VA: What To Do If We Shredded Your Documents

The Veterans Administration has admitted that its staff shredded some documents required to prove claims. The extent of this problem is unknown; so far, it seems to be saying only that an audit found 500 documents inappropriately placed in "to-be-shredded" piles; there is no estimate of how many such documents were already shredded or when the practice started.

The VA has released a FAQ which reads, in part:

"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.

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.
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..."

It ends with the cheerful but rather tardy advice:

"...You are encouraged to make a copy of your application and supporting documents before submitting them to VA"

No doubt there will be more about this later.

MORE AT:

• VA's official "Information About Document Shredding Incident"
• VA Watchdog's Shredder Scandal page
• Military Veterans' Benefit Claims Records Wrongly Headed for VA Shredders, U.S. News and World Report

Conviction in Iraq Illegal Gratuities Case

According to an October 31, 2008 press release from the U.S. Attorney for the District of Western Washington:

"FORT LEWIS CAPTAIN SENTENCED TO PRISON FOR ACCEPTING ILLEGAL GRATUITIES WHILE SERVING IN IRAQ
Contracting Officer Took Thousands for Steering Work in Iraq

CEDAR LANMON, 31, of Tacoma, Washington was sentenced today in U.S. District Court in Tacoma to a year in prison, and one year of supervised release for Accepting Illegal Gratuities. LANMON is a Captain in the Army who has completed two tours of duty in Iraq. While he was deployed LANMON accepted tens of thousands of dollars from contractors in Iraq to steer Army contracts to them. These contracts were for such things as heavy construction work at military facilities in Iraq. At sentencing U.S. District Judge Ronald B. Leighton said, “corruption cannot be accepted or tolerated, and would not be accepted or tolerated.” Judge Leighton noted that Lanmon’s conduct crossed the line, and he had to be sentenced to prison time to set an example to others who might also be inclined to cross the line.

According to records filed in the case, LANMON accepted money from three different individuals while deployed to Iraq. In his guilty plea, LANMON admits he accepted money from an Albanian contractor while assisting with the awarding of government contracts. LANMON took $25,000 from the Albanian contractor who was hired with a $250,000 contract to build berms at a military base in Ballad, Iraq. LANMON wired some of the illegally obtained funds home to his wife, or transported the cash back to the United States. LANMON also purchased high value rugs and furniture in Iraq and brought them to his home in Tacoma, planning to sell them for profit in the U.S.
At sentencing, Assistant United States Attorney David Reese Jennings said that if LANMON had done all the things he outlined in his letter to the court—helping Iraqis obtain contracts, helping them to understand the contracting system, and assisting them in conducting business with the United States -- as part of his job, he would be up for a promotion. “Instead, LANMON did them for profit, and he used his position as an Army Officer to cultivate those profits, and those actions are the very core of corruption,” Jennings told the court.

LANMON was charged in November 2007, and pleaded guilty July 23, 2008. LANMON is expected to receive a dishonorable discharge from the Army.

The case was investigated by the Defense Criminal Investigative Service (DCIS), the FBI and the Army Criminal Investigation Division (Army-CID).

The case was prosecuted by Assistant United States Attorney David Reese Jennings.

For additional information please contact Emily Langlie, Public Affairs Officer for the United States Attorney’s Office, at (206) 553-4110."

Direct link: http://www.usdoj.gov/usao/waw/press/2008/oct/lanmon.html

SOAR: Service Officers Appeals Report

The Veterans Appeals Litigation Office of Paralyzed Veterans of America publishes SOAR, the Service Officers Appeals Report, to provide useful information concerning cases at the Board of Veterans’ Appeals, Veterans Court, Court of Appeals for the Federal Circuit, VA General Counsel Opinions, judicial review, VA’s rulemaking activities, and other issues of interest and concern to PVA service officers.

The latest issue of this quarterly newsletter available online at PVS Legal Issues Page.
EDITTED TO CHANGE LINKS: Here's the newsletter archive

According to the newsletter, you may send submissions to: PVA Veterans Appeals Litigation Office, 625 Indiana Ave., NW, Suite 250 • Washington, DC 20004

Online CLE: The Representation of US Military Members by the Civilian Bar

ABICLE (Alabama Bar Institute for CLE) is advertising an online course "The Representation of US Military Members by the Civilian Bar" (Class No. 93230) running 11/17/2008- 12/31/2008.

It's rated at 1 Alabama CLE Credits 1.0 (no Ethics Credits); you can get more information at (800)627-6514 http://www.law.ua.edu/abicle/index.html. I tried their online chat system to get more information, and was told out-of-state attorneys were welcome, but of course they could say nothing about credit in other states. Attorneys anywhere may be interested in the course for its content even if it's not eligible for credit. See https://www.alabar.org/cle/class_detail.cfm?Class=93230

Community of Veterans : Welcome!

This Memorial Day see that launch of CommunityofVeterans.org, a new social network exclusively for Iraq and Afghanistan veterans. Join, learn share!

To learn more, see the Public Service Announcement from Iraq and Afghanistan Veterans of America:


Or just go to http://CommunityofVeterans.org and get started!

Veterans in Mortgage Distress: a few options

Among the many resources available on the VA's Loan Guaranty Web Site is a press release: Enhanced VA Mortgage Options Now Available for Veterans Of Potential Benefit to Those in Financial Distress

"WASHINGTON (Oct.24) -- Veterans with conventional home loans now have new options for refinancing to a Department of Veterans Affairs (VA) guaranteed home loan. These new options are available as a result of the Veterans’ Benefits Improvement Act of 2008, which the President signed into law on October 10, 2008.
“These changes will allow VA to assist a substantial number of veterans with subprime mortgages refinance into a safer, more affordable, VA guaranteed loan,” said Secretary of Veterans Affairs Dr. James B. Peake. “Veterans in financial distress due to high rate subprime mortgages are potentially the greatest beneficiaries.”
VA has never guaranteed subprime loans. However, as a result of the new law VA can now help many more veterans who currently have subprime loans.
The new law makes changes to VA’s home loan refinancing program. Veterans who wish to refinance their subprime or conventional mortgage may now do so for up to 100 percent of the value of the property. These types of loans were previously limited to 90 percent of the value.
Additionally, Congress raised VA’s maximum loan amount for these types of refinancing loans. Previously, these refinancing loans were capped at $144,000. With the new legislation, such loans may be made up to $729,750 depending on where the property is located.
Increasing the loan-to-value ratio and raising the maximum loan amount will allow more qualified veterans to refinance through VA, allowing for savings on interest costs or even potentially avoiding foreclosure.
Originally set to expire at the end of this month, VA’s authority to guaranty Adjustable Rate Mortgages (ARMs) and Hybrid ARMs was also extended under this new law through September 30, 2012. Unlike conventional ARMs and hybrid ARMs, VA limits interest rate increases on these loans from year to year, as well as over the life of the loans.
Since 1944, when home loan guaranties were offered with the original GI Bill, VA has guaranteed more than 18 million home
loans worth over $911 billion. This year, about 180,000 veterans, active duty servicemembers, and survivors received loans valued at about $36 billion.
For more information, or to obtain help from a VA Loan Specialist, veterans may call VA at 1-877-827-3702 or visit www.homeloans.va.gov."

Nominate Employers for ESGR Patriot Award

One way to encourage employers to do the right thing for deployed National Guard and Reserve members is to nominate them for an award.
You (or any NG/Reserve member) can nominate a boss for a "Patriot Award" through Employer Support for the Guard and Reserve (ESGR).

According to ESGR's handy Online Application Form:

Your employer will receive a Department of Defense Certificate of Appreciation and a Patriot lapel pin. All members of the National Guard and Reserve are eligible to nominate their employers.

Your boss may be eligible for higher recognition, but only if you take the time to explain. Please write a few sentences below to explain why your boss deserves this recognition.

It doesn't take more than a few minutes to fill out the form and reward a boss who does the right thing. This may encourage them and their peers (...not to mention their competitors...) to keep it up or even to do better. The next deployed servicemember may have you to thank!

Details: http://www.esgr.org/forms.asp?p=patriot