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willj57

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  1. Berta, GREAT info. I did find Cross v. Brown and you were close. The VA wanted info from Allen Park MI VA Hosp r/t veteran's treatment. But the deliverable mail issue was around 2010. But still some good info there as well. I had dealing with the facility at the same time. It was closed shortly after 1982. I thank you for the info. I can't believe I'm still having to fight this very clear apparent error by the VA. I'm stunned by the VA's decisions. They had my address. I was in contact with them during 1982-1984 on a regular basis. I would ask the status of my claim and was always told the same thing ; "It take time, they'll let you know." I remember very well on trying to contact the VA back in 1982. You had to be like a radio call-in trying to win the daily prize. Start calling the VA at exactly 7:59am to be the first callers, otherwise the rest of the day was busy signals!! Then they would close for lunch, and you had to try again at 1pm. Again thanks. U rock!!
  2. Found the docket No. 13-24 937A, and citing of Bernard v. Brown, 4 Vet. App. 384(1993). I also have reviewed some of the return mail policy. One thing I found interesting is the VA state for agents not to rely on the address and to use the phone. It also has steps to search even the VA medical file. All that was done was two letters to the same wrong address. And no one from the VA ever called the Michigan address to check. How can that not be a failure by the VA to assist and notify. This is what the DRO stated in the NOD; The veteran had previously submitted a claim for a nervous disorder that was received by VA on 3/18/1982. As part of VA's development of this case a decision was made to schedule a VA examination. Twice VA sent examination notices to the address that had been provided by the veteran and each time they were returned. A decision was therefore was made to deny the veteran's claim. The VA form 21-8947 notes that no letter was required because of course VA was unsure as to the veteran's whereabouts. Apparently the veteran had moved without apprising VA of this fact. Over the course of the next three years there were several communications with the VA related to educational benefits and the veteran reopened this claim in 2012. ETS 01/31/1982 VA hosp 3/18/1982 (3 weeks hosp) Left TX to MI. VA had new address from approx 04/09/1982 VA sends out first request on 7 May 1982 to TX address VA supposedly send out a second letter to same TX address VA 25 May 1982 issued a C&P Disallowance, noted the veterans "Whereabouts Unknown" and closes claim with no rating decision. VA same day 25 May 1982 conducts an master Record Audit showed the veterans correct address. VA already had correct and did not pursue the claim after May 25 1982. Claim open for 54 days! That's duty to assist.
  3. Berta, where do I find these #'s? I will get back to all as quick as I can. Thank you all. I see a 216/JMC. I'll keep looking.
  4. Thank you Berta, I have a feeling that other than adding tech updates such as email, fax, etc, the policy in effect now is similar. But who knows what changes may have occurred since 1982. I filed my original claim in 82, it was open for less than 60 days. I was hospitalized that San Antonio VA. Filed my claim. While in the hospital it was deemed better for my treatment to move back to my original home of record. Prior to discharge I contacted the VA rep @ the hospital at informed VA of my address change. Got back to Michigan and within the first week had made contact with VA and VA treatment. Back then you would have to wait on hold for hours and hope some one would pick up the phone. Then pray that they would assist you (really assist you!!) not just give you the run around. Back in Texas, the RO in Houston sent out letters to my "old" address. RO did this twice within a two week time frame. With in the next two weeks the RO and VA would close my claim. Here's where it gets fun. On the exact same day that the claim was closed the VA conducted a "master audit" of my file and low and behold my correct address is right there. Mean while in Michigan, I'm still in contact with the VA by both mail and telephone when I can. Every time I ask anyone they would all say the same thing "it takes time". So I waited and waited, all they while my condition got worse and I drifted away from the VA out of frustration. So long story short version, not going into all the current frustration the VA cause. I got back with the VA in 2012. Filed a claim on my own with out a rep. I explained that I had filed in 1982 and never heard any thing about the case. Originally, they denied this claim. I got the help from an America Legion rep and appealed to the BVA. At the hearing is when I learned the facts of what had happened to the original claim. BVA in 2016, determined that the veteran’s condition was indeed service connected. Dysthymic disorder was present during the relevant appeals period and incurred during active military service. In SOC August 2016, BVA without deciding that any error was committed with respect to duty to notify or duty to assist, that such an error was harmless and did not need further action. The rep filed a NOD after trying to get the matter corrected by phone. For time sake I will refrain from going into that night mare. They lost it!, then the DRO forgot to send it out, TWICE. It to an under secretary to get it to me. The NOD was denied. VA claims it was my fault by not providing a change of address. In speaking with the under secretary she explained that all I now needed to do was to have my doctor agree that the condition that I was awarded on is the same as it on the original claim. Then send it back to the DRO for reconsideration. Explained it to my rep and we are now back in line at the BVA. So along with falsely abandoning my claim I can show that they didn't even follow the mail management policy. Again Thanks.
  5. I have the same problem w/effexor. Fixed it by splitting the dose to twice aday and making sure I take it w/food.
  6. Im looking for the VA policy on undeliverable mail that was in effect back in 1982. More accurately, policy on essential mail. Also on how to locate veteran if where abouts is deemed unknown due to returned mail.
  7. So dump the American Legion rep for a Vet attorney? Should I wait for the letter? I looked up the aabandonment rule and really believe that doesnt apply since the VA dropped the ball, my Dx is for Dysthymia, I have PTSD, anxiety disorder, and from all the stress over the year a 3rd degree right sided bundle branch block. I do remember trying to call the VA, but the line was alway busy, or Id be on hold so long the phone bill (no toll free #, back then) would be outrageous! But the bottom line, they had my right address all a long. Thank to all replies
  8. My condition was self medicated for 30 years. I was being treated at the VA but I didn't have a car or funds. Back then , I went over 60 miles to the Allen Park Mi VA and after it was closed down the Ann Arbor facility. I couldn't get work, I tried school but my condition would interfere. I will try to upload my file as soon as I can. My AL rep says wait for the decision on the NOD. I will say that the 30 years was no picnic! The fact the VA closed my claim in 82 for lack of knowing my address when they had it when I transferred from Texas back to Michigan I only learned about while appealing to the BVA , and it was included in his decision. Ihave recently contacted my senators office for assistance. Hopefully, they can help. I hope I do not have to go to more, I literally can't. It is painful to even do this because it stirs up the memories.
  9. I first filed my VA disability claim in 1982, but it was closed without a decision because the VSO who did the case claimed that my whereabouts was unknown , yet the same day he closed the case the VA did a C& P master audit of my file and my correct address was in my file for sometime. i never was notified. So after 30 years and my condition getting worse I filed again in 2012 and was denied due to lack of evidence (most of my health records where missing) so I appealed with the help from a great American Legion rep I was awarded 100% and the BVA judge notied that my orininal claim was wrongfully closed in 1982, but when rated the RO failed to make the effective date back to 1982. We filed a NOD right away. On June 19th 2017 the VA closed the NOD. Since nothing was ever updated on ebenifts I called the VA on the 2uth of June and learned of the closure and was told a letter would be mailed that was 38 days ago. I called again yesterday and was told they couldn't find my anything on the NOD and issued a inquiry. I am so feed up with the VA. Any help would be appreciated. Thanks.
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