Claim submitted 1 day late

[Diane]

I filed a claim Dec 11, 2015 and completed all paperwork to my VSO on Dec 7, 2015.  He ensured me that he would put it in by the 11th but he didn't.  Needless to say that canx my old claim and generated a new one.  He put in a waiver but said it could take awhile.  Has this happened to anyone else and if so, what did you do?

[Tbird]

bump

[Andyman73]

You may end up having to file for EED, earlier effective date, after your claim has played out, if and when you are granted the SCD you are applying for.

[pwrslm]

I had gone to a VSO before I put in my claim.  He told me to submit it myself on EBenefits.

I think that was his total and complete involvement in the deal. Once I called him with a question, all I could do was to leave a message.  About a month later he called back.  

From what I could tell by my own experience, learn the ropes because this is all about YOUR future. Not to disrespect them all, but there are some very lazy VSOs out there that can cause more harm than help for a veteran. There are plenty of resources to get help from and its not that hard.

[broncovet]

First lets make sure of your terminology.  "Putting in a claim" "one day late", does not make sense, since you can apply for benefits at anytime.  There is no deadline to "put in a claim".  

However, putting in a claim one year and one day after your exit from service is a bad idea, as you just made your claim harder to prove.  You have a presumption in the one year period after service, and that goes away after 366 days.  

If you meant an appeal submitted one day late, that is not good news for you, either.  

The only time I have ever seen a waiver granted for submitting an appeal late (after one year) is when the Veteran has a documented service connected mental disorder, and seeks a waiver on that basis, such as you were in a mental hospital when your one year deadline for an appeal came up.  

HOwever, if you have a lawyer, you may just be able to hold VA to the fire on this one.  

 

YOu have to receive NOTICE of your right to appeal.  

CORRECTION:  I just looked at the NOD and it says you have a year from the date VA MAILED your claim, not from the date you received it.  My apology's.  Kindly disregard my error, above.  

Edited February 1, 2017 by broncovet

[Buck52]

I don't ever remember them letting me know about ''claims'' when  got out   but that's been 45 years ago or so.

 so for some of us older veterans we were never told we had a year to file for any claims.

I do remember When I ETS at the Oakland  processing center going around to different areas and getting an NCO or OFFICER to sign and check me out   (check marked) on my official document that they give you to have the things checked off with pen & clipboard  and getting to eat my steak dinner with the officers.

I don't remember any Hearing test  or any other medical test?( or physical)..those were all just checked off without me being actually tested.... just checked marks! 

I still heave these records with the checked marks.

Now days that all maybe different?  they may let the veteran know about this.?

but as for as  filing for any thing as for as claims I was never told anything like that.

I believe there are millions of veterans that never knew to file a claim within one year after they got out.

 

Wish I knew then what I know now.

Edited February 1, 2017 by Buck52

[broncovet]

Buck,

Make no mistake, VA is not required to tell you verbally.  Its the claimant's responsibility to know or find out the rules for VA.  Supposedly, you can hire a representative (VSO) who can inform you of rules like applying within a year of discharge.  

There is much precedence that "Ignorance of the law is no excuse".  

Otherwise, people could sell heroine and just say, "Gee, I did not know that was against the law".  

We Vets have the burden of knowing VA regulations.  The VSO is supposed to help with that, but, as many of us found out, not so much.  That is why we have hadit.