Poa (nysdva) Lost

[Berta]

I cannot stress enough that you MUST send to VARO ALL you send to your POA.

This was a NOD on decision I only had a few days left to file on-

I had filed a prior reconsideration request that they say they are working on-

Still a reconsideration request of a decision does NOT stop the NOD clock.

This NOD was on two decisions regarding two CUE claims I had that I would not have needed to file if the POA had advised me to file a NOD on 2 prior decisions.

I have the complete record of these meetings-from the POA-as to being there and discussing the decision- the rep knew the decision was wrong-but I only wondered why he questioned it and didnt advise any further-

It didnt hit me until years later that he should have advised filing NODs on these decision. They were in two separate award letters.1997-1998-

If a POA does not get or they lose a NOD-nothing triggers them to send VA a 21-4138 in support of the NOD.

They can say they never received it-

I dont care what they say- it is the VA who has already confirmed they got it-

STILL-this is why I never received 4138s in support of any of my claims.

I checked my POA file in person Friday and I could not find any of them in there.

But after I raised hell in 2006 they did send some 4138s in on other submissions.

This office is undergoing a big shuffle-

I can understand that- but I cannot understand how they could not receive a NOD and not put it into the file-

oh thats right ----forgot-----

they would have to DO something with it- send a 4138 on it-

and of course they haven't.

NEVER DEPEND ON A VET REP TO DO ANYTHING-

Make sure the RO gets all of your stuff.

I couldnt believe how much never made it from the mail intake basket there to my POA file which is steps away in a big file cabinet with other files -that also could be missing what should be in them.

Edited July 16, 2007 by Berta

[Pete53]

Berta:

I am sorry but I feel that someone was trying to put the wood to you at your POA. It baffles me how they could not forward your NOD. Its almost like sabotage in my opinion.

I think that you should sue them when you finally get your claim put to bed.

Best of Luck

Pete

[Berta]

A higher level senior counselor said he has a copy of the NOD- (I think he got it from the c file-it is right down the hall at the RO from him)

He said he would put a copy in my local file when he travels here from Buffalo-

I asked if the 4138 had been prepared and he stated in a very snotty way in email that they do not have to prepare 4138s if they have no NOD or anything from the client to support.

DUH-that is why they have apparently s__t canned my NOD.So they dont have to do their job and write a brief 4138-

Makes sense to me- you cant work a claim or support a NOD if you claim you never get it.

Makes life easy for a state employee.

I sent the division exactly what steps I will take next if certain things do not occur and I refered them to 38 USC Part 14:

"Termination of accreditation of agents,attorneys, and representatives"

and I stated I will file a complaint with the OGC based on all the evidence I have (all documented and from them-the dopes)

as to the disparate treatment I have received.

My evidence to support my claim is solid.

I thought the VA was losing it.

Now I think someone else had sticky fingers-

I wonder how many other widows or vets on their POA are treated like this.

And yes Pete- I am collecting enough evidence to sue them.

But if I succeed in my claim-I have no basis for a lawsuit.

Lawsuits like that depend on whether the POA has cost the vet or widow money.

The pending decision from VA will determine if I start a suit or not.

[Tower_Rat]

It seems like you would have some avenue of approach as to the waiting period. Because of what the VSO did, you had to wait an extra ie year, two years etc. There should be some sort of recourse to that. Suppose a veteran has a cardiovascular problem diagnosed by a specialist and said " chances are you will have a heart attack in the next 10 years" They in effect have taken a few years from the quality of your life by making you wait because of an error that could've been prevented.

[Berta]

The NOD was only to protect my appeal dates-the VA is working on a reconsideration of the entire decision.

The point was that-like my Imos at the RO and like numerous other documents send or handdelivered to my POA- they suddenly have disappeared.

If a veteran mailed a NOD to a rep and did not mail it also to the RO (and many vets dont know they should always make sure the RO has what the rep has-

and the vet rep loses it and never files a 4138 on it with the RO- the vet can lose their appeal rights.

If my NOD got lost in a matter of 3 weeks how many veterans NODs have vet reps lost, and never filed a 4138 on- and the vet thinks the VA has it. and their claim is done for after the year after the denial has passed.

I know 2 -3 vets who did lose their appeal rights by depending on vet reps to do it all.

There is serious recourse through the General Counsel if a rep commits negligence.

The entire OGC reg as to this that I cited is here at hadit.

I never depend on a vet rep to send VA anything-

My NOD was received by VA in time. that was not my point.The decision on the 2 claims (CUEs)is pending anyhow.

Edited July 17, 2007 by Berta