Help On Timeframe

[hayley3]

Last year I received a notice from the VA on Aug 14, 2006 that said I filed a notice of disagreement with the BVA. It said I had 60 days to file the appeal but I didn't get it til that time had passed and I really had a lot of health issues, like memory loss and what not.

It also said I had a year to submit additional evidence in support of my claim. I did submit some evidence and I barely got it in but I got it in on Aug 14, 2007 and that is what they are now saying is when my claim starts.

I just received a notice that my claim expired 3 years ago and it is now valid as of Aug 14, 2007 and not when I started it in 2003.

I am not well. I have thyroid trouble and memory loss. How could it have expired 3 yrs ago when I just got a letter dated 2006? I filed the claim, they denied it in 2004, but I sent in a notice of disagreement and they said it would go to the BVA. Can they go back to the original date like that?

Please help!

Susie

[hayley3]

Last year I received a notice from the VA on Aug 14, 2006 that said I filed a notice of disagreement with the BVA. It said I had 60 days to file the appeal but I didn't get it til that time had passed and I really had a lot of health issues, like memory loss and what not.

It also said I had a year to submit additional evidence in support of my claim. I did submit some evidence and I barely got it in but I got it in on Aug 14, 2007 and that is what they are now saying is when my claim starts.

I just received a notice that my claim expired 3 years ago and it is now valid as of Aug 14, 2007 and not when I started it in 2003.

I am not well. I have thyroid trouble and memory loss. How could it have expired 3 yrs ago when I just got a letter dated 2006? I filed the claim, they denied it in 2004, (I think, because I don't have that VA letter) but I sent in a notice of disagreement and they said it would go to the BVA. This new letter says my original claim was closed in 2004. Can they go back to the original date like that, even though I have continued to file NOD's? This seems wrong to me.

Please help!

Susie

[sixthscents]

hayley3,

In your circumstance, since you are not sure really what and when things happened. I would first request your c-file. Now it may cause you to miss a claim date... so keep an eye on your current limitations, and submittal dates. Dont miss those waiting for the c-file, but it will give you a much clearer picture of what happened, and when and give you copies (hopefully) of the documentation you are missing.

Like I said, dont just wait for the c-file to pursue your claim. Go to it now, and then you may or may not be able to use the paperwork in the c-file to support an earlier claim date... I will say that I have never seen the VA change a date based upon the vets inability to file their paperwork due to illness... maybe they do, I just have not seen it, so personally (and this is solely MY opinion... you might have a difficult time if that is your only argument)

In any case get the c-file and pursue your current claim now.

Edited November 30, 2007 by sixthscents

[hayley3]

In the last letter dated Aug 14, 2006 there is an evidence section and in that it says:

Your statement received 08-07-03

Rating decision dated 03-04-04

Notice of disagreement 07-23-04

Appeal election letter sent 09-20-04 (This was just to choose to go fast appeal)

Your statement received on 3-20-05

Appeal letter sent to me 8-14-06

VCAA Notice response indicating you have no other information on 4-14-06

The last letter dated 8-14-2006 says I have a year to submit new evidence.

This new letter I got today says my case was closed in 2004, then why did I have a year to submit evidence if it was already closed?

I'm sorry I was not clear before. I hope this is better.

hayley3,

In your circumstance, since you are not sure really what and when things happened. I would first request your c-file. Now it may cause you to miss a claim date... so keep an eye on your current limitations, and submittal dates. Dont miss those waiting for the c-file, but it will give you a much clearer picture of what happened, and when and give you copies (hopefully) of the documentation you are missing.

Like I said, dont just wait for the c-file to pursue your claim. Go to it now, and then you may or may not be able to use the paperwork in the c-file to support an earlier claim date... I will say that I have never seen the VA change a date based upon the vets inability to file their paperwork due to illness... maybe they do, I just have not seen it, so personally (and this is solely MY opinion... you might have a difficult time if that is your only argument)

In any case get the c-file and pursue your current claim now.

[sixthscents]

Well here's the break.....

Your statement received on 3-20-05

Appeal letter sent to me 8-14-06

It went over a year obviously so the claim died. Though why A. The VA allowed it to do so is a mystery (need c-file to see what they were doing) and B. Why you didn't scream bloody murder after 180 days I dont know.

Then they obviously chose to select this as your new claim date... and re-opened the claim with that new date.

Appeal letter sent to me 8-14-06

So, continue working the claim, and try to get rated for compensation... once you have get the c-file (again ask for it at the same time), and see why they closed the claim, and how you might go about arguing an earlier claim date. Without the c-file you are just done because the 1 year expired and you sent them nothing, and for some reason they decided that constituted grounds for dismissal.

[Berta]

"I filed the claim, they denied it in 2004, but I sent in a notice of disagreement and they said it would go to the BVA. Can they go back to the original date like that"

Did you fill out and return the I-9 BVA appeal form?

"Last year I received a notice from the VA on Aug 14, 2006 that said I filed a notice of disagreement with the BVA"

why did you file the NOD with the BVA and not the RO?

It does seem like something is wrong here and the C file might show what is what- did you have a vet rep during this process?

Edited November 30, 2007 by Berta

[hayley3]

Berta, maybe I'm not explaining this right. Or maybe I'm more brain dead than I thought.

I did file the NOD with the RO.

They didn't respond to the statement that I sent until 8-14-06. I sent them several letters between 3-20-05 and 8-14-06 asking about my claim, and then finally I got the appeal letter dated in 8-14-06. I also responded to the letter dated 8-14-06 which is why I don't know why they said my claim was closed in 04.

I was told although I missed the deadline for the appeal, I could still send in new information to keep the claim opened. And that's what I did, but then I got this letter. That's why I don't understand why they say the claim was closed in 04 when they sent me an appeal letter in 06.

Thanks,

Susie

Well here's the break.....

Your statement received on 3-20-05

Appeal letter sent to me 8-14-06

It went over a year obviously so the claim died. Though why A. The VA allowed it to do so is a mystery (need c-file to see what they were doing) and B. Why you didn't scream bloody murder after 180 days I dont know.

Then they obviously chose to select this as your new claim date... and re-opened the claim with that new date.

Appeal letter sent to me 8-14-06

So, continue working the claim, and try to get rated for compensation... once you have get the c-file (again ask for it at the same time), and see why they closed the claim, and how you might go about arguing an earlier claim date. Without the c-file you are just done because the 1 year expired and you sent them nothing, and for some reason they decided that constituted grounds for dismissal.