4.5 years
It took me four and a half years to see what Mr. Brian O'Neil of AZDVS (Arizona Department of Veteran's Services) had done with the Power of Attorney I gave him; to see a copy of his document received by the Phoenix VA on February 7, 2012.
(above) Mr. Brian O'Neil of AZDVS brought up the topic of power of attorney and I gave him Power of Attorney on January 1, 2012.
(below) It took me four and a half years, until July 16, 2016, to see a copy of what he had done with it.
(above) It was referred to as: .. received by the Phoenix VA on February 7, 2012. Subject "Withdrawal of compensation claim for skin cancer."
May10 (regular mail, mailed May11) Phoenix VA (Jeffery McAdams) to Veteran
"..... We have received your typed statement on February 7, 2012, stating that you wish to withdraw your claim for *Skin cancer ...."
May14 (9:21am) AZDVS in Prescott, Arizona (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. ..."
May17 (9:05am) AZDVS in Prescott, Arizona (Brian O’Neil) to Veteran
“......... Statement submitted on February 7, 2012 that you would like to withdraw claim for skin cancer......"
May25 (postal mail) VA in Miniapolus. Minnesota (T. A. Olson) (PMC) to Veteran
" ..... In making our decision, in addition to the evidence in the attached rating, we used the following
evidence: *VA Form 21-4138, Statement in Support of claim, received February 7, 2012 ....."
**************
May 10. 2012, VA's Jeffrey McAdams's at he Phoenix VA-
"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We have withdrawn your pending claim at this time.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, just state so on the enclosed VA Form 21-4138. If we do not receive this form in the Department of Veterans Affairs within one year from the date of this letter, benefits, if entitlement is established, may not be paid prior to the date of its receipt."
May 14, 2012, AZDVS's Mr. Brian ONeill at the Prescott AZDVS-
"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 systems shows that two 21-4138's were filled out."
The first stated the following"
May 17, 2012, AZDVS's Mr. Brian ONeill at the Prescott AZDVS-
"Statement submitted on February 7, 2012, that you would like to withdraw your claim for skin cancer"
May 25, 2012, VA's Mr(?)
"VA Form Form 21-4138, Statement in support of claim, received Febreary 7, 2012
"On your application, you reported you receive $523.00 per month in Social Security. A date exchange with the Social Security Administration showed that you received a gross monthly income for VA purposes effective December 1, 2011."
Comment:
Can we look at Mr
T. A. Olson's evidence for "On your application, you reported you receive $523.00 per month in Social Security.
*********
AZDVS (copy and paste 3 replies from AZDVS)
The Veteran's question to AZDVS was
"Would you please send me a copy of the document identified below with February 7, 2012?"
September 2, 2015
(AZDVS)
"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 ADVS 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. ,lna~ement 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" (azdvs)
(Veteran)
I did not respond to this.
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)
(Veteran)
The question was: "Would you please send me a copy of the document identified below
with February 7, 2012?"
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)
(Veteran)
(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?
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"
(Veteran)
(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?
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