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"date Of Receipt" And Evidence/vaforms


DOCRLWHMCMSW

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Greetings to All

I have a question/concern regarding evidence/forms and "date of receipt" at the VARO.

My statement of case was dated 20 Oct 05. It gave me 60 days to file my appeal. With the sixty day rule to respond, wouldn't my response date be not later than 20 Dec 05.

The VA is saying that my Appeal/Form 9 did not get to my folder until 30 DEC 05.

Note: I have my USPS express mail receipt showing the Form 9 was receipted and signed for in the VARO mail room on 16 Dec 05 at 1010 AM.

What does the VA regs say about "date of receipt" of mail.

Is it the day it gets to the mail room or the day it gets to your C file.?? Will I have a leg to stand on trying to win this dispute??

Thanks in advance

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  • HadIt.com Elder

Your safe thank God that you used a tracking mail. I would make a copy front and back and if not to far would go to the VARO and ask to see someone to straighten it out. If a long way than ask your SO to help.

Hang on to that receipt.

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  • HadIt.com Elder

This is why I hand deliver my evidence to the VARO. I know this is not possible for all since they live a long way from their VARO,but what you describe is so common and so many claims are probably lost due to the VA losing or misplacing appeals or NOD's. The VA is so quick to deny a claim for being late. If you have proof you can make them eat it. It is all on us vets to prove it. I am sure you are OK since you have proof of delivery. I even get a separate return receipt (the green card).

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  • HadIt.com Elder

It should be the date it hit the USPS mail, in other words the date you mailed it and have a receipt for, which if it was express mail should have been 12/15/05, unless that was a Sunday or holiday. Watch the VA, they're slippery little devils when it comes to "misinformation."

pr

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If I were you I would file a Iris inquiry as a Service complaint at the VA web site- Put the Director's Name as 'Attention to'----and tell them you want a confirmation that the VA received your I-9 on time

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