Regional still screwing me

[JuanP]

 

Hello everyone. I am Juans's wife. He currently does not have computer access and cannot read or write on the message boards from his phone and will have limited access for the next several months. We received a letter asking for form 21-4192 from last employers. Firstly, all the previous employers are no longer in business so it is virtually impossible to get anything. Secondly, they should have had all this a long time ago because he submitted documents from the previous employers that he was not injured during any of those jobs. I thought the last request for documents was the final one and they were supposed to provide a decision in 30 days. I do not know what to do at this point to help get or keep this moving and I am stuck and feel helpless. Any help that anyone can give me would be much appreciated as it appears they are trying to screw us yet again.

My Sincerest thanks,

Chastity

 

 

[Berta]

 "Secondly, they should have had all this a long time ago because he submitted documents from the previous employers that he was not injured during any of those jobs. "

I hope he still has copies of those documents.And his TDIU form he submitted.

My RO has done this to me many times, but mostly before the 5103 waiver came into affect.I made 53 submissions of evidence since 1995 that by time of Shreddergate had been ignored multiple times by my RO.

I sent the H VAC committee during those hearing, 53 copies in color of every priority USPS Mail receipt I had, from those submissions to the RO..those claims were resolved but it just goes to show how careless the VA can be, and they force us to re submit what they already have,so that they can continue the backlog and of course a lot of evidence got into a shredder during that VA scandal.

 

I suggest that he send those documents in again attached to a copy of their request ( with a copy of his 5103 waiver if he still has it) and get a USPS proof of mailing.

The 5103-  I suggested this here before and realized last week that VA screwed me up anyhow.

I suggested doing what I did.

I listed every piece of evidence with a date and brief description of it on the 5103.

All of the evidence was verified by John Wagner, a lackey from the director's office by phone to me.

But last week when I read the 5103 I knew what had happened.......

They sent One  VCAA 5103 to me, with John's initials on the letter, saying that it was for the pending CUE claim and also the 

additional 1151 claim I had pending...and that they were working on both.

I clearly identified on the waiver the multiple pieces of evidence enclosed ( all in VA's possession since 1994) for the CUE and then under that I specifically stated and enclosed again the sole piece of medical evidence they need for the CUE.

John Wagner verified that they had all of the evidence ( I made him read back what evidence he had briefly for each claim and he said they would immediately finish both claims.)

When I got the award letter, the evidence list went back to 1984. I took months off from it to prepare the NOD and then the I-9.

But it wasn't until last week that I realized the big argument I had with the director on my retro amount was because they sent one 5103 for both claims and did NOT use my evidence for one of those claims...part of the evidence John went over with me by phone.

I have to prepare another CUE claim and word it carefully because our DTA rights are not subject to CUE,

but the 5103 waiver and copies of evidence I sent in AGAIN, is a violation of 38 CFR 4.6.

 

My long point is. SAVE EVERYTHING!!!!! You never know when the VA will pull this crap on anyone here.

They count on the fact that it is difficult for many of us to stay organized and that we cannot provide copies of long -lost or discarded stuff, that is important to our claims.

Stuff that may or may not even be in our C  files.

And unfortunately that we might have to provide to them MANY times.

 

 

 

 

 

 

 

[Gastone]

Juan, just started reading your posts. What exactly was remanded to your RO for New C & Ps or Awarded by the BVA and sent back to your RO for Rating?

Is there a chance you could post your BVA Docket Number? If possible, posting redacted copies of your Award/Denials would be very helpful.

When exactly did you get the 60% SC, before or after you dumped your Lawyer in 2014/15?

Did your VA Appeals lawyer get a 20% piece of the 60% SC Retro?

I understand you're on Pain Killers and this has been going on since 2010. Just my opinion, I can't see someone with your memory issues even chancing the BVA, without a lawyer. VSO's mean well but their not Attorneys.

You might want to consider contacting the DC Pro Bono legal Firm for representation.

Semper Fi

[Buck52]

Yes I agree with Ms berta ,

hopefully juan has these records in his possession 

here is regulation on VCAA

http://www.bva.va.gov/docs/VLR_VOL3/6-GriffinAndJones-VCAA-TenYearsLaterPages284-321.pdf

 

Note to juan wife.

try to come to hadit as much as you possible can  we will help you guys as much as we can, I am not familiar  with juan claims?  but if he don't have access to a computer  go to your community Library they have access to let you guys use the computer.

Hopefully when juan submitted these Documents to the VA he did via e benefits  or sent them with return certified receipt  , this is crucial evidence if he has the records in his possession.

Like Ms berta mention  keep everything the VA sends you and everything you send the VA.

It can come back on us if we don't.

right now to address the letter they just sent you guys  write them back and let them know when  juan sent these documents  in to the VA  And tell them they should have these documents in there possession. ..its worth a shot  because you do need proof  but it may help buy you some time until you can get the documents in to them.

[Buck52]

Also if you guys have not yet?..request his C-File.  the documents should be in his C-File.

if you have his C-FILE dig deep in it and finds these records  make copy's and send them to the VA ...ASAP.

[flores97]

OK,  this is an easy fix.  If you can't find copies of the old forms you submitted,  call the 1-800 number and request a blank 21-4192, as well as a blank statement in support of claim. Complete the 21-4192 form yourself,  to the best of your knowledge,  try to be as accurate as possible. On the statement in support of claim form,  explain that you had to complete the form yourself due to prior employers being out of business.  Also explain that you have previously submitted the 21-4192. Be SURE to include this statement,  at the end of the form "I declare under penalty of perjury that I have completed form 21-4192 truthfully and to the best of my knowledge". I did the same thing when my prior employer said they couldn't fill out the form,  and the VA accepted it.  Fax it back into them asap.  Best of luck

[JuanP]

OK guys!  --It's Juan. I have some internet today.  But my access to a working compter, wifi and space to think and type will be rough on me for a bit. Today I'm lucky.

And I'm lucky to have yall, thank you.

I'm in California, for a bit of a time to learn how to treat myself properly, without painkillers, or mood stabilizers.  With only cannabis. 

So i dont have access to my records and my wife and I are trying to patch this together and hopefully get it put through.

 

Short synopsis is that my case was back on remand after a positive decision by the bva connecting my spine. 60%

Regional then Lost my case for a yr and a half.  They got moving when I reminded them they had my case.  

I filed a 5103 and I expected a decision in about 30 days.

They scheduled a host of C&P exams, those went ok I felt.

I have not submitted these new forms that the VA is now asking for. But the reality is the jobs they are asking for were from about 2005-2009.

My claim doesn't even start til 2010.  I wasn't working at the time.

and to top it off, every on of the companies are now closed.

So my thought is to inform them of the last, print proof and submit it.

 

Thoughts?

I called (someone), and they say that my case is NOW in the decision phase. (if that has any bearing)

 

Thank you all for your help on this.