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

[JENNABEAN]

Again, thank you ALL so much for your advice and comments. Here is the plan of action that has been taken:

After being in contact with the congressman, a Nashville RO supervisor, and an Atlanta RO congressional liason, I have resubmitted my claim. I am still in the one year time period from my DOS, so no matter what, I will be backpaid reflecting my January 16, 2007 date of seperation.

You see, there is NO telling how long it is going to take someone in Atlanta to find my file...or even IF they will find my file. So just waiting on that to happen is a waste of time and money. By resubmitting my claim, I have ensured that the local Nashville RO has my paperwork...(i submitted it through VONAPP and have a confirmation page that states Nashville recieved it at a certain date and time.) Now, if I have a concern with my claim, I can just go the 9 miles to the VARO and talk to them in person. And, I have an appointment with a VSO to keep tabs on the claim :o

Now what is SUPPOSED to happen is that this claim will be backdated to the original date of claim. So, my file SHOULD be completed in a timely manner due to the fact that the Nashville supervisor says a claim submitted in January is "old." But in the event that my claim is not backdated to the original date of claim, I will still be granted backpay to my date of seperation due to the fact that I have been out of the Air Force for only 10 months.

So, ladies and gentlemen, please keep me in your prayers that this goes smoothy...(well, this AND the back surgery I am having on the 5th of Nov). Hopefully I will have good news to post sooner rather than later. And again, thank you all so much for your support and advice.

[Josephine]

Again, thank you ALL so much for your advice and comments. Here is the plan of action that has been taken:

After being in contact with the congressman, a Nashville RO supervisor, and an Atlanta RO congressional liason, I have resubmitted my claim. I am still in the one year time period from my DOS, so no matter what, I will be backpaid reflecting my January 16, 2007 date of seperation.

You see, there is NO telling how long it is going to take someone in Atlanta to find my file...or even IF they will find my file. So just waiting on that to happen is a waste of time and money. By resubmitting my claim, I have ensured that the local Nashville RO has my paperwork...(i submitted it through VONAPP and have a confirmation page that states Nashville recieved it at a certain date and time.) Now, if I have a concern with my claim, I can just go the 9 miles to the VARO and talk to them in person. And, I have an appointment with a VSO to keep tabs on the claim :o

Now what is SUPPOSED to happen is that this claim will be backdated to the original date of claim. So, my file SHOULD be completed in a timely manner due to the fact that the Nashville supervisor says a claim submitted in January is "old." But in the event that my claim is not backdated to the original date of claim, I will still be granted backpay to my date of seperation due to the fact that I have been out of the Air Force for only 10 months.

So, ladies and gentlemen, please keep me in your prayers that this goes smoothy...(well, this AND the back surgery I am having on the 5th of Nov). Hopefully I will have good news to post sooner rather than later. And again, thank you all so much for your support and advice.

JENNABEAN,

I am so happy that you have made this decision and my prayers you have for a safe and successful surgery and a very speedy decision.

Always,

Josephine

[Pete53]

Actually what is supposed to happen is if you file withing the first year it should be backdated to the date you separated.

Good Luck

[10thFO]

Jenna good move.

My VARO is only 35 minutes away from me, and I have to drive past it on the way to and from the VA hospital anyway. I made it a point to stop in a least once a month and check up on the status of my claim. Harder for them to screw with you when they put a face with the claim they are looking at. Everytimne I went in, the guys would read my file and the stressor behind my PTSD. It never failed, I got much respect from the rep, and they all shook my hand and wished me luck.

I'm glad that you filed early, as I filed about 8 months after I got out, and didn't even realize that they would backpay me to the day of seperation. Most Vets dont know to do that if they have any claims. Sure they might go and see the hospital to get your treatment, but they never advise you to file a claim with the RO.

Congratulations, and I think you will be much more at ease with this situation. It will still frustrate the hell out of you in the next 3-9 months, but it will be backdated to the day after your seperation. That they will do.

Good luck on your surgery mine is on Monday.

[JENNABEAN]

Yay!!!! I just got off the phone with the Nashville VARO and they told me that the Atlanta VARO has FINALLY put in a duty to assist and is scheduling me for an appointment at the Nashville VAMC!

They gave me the number to call the VAMC and see if my appointment had been scheduled, so as soon as I got off the phone with the VARO, I called the VAMC. Well Ms. Oh So Rude Carlene told me that they can't even schedule me for a C&P exam until I drive down to the business office of the hospital and fill out the paperwork. Is this what all of you have had to do? I can't imagine people who live an hour away from the Hospital having to drive there to fill out paperwork, and then drive back again to have the appointment...there has to be a better way.

Anyhow I know that all claims are not the same, but how long has it taken yall to get a rating after you finally got a C&P exam? I just wanna have somewhat of an expectation.

Thanks!

Jenna :)

[luvHIM]

Hi Jenna, quick question. Is the "paperwork" 'ms. oh so rude, carlene' referring to the VAMC enrollment which is handled by the Eligibility and Enrollment office? If so, you can call them and they can mail out the forms to you and you can mail them back.