Claim Closed Without Consent Nor Explanation

[EODCMC]

Hi Everyone, thanks in advance for your feedback. I submitted a claim for Obstructive Sleep Apnea (OSA), Sinusitis and Allergic Rhinitis (AR). I was awarded 50% for OSA and 10% for  AR. I was given nothing for Sinusitis even though it was well documented in my service record and since retirement. It all hinged on the absence of antibiotic treatment. Nevertheless, I feel fortunate for the recognition of my ailments. 

My problem is that I did this on my own, even though I had a VSO. Nowhere in this process did I sense their help...in any way. I have a back and shoulder issue from a parachute malfunction that is again, well documented and plagues me every day. I brought a well laid out case on my behalf to my VSO and he urged me to seek a different path. He went through my medical record and identified this and other problems that were service connected and chronic. He prompted me to allow him to submit all of these on one claim and not "nickel and dime" them with my problems. I conceded to his request.

On March ,1 he submitted a litany  of ailments on one claim...my shoulder and back mixed in. It was accepted and languished in "Under review" for a couple of weeks before being "Closed"...without even a development letter being sent. Gone with no explanation nor consent. I have been unable to get a response from my VSO...nadas.

I requested an explanation through IRIS and they responded with:

"This is in response to your inquiry to the Department of Veterans Affairs (VA) dated March 20, 2017.
Thank you for your service to our country At this time, we are unable to determine the status of your claim based on the information available to us. We have forwarded a request for information to your regional office. They will research this issue further and respond to you directly regarding their findings. We apologize we are unable to provide you with an immediate answer to your question, and appreciate your patience as we research this matter.Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below.
Sincerely yours,

C. Boyd
National IRIS Response Center Manager"

Can anyone help me shed light and/or give me some advise.  Should I NOD the Sinusitis? The VSO recommended against this. Should I resubmit my claim for shoulders and back only? Should I allow the VSO to do his job?

Your site is providing great service and should be recognized for it.

[broncovet]

This happens somewhat frequently, as it also happened to me.  I guess you noticed the IRIS "non answer" to your question, passing the buck to the RO, who isnt interested in resolving it either.  

YOur situation, like mine, is a violation of https://www.law.cornell.edu/cfr/text/38/3.103

3.103 states, in relevant part:

3.103 Procedural due process and appellate rights.

(a)Statement of policy. Every claimant has the right to written notice of the decision made on his or her claim, the right to a hearing, and the right of representation. Proceedings before VA are ex parte in nature, and it is the obligation of VA to assist a claimant in developing the facts pertinent to the claim and to render a decision which grants every benefit that can be supported in law while protecting the interests of the Government. The provisions of this section apply to all claims for benefits and relief, and decisions thereon, within the purview of this part 3.

 

It goes on to specifically state you have a right to written notice of a decision.  

[broncovet]

The VA gets away with this "shortcut to fixing the backlog", mostly because Veterans LET them get away with it.  

Your remedies are as follows (this assumes you have already contacted the RO about the problem, which you should do first):

1.  Ask to reopen the claim such as using  under 38 CFR 3.156.  

2.  CUE the result, citing 3.103.

3.  Email the president, or the VASEC.

4.  File a Writ of mandamus.  

Edited March 22, 2017 by broncovet

[MikeHunt]

You need to have someone give you an answer before taking any action. Don't assume anything at this time- It could be anything from simple incompetence, a systems error or, even your genius VSO revoking the claim.

Ask your VSO outright if they have VBMS or share. If so, look to see what happened. If they refuse, tell them you're going to make a big deal through their chain of command.

You can call 800 827-8000 and ask.