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I put in an appeal that was post marked before the year period after calling the 800 and being told that as long as the post mark was earlier than the the denial letter(within a year) it would be accepted. I later told my advisor what I was told he said it must be in the VA hands before the year is up and that unlike the Internal Revuenue and other agencies the post m,ark is not relevant as it is the VA recipt stamp etc.. Mine was stamped at 900 am the next morning of the year. I then called the 800 number and was told the same identical thing that the post mark must be there and that it would go through. The letter I received says it must "be submitted before" the year of the date of my letter. Does anyone know any court cases addressing the matter as they can deny me my back pay. Thanks....

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  • HadIt.com Elder

Keep checking on it. If they say no ask to talk to a supervisor. You should be safe by the postmark but you should not have waited so long.

Welcome to Hadit.

Veterans deserve real choice for their health care.

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I didn't receive the outside opinion until a week before the year end and because it involved testing we had to bring together experts to make our point. Thanks for your answer...but I am wondering if there are any cases out there that addresses the issue of submition and post marks.

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I haven't read this but it should answer your question-

I think the actual pstmark determines the date of filing- it could sit in the VA mail room for weeks before they stamp it.

M21-1:

http://216.239.51.104/custom?q=cache:Od09c...326217334650925

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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I read it- you can always show cause- meaning if they give you any BS, just explain to them what you stated here as to testing etc and they should accept it-

another thing too-if this IMO cost you real money- the IMO doc I am sure would cooperate if you wrote and told the VA it took time for you to pay the fee and then to get the testing etc done.

I feel you have a legit reason that this was filed late in the appeal period because the VA can only stamp what they had as postmarked sooner.

I think you will OK on this. Do you have a vet rep to argue the point if needed?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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tHANKS FOR YOUR REPLIES...My Rep says that he can probably get them to ok it as its only one day off....my thoughts are that the letter they sent me says "submit" to the VA...but what angered me is that I was told by more than one va operator on the 800 line that it was the Post mark that was important. I actually sent two copies to the VA with different Post marks to be sure they didn't loose it. Both before the year end.

Oddly the rest of the government goes by Post mark but the VA seems to have its own distinct way.

By the way I finished a screen play on Osceola and its actually with a very reprutable production company being considered ...I lived with the Seminoles for a month and got both the Seminole Tribes of Okl. and Florida to endorse it. Its a great story....thanks again for your insight...

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I am sure it will be OK-

the regs say postmark in that link I put here.

Yeah -Chief Osceola -he taught me a lot-

that is the New version of American History has taught me a lot about him----college history text books sure have changed. Good luck on this endeavor.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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