Bad Karma

[Ron II]

Hello,

Here's an unusal situation.

1. Filed for NOD 11 Sep 07

2. Had IME 26 Jan 08

3. Mailed new evidence to VARO 1 Feb 08

4. Sent copy of new evidence letter (IME not included) to VARO via IRIS 2 Feb 08

5. Rec'vd ltr from DAV stating NOD denied (ltr dated 1 Feb 08, rec'vd 5 Feb08)

6. Rec'vd telephone message from VARO 5 Feb 08 stating my 2 Feb 08 IRIS message with letter

had been rec'vd and would be placed in my NOD file pending the filing of the actual letter/document

(I have to assume that the IRIS responder doesn't know that the claim is denied).

Summary: DRO made decision in less than five months; my evidence did not make it in time;

I will now submit a request for a reevaluation based on a condition that has worsened. Nothing from VA has been received. Bad Karma...

P.S. I included a statement in my NOD letter of September 2007 that if my claim was denied, I requested a reevaluation. Would this have a bearing on anything positive?

Cheers!

Ron

Edited February 6, 2008 by Manitou Sprgs

[Berta]

"P.S. I included a statement in my NOD letter of September 2007 that if my claim was denied, I requested a reevaluation. Would this have a bearing on anything positive?"

A reconsideration request would have been better-not too late to ask and submit the IMO-

man that was a fast denial---

Veteran- did you receive a VCAA letter telling you specifically what evidence they needed and did you get a response election form where you checked off Box one or Box two and sent it back to them?

It looks to me like you have not even recived a SOC yet -a formal denial-have you?

Someone posted"When it gets to the BVA and the BVA realizes they have not considered the IMO, then they will remand it back."

I agree but I sure do not think this vet should be forced to wait for over a year more just to have his claim remanded-

I realised long after this happened that when I obtained an IMO and immediately called my vet rep he was supposed to let the rep in the VARO building know this right away-

the idiot didnt do that-told me he didnt even need a copy and therefore no 21-4138 was prepared for the IMO

and the other rep sppears to have gotten it from my c file the day of a DRO conference, never gave it to the DRO and it disappeared completely.

Make sure the Rep you have is fully aware of that IMO-

if you get the SOC ( I wonder if the DAV info is correct-they dont deny a NOD, they can deny a claim and I assume the NOD was filed in time)

you can respond to the SOC with another copy of the IMO just in case they lost the first copy-

The DAV (my 1990s POA)never sent me anything like that and my older claims were denied many times before I won.

[Ron II]

Good Luck Ron!

On a separate note,

I check these forums everyday. I find it very informative and connects our struggles together against the VA.

At times, it can be at times overwhelming when I read nothing but bad experiences that we are all going thru with our claims.

When is the day that this website will go away someday because the VA will get its act straight and become a fine tuned machine?

( I feel like complaining today )

Hello iraqx2,

Thank you for your service. I also want to thank you for your comments. I think this is another case of me having no one to blame but myself (for not requesting a hearing). The late submittal of my new evidence was out of my control (predicated on the hospital results) and I've learned that The DRO review actually occured on the 30th of January which is two days prior to my mailing of my new evidence. So...the VA did its job quicker than I anticipated. I've learned some additional details which I posted in an addendum to my first message.

With regard to, "When is the day that this website will go away someday because the VA will get its act straight and become a fine tuned machine?"--probably not in my lifetime; I'm 62, maybe in yours.

Thank you,

Ron

Vietnam x1

Edited February 6, 2008 by Manitou Sprgs

[Ron II]

Hello,

Thank you for your comments. My replies are shown below:

...A reconsideration request would have been better-not too late to ask and submit the IMO-

man that was a fast denial--- ANSWER: will do

Veteran- did you receive a VCAA letter telling you specifically what evidence they needed and did you get a response election form where you checked off Box one or Box two and sent it back to them? ANSWER: I never received a VCAA letter and/or an election form--they just used my NOD letter which I inclued my DRO review election.

It looks to me like you have not even recived a SOC yet -a formal denial-have you?

ANSWER: No

I agree but I sure do not think this vet should be forced to wait for over a year more just to have his claim remanded-ANSWER: As the vet in question, I couldn't agree more...

Make sure the Rep you have is fully aware of that IMO-ANSWER: I talked with him this morning.

if you get the SOC ( I wonder if the DAV info is correct-they dont deny a NOD, they can deny a claim and I assume the NOD was filed in time)

you can respond to the SOC with another copy of the IMO just in case they lost the first copy-

ANSWER: The DAV stated, "This [expected ltr from VA] documents the evidence considered in your case and the reasons for the denial of benefits." Note: I think I will send another copy of the IMO with the reply to the SOC.

Ron

[stillhere]

Ron,

That is a strange set of conditions,in my case once when I put in for an increase for my heart condition they denied it in Dec. but I had a heart attack in Oct. The info I sent had not got there in time. So I had to ask for a DRO review and sent in the new information and I was granted a full award in I think like 4 months. I never received a soc either but maybe you don't get those unless you file a NOD// Hmmm

Hopes this helps some.

stillhere

Edited February 6, 2008 by stillhere

[Ron II]

Ron,

That is a strange set of conditions,in my case once when I put in for an increase for my heart condition they denied it in Dec. but I had a heart attack in Oct. The info I sent had not got there in time. So I had to ask for a DRO review and sent in the new information and I was granted a full award in I think like 4 months. I never received a soc either but maybe you don't get those unless you file a NOD// Hmmm

Hopes this helps some.

stillhere

Stillhere,

Thank you for that information. I think you are correct about the soc associated with the NOD.

I'll probably receive the soc later this week.

I suspect the best thing that came out of this "event" is that I better understand the frustrations

of many of the members of Hadit, although my case certainly doesn't involve the years many have waited. Additionally, I am just a victim of circumstances, not ineptitude--except my own for not requesting a hearing in conjunction with the DRO review.

Cheers!

Ron

I just received the following via IRIS:

Is my NOD still being considered since I have sent new evidence?

Summary: 1. ... Discussion Thread Response (Department of Veterans Affairs) 02/06/2008 12:05 PM

Mr. [my last name],

Your file is currently being reviewed for quailty and all paperwork will be associated with and reviewed by the appeals team once said file returns to that division. You should be advised of out come at that time.

Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message. If at some future time we can hwlp you on a different subject, you may submit a new inquiry at https://iris.va.gov, call us toll free at 1-800-827-1000, or visit our web site at www.va.gov.

Thank You,

[name], VSR

This reply was generated less than 12 hrs about I sent my IRIS message. Ron

Edited February 6, 2008 by Manitou Sprgs

[Pete53]

Ron don't feel to bad all the DRO could really rule on was the stuff that the RO made their decision on at least that is my impression. I am pretty sure I will get straightened out if I am wrong.