Va Lost My File!

[JENNABEAN]

Hi! I just found this forum today and I have been reading the posts for the last few hours but I haven't found a situation quite like mine. I am completley dumbfounded at what the VA is doing to me. I was medically discharged from the Air Force on Jan 16, 2007. I filed my claim before my date of seperation, and it has been on file with the VA since 17 Jan 07. I started calling the VA once a month after I filed my claim and was continuously told my claim would be completed in 6-9 months. Once the 5 month mark hit and I was told my claim had not been STARTED yet, I began losing my patience. I called at least once a week to check on the status and was told something different each time.

About 6 weeks ago, I got my congressman involved, and when I contact his office all I am told is "we've put in an inquiry." Well, that's nice...but it doesn't let me know anything. So today I called the 800 number AGAIN, and I was talking to a woman who had been working in the Nashville office for the last 30 years. She had the nastiest attitude, but she knew her stuff. It turns out my file has not been seen since JANUARY 29th. No one has the file...no one is working on the file...no one knows where the heck the file is! And I have been calling at least once a month for the first 5 months, then once a week after that...and now several times a week...and no one noticed this before today!!!!!!!!!!!!! I started crying my eyes out because I have NO money, and I cannot work. My husband works for the state and he is working a second job at Ruby Tuesdays so we can TRY to make ends meet.

Anyway, I asked the lady what the heck I am supposed to do since no one knows anything about my file....she said that I need to come in to the office and ask them if they can REFILE!! I just don't get it. I NEED that money...I CAN'T work. I have a loose screw in my spine that is eroding away the bones..and depression, and fibromyalgia, and some female stuff on top of that. I have two sons (ages 3 and 4), and I can't even pick the little one up...I can't go out shopping without my walker...I am only 25! Anyway, I am overtired and frustrated and depressed, and I am wondering if I am going to have to wait the 6-9 months all over again when I refile? What can I do about the fact that they lost my file in JANUARY and didn't bother to tell me or ask me to refile.....is there legal action that I can take? Please help me.

Jenna

[cloudcroft]

JENNABEAN,

"What happens when I refile? I didn't even notify them when I got married in June because I figured that would hold up the process if I did a name change on them. Will I have to wait the 6-9 months again? What do I do as far as my finances during that extra time? My savings has been depleted over the past 10 months and there is no end in sight with these people. Is there some sort of financial help for vets in this situation? How do I make sure they are working on the claim this time when I file? I called all the time with the first claim, and it didn't make anyone work on it....I am so confused!" -- JENNABEAN

I have not read your case details, I am just giving some claims-process-advice here re: a "lost claim" and what to do now, as per the questions you ask above...

I'm still not convinced that your claim REALLY IS lost...just misplaced and in someone's office or on a shelf somewhere, but not actualy lost, i.e, MIA and never to be heard from again...despite what you've been told by assorted VA people of dubious reliability.

But if you can not wait any longer, get someone at the local VA Benefits Office (at your local VAMC, go in-person if there is one in your city) to give you a written statement that they "never received any claim" or that they "can't locate" any such claim (date-stamped of course) and keep it for your records. Then refile your claim, INCLUDING THE VA STATEMENT (a good legible copy should do for now; keep the original) for the record in your "new" claim. But in YOUR statement filing the "new" claim, make it clear that you are filing it because your original claim filed (give date) "appears to be lost" because no one you call at the VA/VARO can find it no matter who you talk to or how many times you call (get people's names if possible along with date/times of calls you make). So consequently, you presently are acting upon the reasonable conclusion that your orignal claim may be lost and rather than waste any further time getting your issues resolved, you are filing THE SAME CLAIM again...in case the original claim is not found later.

[but I have to add, 6-9 months is not really that long re: waiting times for the VA. The "we can't find it" BS is disturbing, but the wait time is par for the course. So if you lose 6-9 months already, re: VA waiting times, it could be a WHOLE LOT worse]

Saying something like this will relate this "new" claim with the "old" original (and "lost") claim and doing so in no uncertain terms, so the VARO later can't say you it's NOT related (if they argue your EED if your original claim DOES show up later). That is, if the original claim IS found eventually. If it NEVER is found -- and you can't PROVE you filed it (no date-stamped submission records of any kind), it's just your word against the VA's and with no proof you even filed, you will have to forget any EED the original claim would have gotten you and just go with the EED the "new" claim filing date will get you.

But in light of your present situation, the EED issue is the least of your worries NOW because you need a claim SUBMITTED and BEING WORKED ON (in line with all the hundreds of other claims also in line, I must add). I'm just saying that you will face the EED issue at some point (we ALL do) down the road, if the orginal claim is found, and it can be shown the VA DID receive it but "lost" it for all this time, you should be able to get a EED set to said ORIGINAL claim, not the "new" claim. It may have to go all the way to the BVA if the VARO still argues this point later on, but you should prevail in the end. If you do NOT have this proof, and the original claim never turns up later, you'll have to write it off.

As for facing finaicial difficulties, lots of vets are in the same boat...that's how it often is and you'll just have to find other means to survive the time period it will take to eventually win (I assume you have a good case and WILL win; as I said, I have not looked into the merits of your claim...but it wouldn't matter much if I had because I am no expert anyway). So financial problems while waitng for a VA decision afflicts thousands of vets almost enough for it t be the rule rather than the exception. You just have to make it somehow. Sorry.

And you can't "make sure" VA employees are working on your new claim -- it goes from place-to-place, person-to-person...slowly...that's also how it is. As I have stated earlier and continue to state, vets filing their first claim need to be emotionally/psychologically prepared for a 3-5 year process UNLESS everything goes right for you from the get-go. Any denials and the time gets longer instantly. If you can't hang in there (persevere) that long, you aren't going to make it. Again sorry, but that's also how it is. Many vets give up early on, or, at the first denial decision.

So I hope you have a date-stamped submission record fo your original claim. If not, still state you are filing THE SAME CLAIM AGAIN in case the original claim shows up later. You either have to have the proof you filed the original or, the claim shows up later to prove it was filed. If neither happens, you truly DO have a new claim now.

Regardless, you have to go on what info you have NOW, so refile....work out the details later...just get it in the pipeline.

Good luck,

-- John D.

Edited October 21, 2007 by cloudcroft

[vetwife]

I respectfully disagree - I do not think you should re-file.

You said when you called "your file is on search" , so then they know you have a claim & it is still active.

If you re-file - they will still have to track down your current file to get all your Service Records - (once a claim is opened - all your Service Records go to your RO & in your c-file)

(unless you happen to have a complete copy of all your SMC's ?) - otherwise, refilling would not do any good, and just add confusion. Just my opinion.

[Pete53]

Jenna:

Refile is really not a good way to start your claim moving especially since you can prove you filed it. You need to get some help from your Service Officer and or the VA to locate your missing claim.

I think you might even want to drop a dime with your local newspaper if things don't move to your satisfaction.

[cloudcroft]

Disagree with whom? Me?

That's fine, but don't take my last sentence out of context.

I didn't write all the rest of the post for nothing...or did I?

-- John D.

I respectfully disagree - I do not think you should re-file.

You said when you called "your file is on search" , so then they know you have a claim & it is still active.

If you re-file - they will still have to track down your current file to get all your Service Records - (once a claim is opened - all your Service Records go to your RO & in your c-file)

(unless you happen to have a complete copy of all your SMC's ?) - otherwise, refilling would not do any good, and just add confusion. Just my opinion.

Edited October 21, 2007 by cloudcroft

[JENNABEAN]

I think you might even want to drop a dime with your local newspaper if things don't move to your satisfaction.

Haha, I had that same idea. I wrote them about two weeks ago. I haven't heard back from them, but I am going to write them again now that they told me they "lost" my file.

Cloudcroft: I'm sorry if I struck a nerve with you...kinda seems like I did. The ONLY reason I expected a 6-9 month wait for my claim to be processed is the fact that I was told by VA reps in Nebraska, Georgia, and Tennessee that 6-9 months is what I should expect. So I planned my life accordingly. But seeing as it has been the full 9 months and nothing has been done AT ALL, I am seriously concerned. Now after reading hundreds of the bulletins on this site, I am acutely aware of the time it takes the VA to do anything.

I also do not believe that I am the only vet having money troubles...I asked if anyone knew about assistance programs because I figured MANY of the veterans are in the same boat as me, and someone may know of a program that I am not aware of. My family is doing everything we possibly can to make it through our tough time. My husband is healthy, and he is workng 2 jobs to support my kids and I (and he JUST married me in June.....he is AMAZING for doing that!). I am making scrapbook pages, and selling them online, and trying any and everything to cut back and make ends meet. So I am not just some poor me case sitting on my butt all day doing nothing to help my situation. I simply wanted to know if anyone had the knowledge of some federal or state assistance programs for vets in financial trouble because of the VA taking so long.

My case HAS to be approved, I am not sure if I mentioned this in the first post, but I had a back surgery in 05 at the age of 22, the doc who did it had brain cancer and didn't know it...he died a couple of months after the spinal fusion. Well...I am not sure if that is the cause of this or not, but the bottom left screw in my spine is loose and crooked...and it is eroding away the bone in my spine. On top of that I have fibromyalgia, major depression, TMJ, ovarian cysts that burst and cause painful internal bleeding, and migraines that put me out of comission several times a month. ALL of it is documented in my medical records which I have TWO copies of. Anyway...I am sorry for rambling right now.

As for the rest of the repliers, THANK YOU for your kind words, and your advice. I do have proof that I filed, and the VA tells me that the date of file is 17 Jan...so proving my case is not a problem. Should I really NOT refile like the lady told me? She told me the Nashville VARO would the the claim done MUCH quicker that the Atlanta office which misplaced my file in the first place. And how do I get in contact with a Service Organization...I never heard of them until this site...what exactly do they do for me?

Thank you all again....your comments are MUCH appreciated!!! Just please be nice to me...I am having a hard enough time dealing with my emotions as it is..harsh words are not a help in my situation.

[Speaking Out]

Hang in there! You have gotten some good advice here. I would call the 800# and ask the questions Berta said to ask. Also, start keeping a log of what you are doing. Write down every phone call you make and who you speak to and what was said. This will help keep you organized. Also, does TN have Veteran's Service Officers? In Indiana every county has a SO that is paid by the state and their offices are in the county courthouse. Check on that and they may be able to direct you to some financial help. I know you have been told that your elected officials aren't much help and that can be true, but they are elected and things are hot for them right now and helping a Veteran is something they can use on the campaign trail. Or doing nothing can come back to bite them on that trail. Keep after your elected official. Make the staff inquire on your behalf. Have them run any inquiry they are going to send by you and make sure they give you dates of when they are to hear back on the inquiry. That way, you can keep on them to do their job. No, you shouldn't have to do that, but it is needed. Hang in there! Do you belong to a church? Even if you don't find a minister in your area that you can talk to. Don't worry about saying things that you think might offend them, they've heard much worse. This person is someone who will let you get your feelings out without making you feel bad about what you are feeling and you don't have to protect them from your feelings or fears the way we feel we have to protect our love ones from our feelings. This person will know your community also and might be able to help in other areas. Keep us posted here and we are here to help.