Claim Closed...missed Exams, Bad Address - Appeal Or Reopen?

[DblTap1]

Claim filed SEP 2011 Claim movement started in AUG13 with receipt of exam notices. Problem is the contractor was sending to a very old address. Looked on ebennies and they too had jumped back to an old address. So I updated VA and saw results of correct address on ebenies a few days later. Also, called and left three VMs with contractor. Was still getting contractor exam notices late because still sending to bad address. Address they were using only COC had. Was never used for official gov mail.

So far I have corrected VA to current address three times this year.

25OCT was able to attend MH exam but contractor still sending to bad address. Made it with <24hr notice
28OCT received letter from VA, bad address
16NOV rec'd BBE all zeros, claim closed nonattendance of exams with notice of how to appeal through BVA. But they did hit the correct address!!

My questions are:
-Is it possible to get them to see where the problem is and simply reopen claim without having to go through the appeal process and adding more years to a two year old BDD claim? If so what would be the proper wording and form?
-How do I track down the MH exam tht was done on 25OCT to ensure VA has it?
-I think I can handle this one but... One of the injuries and relatd surgeries that they are saying is not SC its outlined in an LOD and within DD214 dates. They are accepting the lower limb injuries/surgeries but not the upper limb. Am I correct in assuming that would be a CUE and to just follow the postings here as how to point it out.

Thanks folks!

Edited November 19, 2013 by DblTap1

[Bevo]

I had the exact thing happen to me when my claim was already on remand from BVA. The vlj remanded again for an exam because he found other things needed to decide the claim. Is there any other reason bedsides missed exam that you could appeal on? Missed exams can be hard to overcome once the denial is made. Maybe someone else has a better idea?

[DblTap1]

Other than the contractor had me scheduled for exams that were 1.5 to 2..5 hrs one way trip. Even though the med records clearly state that I cant travel far.

After I sent a 21-? via the VSO to correct the address and notify of the issues with distnce they sent a new C&P exam notice for a local Gen Med and MH. I attended the MH but the contractor cancelled the Gen Med. But even those were to old address. USPS forwarding got those to me the day before and I was able to get a ride.

Thanks for the interest!!

[Bevo]

Yeah I say try what you can, see if you can somehow prove they were at fault. I know in my case they found every silly reason to blame. Luckily a sympathetic judge helped me out. Good luck.

[DblTap1]

Thanks for the support Bevo!

I hoping someone with a resolved similar situation comes by. Its always so hard to offer guidance to someone because ech case while similar is so different. I always hate the possibiity of giving a fellow vet wrong info.

[Bevo]

I had replied from my phone - now at lunch at desk, here is the case where the judge remanded it back after I missed appointments:

http://www.va.gov/vetapp13/Files2/1315397.txt

It turns out that while the VBA had the new correct address, when I went into my "Blue Button" file, the old address was there. So VBA could send me denials all day to the correct address, but the VHA was sending appointments to the wrong place.

What I did:

1. Went nuts. I contacted every legislator that represented me and CC'd them and my VSO on a response.

2. Explained what had happened.

Now the VA can come back and say it was your fault if the address is incorrect somewhere. But I would try, and make sure they know if they are going to throw your claim out over this nonsense that you will not go quietly into the night.

The judge in the case I referenced came up with a silly reason to send it back. Good luck.

[FormerMember]

Ah, the joys of doing it via electronic filing. Surely in this new Halcyon world nothing can go awry. Electrons know their place so it must be Veteran error. Look at this one I just wrote up and look also at Kyhn precedence from the Fed. Circuit for guidance. Do not allow this to die or you will simply be chasing your tail for years. Nip it in the bud with a NOD post haste, Prove they have two addresses. Remember Bell v, Derwinski on constructive possession. VARO can look into VISTA and see the dichotomy of having two addresses.

http://asknod.wordpress.com/2013/11/17/cavc-collins-v-shinseki-more-presumption-of-regularity/

Here's Kyhn--http://asknod.wordpress.com/2013/10/25/cavc-kyhn-v-shinseki-no-additions-to-the-rba/

Make them show you, in your own C-file, where they have sent you a C&P notice. There is a legal codicil that says if they mail it to the wrong address, Presumption of Regularity does NOT attach.

Forget the prop. Beware the Vet.