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chr49
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Posts posted by chr49
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Hi!
I'm Sheila Lundlee and I'm a new member. I am still exploring the site, but I will probably be posting a "success" story in the appropriate forum... Looking forward to interacting with y'all :)
Welcome Sheila! Look forward to hearing more from you.
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Welcome to Hadit Mike. You'll find many helpful resources and members here.
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I called my local congresswoman for a meeting. Her assistant says she is "unavailable". Well, I won't be available in November. I contributed to this arrogant person's campaign and "unavailable" is what I get. We shall see. They are going to get a lot of letters from me and maybe me out in front of their office with a sign. If you want help from the VA you need to be a pest. Being a nice, quiet vet with your hat in your hand won't get it. The VA kills people. Do you think they give a damn about us?
Would I protest an injustice? Yes, there's no doubt about it.
I lived with hate, anger and rage for over 30 years after returning from 'Nam. I was quickly given the nickname 'A-hole R----d' and watched my friends/family, more often than not, turn the other way when they saw me headed in their direction. I've achieved much more since I've worked to change my attitude. I still feel the anger/rage and I still want to fight when I'm cornered but I try hard to evaluate each situation and plan my response rather than reacting without thinking. All that being said - I don't/won't sit back and let others roll over me.
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....................and the envelope goes directly into the mailroom trash after being opened....................................
Well, THAT takes care of that!!
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Clair,
Here's what I have started doing to at least give me a little hope of being able to prove what I mailed if it is necessary.
On the green card that the VA signs (the one that comes back to you), I have started using an "ATTN:" line immediately after my name on the return address. In that line, I include something like "IU application" or "Support-claim of 10/01/2010". That way, if they ever ask me how can I prove what I mailed, I can at least show them what I said I was mailing at the time. I don't think it matters what you put in there as long as the return address is good.
I have no clue if it helps or not, but it makes me feel better. Good luck!
Thanks Pat,
It's not a bad idea and it's easy to do. Like you, I don't know if it would actually prove anything.
Has anybody ever put 'Attention: Claims - Refer to _____' info on outside of their envelope when they use fed-ex or USPS certified/return receipt to mail in paperwork? I know everything gets sorted in a mail room.
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Just "google" your local United States Representative's name and their office contact information will be available. Just call your Representative's local office (not their Washington, D.C. office) and simply ask for the VA person.
I'll do that...may need it!
Thanks
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I guess it is time for the lecture that every Veteran needs to know and pay attention to cause it matters. Your claim is your responsibility. Whether or not you get a VSO or a Lawyer or some other kind of advocate the deadlines and the NOD's and the forms are on you.
You can not walk into a VSO ask them to help you on a claim and than forget it. Its still on you and if a deadline is missed its your problem not anyone elses.
Thank you Pete53
I opened this topic to get advice. I really didn't want to bash VSO's. In honesty, I wouldn't want their job since it's obvious from LarryJ's comments that they are up against the same problems as we are with every vet that they deal with. It sounds like most everybody is having problems of one sort or another. My goal with this topic was to talk about how to handle the issues at hand. Hadit support!
I totally agree that we need responsible for our own claims but then there's the pestering factor. How do you tactfully check on things without becoming a pest/irritant in the VARO's eyes or getting 'red flagged'? It seems like such a fine line to me. I phoned my VSO 1 month ago and he advised that I wait 60 days before checking on the NOD. I pushed that back to 45 days because I didn't want time to get away from me and now I hear it was never received, just as my past paperwork was never received (yet found in my c-file). It makes me angry but more than anything I just want to find a way to correct the problem without making huge waves.
I'm going to come up with a plan on how to do things from this point forward...don't know what it will be but all of suggestions given in this topic have been helpful.
Thanks Guys and Gals!!
LarryJ...I need to find one of those 'Congress person's VA liaison' people!
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Proof of receipt of documentation should work in both directions. If we mail something, we must have proof they received it. If they mail something, they automatically assume we have received it.
Has anyone ever used return receipt to find the VA confirms only the receipt of an envelope, but not the contents of the envelope?
I only get receipts of the envelope..which doesn't give much proof.
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If the paperwork was submitted by your VSO let them handle the fact that the RO says that it was not received. You should not have to provide them with the NOD again as they should have a copy of it in your file kept at their office. Speak with them and see what direction they are going with at this time. If you don't get the answer you want then resend the information yourself.
Sharon,
Thank you. I promise not to send things in without checking with my VSO first, especially since they helped me with the NOD in the first place. I need to talk to him anyway, since I've gotten an 'more likely than not' IMO since we last spoke and he may want to go in a different direction.
I noticed that my IRIS request & reply was copied to the TN DVA but I doubt he'll notice it unless I contact him. I will most likely get some time off work tomorrow so I can run into the city and get this taken care of.
I was concerned that we may doing something wrong which is causing the problem I've had twice now. My wife says it's more likely a TN DVA & VARO issue than our issue but either way, I'd like to know that the VARO is getting my paperwork. The medical files that were omitted from my decision may have made a difference in one of the decisions.
I appreciate the advice I've received here, especially running things thru my VSO as usual but sending in the paperwork myself so I can get verification that it's been received. We'll see how it goes with my VSO...he's a pretty good guy and has been very helpful.
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That's good advice.
When I filed my initial claim in the 1990's, I trusted my county VSO to send in my documents. I was very quickly denied because they said I did not submit any supporting documentation. Later, they claim to have received only an empty cover jacket with my name on it. This cost me years and put me into the appeals track, because my VSO was lame. When I received my c-file earlier this year, I found all of my original submissions from my initial claim. They were ignored. Nice...
Now, I use the DAV. I prepare my documents and let them look everything over. They offer to submit my claims, but I do what Larry said (above). I have not had any missing documents in the last couple of years.
Also, when I make a submission, a couple of weeks later I usually receive a letter from the RO saying they received my documents.
Vync,
Sounds like you've been thru what I'm going thru. I believe I may need to do as you've done, present them to my VSO and let him do his thing, then fed ex or mail certified myself, instead of depending on somebody else. I'm beginning to think it's something between the DVA and the VARO. With my first claim, I disagreed on a minor item and did it myself without any issues at all. I also like the idea of faxing the NOD when it is mailed.
Thanks again.
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Thanks to everybody for all of the helpful comments. To this point, there are only 2 suggestions that I haven't tried. I haven't faxed copies or hand delivered my paperwork to the VARO.
LarryJ, I've read your advice carefully and I've done quite well. Each and every page I submit has my full name, VA file # and 'refer to' information. I even stamped the back of each page of my IMO letter with my file number/name even though the information is stated on the cover page. All pages have been numbered and indexed.
Everything I've mailed has been certified, return receipt BUT I've mailed everything to my VSO and not directly to the VARO, which was what I was instructed to do. When the April file was misplaced, I re-sent all of the paperwork directly to the VARO certified, return receipt. I feel like I've done everything that can be done but I'm still having problems.
When I go see my VSO about this, I'm going to have him re-submit my NOD, then I will fax a copy directly to the VARO as soon as I get home. Hopefully that will make a difference. I don't know if I should also fax my new evidence along with the NOD or wait until I hear more from them. I'll see what my VSO advises on that and go from there. Then the waiting game will start again. I hope it goes thru the second time around.
Thanks again....
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First off, my VSO's are with the TN DVA and I believe they have done their jobs properly. I'm trying to figure out how to keep the following situations from happening again.
Old issue: April 2010; submitted evidence thru my VSO in reply to a VARO request. The VARO said they never received it. I re-filed that evidence in August. A day or two afterwards, I received my c-file and found it contained the date stamped form VA-4138 and all records that my VSO had submitted for me in April. April's evidence was omitted from my July decision. Hopefully, the April evidence will be viewed as new evidence as I move forward in the process.
New issue: August 13th; submitted a NOD thru my VSO. On September 30th, I made an IRIS inquiry to verify the VARO was in receipt of my NOD. I received 2 IRIS replies stating the August 13th NOD was not (1) in my electronic file and was not (2) in my VARO c-file. The last reply advised that my VSO re-file the NOD. I continue to lose time with all of this re-filing.
Questions:
Is this a common problem?
If so, are there any recommendations to remedy this situation?
After my VSO re-files the NOD would it help if I personally send or fax the VARO a copy of NOD?
Thanks in advance for any advise you can give me.
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I recently have been sending NODS, ect to the VA and today noticed a open claim that stated"Freedom of information act/privacy act request claim." What is this for? Did my stupid VSO submit a claim for me and screwed it up , forgot to submit some important document that I was to sign. I states medical info received. I am sending my own request for reconsideration with an explanation of what I was claiming, missed medical info and a detailed explanation including that I had an ignorant VSO who I have replaced.
Cool Breeze,
I'm not sure what it's about but when I requested my c-file a few months back I noticed the same E-benefits "Freedom of information act/privacy act" after wards. Maybe there's a connection to a request for your c-file or other information?
Personally, E-Benefits hasn't shown to be beneficial in my situation.
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Today I recieved the white envelope with an award of 100% dating back to 6-28-2000 for my remanded claim from BVA.mY c&p which wAs done on sept 4 2010 was very favorable and I was awarded sc for rheumatoid arthritis due to radiation exposure.Thank God almighty! .this was an ongoing claim since 1975 but we finally prevailed.chalk one up for the Atomic vets and most of all the help and guidance I recieved at Hadit .could not have done it without you guys thank you all so very much.My life wont get any better but at least the final leg of my juorney will be smoother.
This is so exciting! It's awesome to hear that you will receive retro back to 2000! Spend wisely and more than anything else, relax and enjoy!
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Congratulations. It's always good to hear stories like yours.
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Welcome to Hadit!!
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Carlie,
Thanks. Great info. I can see why they prefer this one.
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Greetings all:
The Spousal Unit called me at work(AKA she who must be obeyed), a large big brown envelope was in the mail. I had her open it. She read - I listened - I smiled.
They have approved the hypertensive heart disease at 60%
Cervical Spine is service connected at 0% (wrong but I need to read to see if it is worth appealing).
It only took three years for an initial decision, but they didn't try to lowball me on the hypertensive heart disease. I was worried because they say 50% LVEF and the regs read 30 to 50 not through 50.
Thank you all for the encouragement!
Best regards,
Tyler
Congrats Tyler!!
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Yesterday I got denial notice and once again the VA ignores the fact I have 2 flat feet (bilateral) not one. They also denied chronic treatment of pain medications as treating secondary symptoms of bad back, They consider that because I do not see a VA Podiatrist as meaning I don't get treatment when the dirty bastards will not see me when I ask for treatment.
Since in my denial it says I can ask a question I plan to send in a request for explanation on why bilateral was not applied and send in single questions about treatment medication. I plan to ask my PCP why she prescribes hydrocodone for me.
I think I will also ask for a DRO Hearing.
Pete,
I'm not sure if any of this info will be helpful to you. Apparently the 'bilateral factor' we normally see isn't used with flat feet.
If the VA is rating your condition as bilateral you should be able to figure it out. According to the 38 CFR Book C there are specific ratings for bilateral vs. unilateral, which are figured according to the severity of the condition. Here's the info:
5276 Flatfoot, acquired:
Pronounced; marked pronation, extreme tenderness of plantar surfaces of the feet, marked inward displacement and severe spasm of the tendo achillis on manipulation, not improved by orthopedic shoes or appliances:
Bilateral - 50
Unilateral - 30
Severe; objective evidence of marked deformity (pronation, abduction, etc.), pain on manipulation and use accentuated, indication of swelling on use, characteristic callosities:
Bilateral - 30
Unilateral - 20
Moderate; weight-bearing line over or medial to great toe, inward bowing of the tendo achillis, pain on manipulation and use of the feet:
Bilateral or Unilateral - 10
Mild; symptoms relieved by built-up shoe or arch support: 0
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Well since you just filed a NOD on 08/13/2010, in the next month or so you should
receive something from VA saying they received it.
My thoughts are that the evidence that was not of record when this decision
was promulgated (if it supports granting the issues contained in your NOD)
could be viewed by the VARO as additional evidence for a reconsideration,
if you were to request they do so.
Remember the NOD clock would still be ticking as you can't have both at the same time.
JMHO.
Thanks Carlie, I was thinking along those lines. It's difficult to know whether to go with a reconsideration or not. I recently obtained a "more likely than not" IMO (following the guidelines I've found on Hadit & locating a specialist in the area I'm dealing with). I thought I'd take it to my VSO and ask about going the reconsideration route with a request to review the omitted medical records & the IMO as additional evidence. So, my question is, can a reconsideration hold things up to the point of not having time to take the traditional route?
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If you have access to E-benefits, there is a section there for showing appealed cases. That might have some information on your appeal, or, at least whether they received it or not. Good luck!
Pat,
Thanks for the reminder....so far there's nothing showing on e-Benefits, but I've never had much luck with the site. It's never up to date in my case.
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You can always send another IRIS stating that the previous IRIS was incorrect, since the records, etc. in your "C" file show that the VA had received your packet, and you question whether the information was taken into consideration in any decisions made between then and now. I cannot say if this is a good thing to do, except to mention the old saw about the squeaky wheel.
Thank you Chuck75. I have considered doing that but as you say, I don't know if it's a good thing to do. I really don't know what would be the proper way to handle the situation. I don't want to make things so bad that they won't listen to me but I don't want to lose out because I didn't speak up either.
I just sent an IRIS inquiry to check on whether they've received my NOD and I was hesitant in doing so, but I don't want to lose because I didn't watch close enough.
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When you file a NOD you are supposed to get a statement of the case. If you filed in August that is not too long a wait. Have you checked to make sure the VA got the NOD?
My VSO explained that the statement of case would be the next thing I'd receive.
I have not checked to make sure the VA got the NOD at this point. I've checked in with my VSO but that's it. Would I get that info from an IRIS inquiry? Since my luck with IRIS inquires hasn't gone well, I would like to know if there is another way.
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It has been my experience that what the VA says is not always factual.
You can say that again!!
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Welcome to Hadit Hawk!
You'll find many helpful people here, as well as resources you can't find anywhere else. Best wishes with your endeavors.