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ddm39142002navy

Mishandling My Claim

Question

I have no new information to give them. Now after all this dialouge they are contradicting themselves by telling me my claim has to be cancelled and done over taking longer to continue my process

The VA ;intially told me that my process would not have to be started over because of the mistakes made by the office in moving my folder and canceling my CNP exam due to them tranfering my folder

I never asked anyone to move my claim so why was it moved and mishandled several times? I was in NJ they moved my claim ot NY while I was in the Montrose VA hospitalIs their a supervisor I can talk to and a phone number so I can call them and get assistance in the NY area if not who is the congressman of that district that can assist me

This is not acceptable that i have my claim reastablished when I was in the process of getting my claim exams done to going back to first base and starting over

I am a homeless veteran seeking assistance and I feel as though I am being given the runaroundHere is the letter; they wrote me from the Iris document

Dear Mr. Manning:<BR><BR>This is in response to your inquiry submitted January 2, 2009 regarding your claim for increase.<BR><BR>It is standard procedure to cancel all pending claims when a veteran's claim file is transferred &nbsp;to a different Regional Office of Jurisdiction (ROJ). &nbsp;The claim must always be established at the new ROJ. &nbsp;Re-establishing claims does involve re-scheduling exams in your new location if necessary. &nbsp;By moving your claim file to a different ROJ, your claim will effectively have to start over and it will take much longer to be completed. &nbsp;It is generally advised to remain in the same location until your claim is finalized. &nbsp;This helps to avoid complications with exams and completion of your claim.<BR><BR>The New York Regional Office is in possession of your claim file. &nbsp;Your claim for increase dated October 22, 2008 was cancelled due to transferring your file to a different ROJ. &nbsp;Your claim was not mishandled or lost. &nbsp;Our system reflects that your claim has been moved several times between New Jersey and New York. &nbsp;This is the cause of your exams being cancelled. &nbsp;The notification letter that you received advising you of your scheduled exam was sent out before it was cancelled. &nbsp;We do apologize for the misunderstanding. &nbsp;<BR><BR>The referral that we sent to the New York Regional Office was &nbsp;printed and given to the appropriate department to be developed and processed since your previous claim was cancelled due to the ROJ transfer. &nbsp;The referral included your request to re-schedule your exam before January 8, 2008. &nbsp;We cannot guarantee that this will occur within this time frame. &nbsp;The New York Regional Office will schedule exams once the claim is re-established. &nbsp;We have not received any new information from the Regional Office.<BR><BR>If there is a particular reason you need the exam scheduled before January 8, 2008 we are able to pass the information to the New York Regional Office. &nbsp;You may communicate the information via electronic inquiry or by calling our toll free number listed below.<BR><BR>

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Ya want to know who I'D get hold of? I'D get hold of Bro. Al Sharpton! Peeps have a habit of listening to Bro. Al, for some inexplicable reason :lol: !

If I understand you correctly, YOU did NOT request the transfer of your claim, correct?

Then they have not a leg to stand upon when questioned as to why they did this, and, quite frankly, they cannot JUST cancel your claim. This is against the US Code of Civil Procedure......not to mention the fact that everytime they do this, it causes you to lose your EED (Earliest Effective Date) of your claim.

"It is standard procedure to cancel all pending claims when a veteran's claim file is transferred to a different Regional Office of Jurisdiction (ROJ)." TOTAL B.S. If that were the case then they could just send all of our claims to another ROJ and everytime it came time to do something with our claims, then just send it on to another ROJ, thereby NEVER having ANY claims EVER decided. You should ask them to show you that in writing and show you the source of this alledeged "standard procedure" (or ask Bro. Al to ASK them).

This is, of course, another sign of the "inmates running the asylum"!

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Larry is absolutely correct.

Goodness gracious, my claims file was transferred from one R. O to another R. O without my knowledge

and nothing was cancelled.

I probably was delayed a tad, but not too long.

I didn't ask for the transfer, but the circumstaces of my claim did necessitate the transfer.

Do what Larry told you.

Betty

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I never heard of any policy or regulation that says your pending claim is cancelled when your folder is moved from one RO to another. I think they are making that up. Did you move from one RO to another? If not then they are just playing the shell game with your claim. I don't advise vets to move while they have pending claims because the inmates may send you correspondence to your old address or get more confused than they are already. Do you have a P.O. box or some permanent mailing address? The VA moves claims all the time from one RO to another that is not as busy to finish work on a claim. As Larry says, if the VA could cancell pending claims by just moving the folder from one RO to another we would all be in deep dodo.

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Yup, this sounds like the VA is finding new ways to play "screw the vet". They cannot do this........legally.

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If you mean Montrose NY _I believe your Congressman is John Hall.

I have had contact with Congressman Hall on many veterans issues and he is on the H VAC committee in DC.

You could send him an email via the VA web site.

Or just use this email form at his main site:

http://johnhall.house.gov/emailjohn.asp

I dont understand what they mean about re-establishing your claim-

do they do that or are you somehow supposed to do that- with new and material evidence?

Did you get a VCAA letter and were you able to provide them the evidence they asked for?

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