2005-10-08T02:50:14Z
Who can champion my case against VA employees 
who by their violations of VA regulations are
keeping my benefits from their proper application to my needs?
The fee for this question is negotiable, i.e., if you can
tell me who can resolve my problem, then I can adjust the fee
before you answer the question. Thank you.

Employees of the Department of Veterans Affairs (VA) are 
thinking and acting independently from the Veterans Benefits Manual
M21-1, Part VIII, Section I, Fiduciary and Field Examination Program,
(it appears that va.gov has withdrawn this documentation from the web)
that defines the responsibilities of their positions. The issues are 
appropriate payment method, 
fiduciary financial responsibilities,
field examiner and estate analyst supervisory duties, and
release of information under FOIA.

The fiduciary receives from VA and banks my monthly check, 
mails a check to me for 70%, and he gets 4% commission.
I owe $30K to credit cards at ~17% and the fiduciary has
more than $30K of mine in the bank that someone at VA Regional Office
has disallowed him from applying to my debts. This is
violation of both the letter and spirit of VA regulations.

This problem remains unresolved after my having written to
the fiduciary, the local VA Outpatient Clinic, field examiners,
estate analysts, VA Regional Offices, a dozen local lawyers, 
VA Hotline and Secretary of Dept of Veterans Affairs in Washington DC,
Rep. Susan Davis Dist 15 Calif., author of Veterans Fiduciary Act of 2004,
my Congressman, and others.

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Request for Question Clarification by pafalafa-ga on 07 Oct 2005 20:31 PDT

Did you try contacting the California Dept of Veteran's Affairs by any chance:


http://www.cdva.ca.gov/directory/dircdvavs.asp


I don't think they handle medical services directly, but you may well
find a knowledgable and sympathetic ear there...someone who can put
you in touch with the right sort of lawyer or other advocate who could
intervene with VA on your behalf.

Worth a phone call or two, at least...


Good luck.  If that doesn't pan out, let us know, and I'll see if I
can turn up another avenue to try.

pafalafa-ga

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Clarification of Question by om3-ga on 08 Oct 2005 17:55 PDT

2005-10-09T00:55:09Z
pafalafa-ga:

My location for the most recent four years is Deep South Texas,
90%-Hispanic, Mexican-border, where the Hispanics are generally
inhospitable and non-communicative toward non-Hispanics because
they don't like them and don't want them down here.
I've received no replies to my half-dozen letters to each
the fiduciary and the local VA Outpatient Clinic.

California 53rd District Congresswoman Susan Davis,
author of the "Veterans Fiduciary Act of 2004," 
replied to my inquiry that she is constrained by tradition 
to be of assistance only to those in her 53rd District, 
but that she would, as a matter of professional courtesy, 
forward my letter to my Texas 15th District congressman,
to whose Washington and McAllen offices I had written
concurrently. In September 2005 I received reply dated 
May 2005 (no postmark, 4 months difference) 
from Texas District 15 Office in McAllen that said,
"greatly appreciate your patience"; "process your request
as thoroughly and carefully as possible"; "questions
or additional information... contact my staff"

http://www.cdva.ca.gov/links/states.asp
links its Texas counterpart as Texas Veterans Commission.
http://www.tvc.state.tx.us/PDF/Nov-Dec%202003%20Journal.pdf
on page 13 shows the TVC Chairman and Executive Director
presenting award to the employee of my local VA Outpatient Clinic
who has taken a disabled veteran to be step-father for her children
and has set him up to be fiduciary
to receive 4% of other disabled veterans' benefits
($4K+ of my benefits in four years)
and she has bought for herself a big new white SUV.
VA employees with one accord are bilking benefits from beneficiaries,
and those responsible for effecting compliance with VA regulations
are effete.

Perhaps I am more specifically seeking a lawyer,
preferably for contingency fee,
who can sue VA employees for non-compliance with 
VA regulations or state or federal laws,
recover damages, both financial and psychological,
and effect compliance with regulations, including
"use the least restrictive payment method
to meet the beneficiary's needs,"
"use VA benefits generously for the current needs
and comforts of the beneficiary," etc.

---

Request for Question Clarification by pafalafa-ga on 08 Oct 2005 18:07 PDT

Have you been through the Appeals process at VA???


http://www.va.gov/vbs/bva/
Board of Veterans' Appeals 


They're set up precisely to review situations where there is a
disagreement about benefits.


Here's a bit of a Q&A about the Board:


http://www.vba.va.gov/ro/south/nashv/nashhome/legal.htm


Let me know if that's helpful at all.


pafalafa-ga

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Clarification of Question by om3-ga on 09 Oct 2005 01:00 PDT

2005-10-09T08:00:03Z
pafalafa-ga:

The problem is that the fiduciary 
who receives my VA check is mismanaging my money 
according to my interpretation of the Veterans Benefits Manual 
that defines the responsibilities of his position.
Responsiblity for his mismanagement falls to 
the (Negro) field examiner and estate analyst,
neither of whom, after I have notified them of the mismanagement,
have corrected his mismanagement.
Houston VARO Director said that whatever the field examiner
says and does goes, without allowing for field examiner error.

No, I haven't been through the Appeals process,
and this isn't a disagreement about denial of claim
or level of benefit. If I address my above grievances to

Board of Veterans' Appeals
811 Vermont Avenue, NW
Washington, DC 20420
FAX: 202 565-4720

or

U. S. Court of Appeals for Veterans Claims
625 Indiana Ave., NW, Suite 900 
Washington, DC 20004
1-800-869-8654

they might possibly be of some assistance.

Are you ready to negotiate a fee for your answer, pafalafa-ga?

---

Clarification of Question by om3-ga on 16 Oct 2005 16:00 PDT

2005-10-16T23:00:12Z
s1979278-ga:

VA is awarding 100%, 
and my spending has been within that 100% dollar-amount, but 
VA employees have imposed the overly-restrictive fiduciary 
method of payment with its associated 4% commission, and 
the fiduciary through his non-payment of my debt
is forcing me to pay 15-20% on $30K in interest to my creditors,
a waste of my benefits of hundreds of dollars per month and 
thousands of dollars per year, year after year. 
According to the Veterans Benefits Manual, I'm entitled to fiduciary 
annual accounting information from my Principal Guardianship Folder (PGF),
but my written requests to Houston VARO for same are unanswered.
VA employees are thinking and acting independently of VA regulations, 
including those employees whose responsibility it is 
to enforce adherence to VA regulations.

Why are you not receiving 100% based upon individual unemployability?

Hi
 Sound like I'm in the same boat as you. looking for awnser. Why I can
not get my Va custolian to pay for my bills or my wife bills. We are
both 100% disable veterains. she gets her Va benifets and mine goes
through a appointed Va fudcary. Istill have not got a awnser why my
wife was not appointed or a member of my family. and my Va appointed
feducary will only pay me so much out my benfits and only certain
Items. I have no bills as to say for most are in my wife name. the va
only pays me 575 dollars out of the 2393 dollars I suppose to get
every month. So that leave my wife to pay all the bills out her Va
check and leaving us $690 in the hole. since my Va custolian will only
pay bills in my name only. and bad thing about it the bills are in
both our names. and she refuses to pay any of them. So we are on the
verge loosing our utilities. I'll be dam if I will lose my house so we
just making the car payment and house only cause we can't pay the rest
of the bills. Yet I got like 1500 that get thrown in a bank someplace.
Which we have no access to and hard to prove taxes and so forth
because the Va has refused to send any statements. Beleave me I done
like you appeals and so forth , Now I wrote my congressman here in
texas and what it take to get some one on my case. the last time I
even seen a field exmerter offcer was in noveber of 2005. Since then
House has some repairs. Like no A/c , Got few broken windows, dry
rotting in the front, a few thousand dollars worth of home repairs.
Yet Va does not send anything to my Custolian to help pay for these
bills or repairs. Lot more to the story. But the new Va faducary law
sucks. I could see most of what my custolian can do or not do. If I
was living in care faciltary. But I live in my own house. Have a
family. and I'm being treated like I live in a Va care house.
 Now After I finish writing this going do follow up with my
congressmen and the Inspector Genirals office and find a lawer. cause
once my utilties get cut off talk about the shot heard around the
world. I guess that means hiring a PR and have the press sling mud
into the Va system, and ask why 2 100% disable vetrains are living in
the dark?
 If you have anything about your case post it here looks like you been
at it longer then I. For I just begun to fight. and bad thing I ask
for everything in writing and stired up a hornet nest. Because looks
like everything I found out so far is he said she said. and there been
no real senate investgation or set rules to Va custiolians. or what
new bill was pass is very veg.
Oh by the way I will name names My fuducary is Regina Rushing and I
guess David King was the field examiner Both work out of the Waco
reginal Office. WHo both them has really screwed up my life point
blank and simple.
 If you want the low down and the compleate story of events I will
post them and show you how mess up my life been since the Va took over
my finances. Like shut down your credit, Limet your utilties to $200
is all they will pay. and so forth. Because what money my custolian
can save me from spending each month 4% goes into her pocket. I smell
a kick back here.
 Oh by the way reason I got a Va custolian what I was told because of
a new law anything over $20,000.00 automatcaly goes to a Va. Appointed
custolian. Yet nobody can show me this law on back pay yet.
                              Thank you for listening any feedback
                              
                                    Any help would be appricated.