Editor’s note: We have an update to reporter Bill Siemer’s Oct. 13 story about Ralph C. Davie, a Redding Vietnam veteran who has filed a complaint against the Shasta County Veterans Services Office.
Larry Lees, Shasta County CEO
Yesterday, Siemer spoke with Larry Lees, Shasta County CEO, about the Davie case. Siemer said that Lees confirmed that the county is “looking into” a veteran’s complaint concerning the Veterans Service Office.
We take all these concerns seriously,” he said, referring Ralph C. Davie’s file, which disappeared for two years until Senator Dianne Feinstein’s office intervened.
Davie found out that the VA had closed his case because a vital form had not been filed by the Veterans Service Office.
Lees would not say what the investigation might entail, or how long it might take. He said if it involves personnel action, Davie will not be made aware of the outcome.
“There is no indication that this is anything more than an isolated case,” Lees said, adding, “No one else has come forward.”
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Original story by Bill Siemer, Oct. 13, 2014
Veteran’s Formal Appeal Disappears: ‘Process is a Moving Target’
Ralph C. Davie, Vietnam veteran
The paperwork required for a military veteran to file a claim is so complicated that Shasta County created a Veterans Service Office.
The office is run by Bob Dunlap. Dunlap, a vet, says “we provide assistance and direction.”
He supervises a team of six full-time staffers who fill out paperwork, file claims and appeals … when the claims are denied. Appeals must be filed on time or the veteran must begin the lengthy process all over again.
Dunlap, who has been the Veterans Service Officer for five years, said the forms are “very complicated” and the entire process is a “moving target.” His office sees 45 to 50 people a day and is one of the busiest in the north state.
Our story begins on October 23, 2009, when Ralph C. Davie (who was previously awarded 50 percent disability for PTSD) filed another disability claim for peripheral neuropathy due to Agent Orange exposure while he was a Marine in Vietnam.
The claim was filed by the Shasta County Veterans Service Office. Mrs. Davie says she was encouraged to allow the Veterans Service Office to handle all the paperwork because of its complexity.
The claim was denied February 22, 2010, even though the VA’s own doctor, Harpreet Singh, signed a report dated January 14, 2010, stating: “Most likely this peripheral neuropathy is agent orange related.”
The Shasta County Veterans Service Office filed a Notice of Disagreement on Davie’s behalf. In March, 2012, two years after the Notice of Disagreement was filed, Davie received a 25-page letter from the VA (Statement of the Case) telling him what his rights were and, again, denying his claim. He had sixty days to file a formal appeal. If he failed to file, his case would be closed.
However, VA Form 9, the formal appeal, was never filed on his behalf by the Veterans Service Office. Since March of 2012, nothing has happened in his case except for letters from Mr. Davie’s wife, attempting to find out what has happened and unsuccessful visits to the Veterans Service Office.
On September 18, she found out. The Department of Veterans Affairs responded to Senator Dianne Feinstein’s request for information about the case. VA Regional Office Director Julianna Boor said the case was closed on June 12, 2012, for failure to file the VA Form 9 within the sixty-day period. Davie was never given notice of the closure.
What happened? When queried by Mrs. Davie, Bob Dunlap responded: “In my experience, the VA normally denies Peripheral Neuropathy (PN) claims because the condition did not manifest itself to a compensable degree within one year of exposure to Agent Orange…”
However, Mrs. Davie hand-delivered a letter from Mr. Davie’s brother to the Veterans Service Office (so it could be included with VA form 9) stating that Mr. Davie had “tingling in his feet…” within the one-year period. The one-year period only applies to “presumptive” claims. He could still prove his claim by direct evidence, in-other-words, by the report of the Veterans Administration own doctor.
However, Dunlap’s response begs the question. Why wasn’t Form 9 filed? Dunlap said he cannot speak publicly about it.
The Davies have been told that if they want to start over, they can.
“Our office remains available to assist,” Dunlap said.
Bill Siemer grew up on a farm in Lassen County, played basketball at Shasta JC, went to Vietnam, became a newspaper reporter and then a lawyer and now considers himself a champion of the story that needs to be told. He lives on the bank of the river and takes pictures.
