mariahgale

Hi Berta, good to hear from you. No, I do not have anything to verify the date of mailing - I should know better by now! However, I do have the name, emails and notes of dates and times I spoke with a person at the RO about my Form 9. I, also have emails asking for confirmation of receipt of my Form 9, but did NOT receive an answer until after the one year time frame had expired. The person said she looked for my letter, but could not find it. Note: the letter was addressed to her "attention" and she was on vacation at the time of the mailing. She told me to resend certified mail. She did recieve that "copy" of the original. She told me she didn't know what she could do for me even though I have THREE documented times, in my C-file, when the RO has either failed to put my claim with my file in a "timely manner," lost my complete four volume file, or placed a 100 page appeal with documentationin the wrong section of my file with no action taken (it was found a year later by the women veterans coordinator). As I stated, these are all documented in my claims folder and acknowledged and apologized for by the RO. Note: the three times I have physically checked my claims file, I have found other veterans' information misfiled in my folder! No, I do not have a rep or POA - I fired the American Legion a few years ago because they were one of the reasons my 100 page calim was "misfiled." Plus, the reps around here have a real problem dealing with "female" issues! I was notified that the issue had been closed several months before my claim was sent to the BVA. I sent a letter stating the information I have given you (with more detail) and that I felt it was unfair that the VA could assume the US mail delivered their notices to me on time (regardless if it was received), but I was not granted the same assumption. The only way I can guarantee receipt is to send with a "return receipt." This get expensive and the VA does not reimburse for mail costs! I never heard anything back about the "closed issue," so (like a dummy) I assumed the issue went to the BVA with the rest of my claim. It was not until I received my BVA decision last week (18 months later) that the "closed issue" had not been sent by the RO. Unfortunately, my computer got "sick" several months ago and did not "recover" completely. All my personal files "died." I spoke with the RO last Tuesday and she said she would have to look at my file and get back to me. I called again yesterday and was told my claims folder had NOT been received back from the BVA yet??? I had spoken to the BVA last Tuesday, also, and was told they could not do anything for me because my claims folder had been sent back to the RO the same time my decision had been sent to me - March 16th. I cringe to think the RO has "lost" my claims folder, AGAIN! Sorry to be so long winded, just never thought this would happen. Grrrrrrrrrrrrrrrr.... Linda

It has been a very long time since I have been on Hadit. Needed a lot of time away from my appeal at the BVA - you know what I mean. Anyway, I have a big question for the "experts." Somewhere I read (not sure if in the CFR 38 or in a BVA ruling or where?) that the VA assumes that any notification from them will be received because the VA has confidence in the US mail. In other words, if they say they sent a notification, then a veteran cannot claim not receiving the notification. Am I making sense??? Does anyone know about this? Where can I find this "regulation?" I sent in a Form 9 concerning an appeal to the BVA with three issues. One issue was resolved, so I assumed the other two went to the BVA 18 months ago. I received the decision a week ago, but it onlu addressed one of the two issues. My RO says it is because I did not get my Form 9 in on time and the third issue was "closed." I waited 18 months to find out that my main issue was not even looked at. Is there any regulation that covers the assumption that if the veteran says they sent in the required information and has a copy of the information, that the ruling shoud go to the veteran? I really appreciate any assistance. Great to back . . . now if I can just figure out how to use this new board! (How do you delete old messages? I could not find this information.) Linda