfair to veterans and only allows claims and benefits to be delayed, allowing VA a vehicle to further delay hearing the claim through one delay after another.
After 46 years my claim lingers in remand, after waiting 3 years to hear from a Judge.
After seeing you I went to VA Montgomery Al. and asked, what is taking so long? It was explained that my remand involved due process and that they had remands backed up to 2010. It was also explained that it was a possibility that after the remand, the claim could go to Washington where it could linger a few more years.
I contacted my attorney, he basically said that the above was not true, however recommended that I wait at least 1 year from remand date, to start inquiring about its status.
One year is May 2015, going on 47 years to settle a claim that VA refused to settle 4 times, due to no medical records. After receiving those medical records, anonymously, in Oct 03, they have had 3 more opportunities only to remand the decision back where it originated. For the record those records were sent to me by someone in VA Montgomery, unbelievable.
Last but certainly not least, it was been explained to me by VA staff that no one at VA wants to take responsibility for settling the case as it would look bad on their record or possible cost them merit raises or employment bonus. The VA does not want to take responsible for their actions, their mistakes or their errors.
I will be 69 in March and I am convinced that VA is depending on my demise to close my claims file.
Many cases remain in this limbo situation; however VA closes claims daily with the natural or accidental death of veterans.
Please use your position to inform the Subcommittee on Disability Assistance and Memorial Affairs of this existing policy. The oldest claims should be settled first.
I would be happy to testify as to the dysfunctional, completely broken VA Montgomery Al. office, that has thousands of veterans in limbo or going in circles.
Thank You Again
Francis Paul Ripp