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Deadlines

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free_spirit_etc

Question

Does anyone know when you have a deadline to submit evidence (i.e. one year) and have your claim readjudicated - do they go by the postmark date or the date received?

I am up against the wire on mine - but have been WAITING - for THEM - to SEND ME - HIS DOCTOR REPORTS and Discharge Physical.

Amazing - the TWO most important pieces of information are the dishcarge physical (which amazingly disappeared after he filed a claim for a post service diagnosis condtion) and the doctor opinion they received to use to deny the claim.

NO discharge physical - doesn't exist - they aren't going to look for it.

And received FIRST page of an UNDATED medical opinon - scribbled real quick on a Report of Contact FOrm - but says (over) at the bottom with no second page - and no signature.

I asked for the rest of it - they said to send in what I have so they will know what to look for.

BUT I asked for an extension of time - under the basis that as I just got a copy of SOME of the medical records needed to get the IMO a couple weeks before my deadline - then I needed MORE TIME.

the IRIS kept responding to everything BUT the fact that I asked for an extension. Last I heard - they sent the string of emails on to someone else to check the regulations to DECIDE if they COULD give me MORE time - seeing as they took a YEAR to get the information to me and all.

Of course, I won't hear if I DID get an extension until WELL PAST the deadline.

So my idea is to just send what I have - let them readjudicate it. It will be another denial.

And then get my IMO - and ask to have it readjudicated AGAIN - and remind them that I had asked for an extension.

ANd if they deny it AGAIN - just wait for my hearing.

Or I can send what I have - let them deny me again - file the NOD - and go straight to the BVA.

Or I could work with just accepting their initial decision as their decision - NOD it - not bother to ask for the readjudication - at the one year point - and go for the BVA.

BUT - if I do send evidence in - do they go by the postmark date or by the received date?

Free

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  • HadIt.com Elder

Free,

Do you live close to your local R. O?

If so I would hand deliver all

of my evidence and make sure each paper is date stamped.

Don't let the year run out, for to my knowledge, the way that

my claim was handled, you can still turn in more evidence, but you

have to make sure you don't run out of time.

This is the way I did things.

Always,

Betty

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Nope - but I live close to A regional Office - Just not MINE...

So I will take SOME stuff over there tomorrow - and get it in ON TIME.. then keep submitting...

Though I THINK the sooner I get to the BVA the BETTER -

I think all submitting more stuff to the RO does is shows your hand so they can come up with opposing evidence -

I would rather just let them play their game - get through that part - get on the waiting list for the BVA - and start submitting stuff to them - and waive my review by the RO on it..

It seems like the RO won't give you a decent doctor opinion - and if you give them YOURS - then they just find another one of THEIRs to refute it.

Might be better to just take my denial as quickly as possible - and start working on getting before the BVA

Free

Free,

Do you live close to your local R. O?

If so I would hand deliver all

of my evidence and make sure each paper is date stamped.

Don't let the year run out, for to my knowledge, the way that

my claim was handled, you can still turn in more evidence, but you

have to make sure you don't run out of time.

This is the way I did things.

Always,

Betty

Think Outside the Box!
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Hey! If I TAKE it - do I take TWO copies and get MINE stamped? Or do I take ONE copy - and make THEM make ME a copy?

Free

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  • HadIt.com Elder

Take two copies and have the VA stamp the one you retain. This insures that you have a stamped copy before you lose sight of the original you gave to the VA.

I believe that they will normally make a copy for you. However, things can go wrong.

In years gone by, the copy might fade to unreadability, not usually a problem these days. If a Laser copier has a malfunctioning fuser, the copy will be poor, and the toner will brush off the copy. I had this happen once in several years at my local VA clinic.

Hey! If I TAKE it - do I take TWO copies and get MINE stamped? Or do I take ONE copy - and make THEM make ME a copy?

Free

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Thanks folks! I ended up mailing it certified today. I like the getting EVERY page date stamped part - but didn't get over there. I WILL make sure I get REALLY important things date stamped ALWAYS!! With the go-round with Social Security - the Requests for Hearings that I have date stamped PROVE I turned them in on time, though they disappeared - I still had my date stamped copy.

I use certified mail for evidence with SSA now - and put the certified mail receipt number on every page, keep my post office receipt with the weight of the package listed on it - and have a cover letter that lists all the evidence at once... But still - for something dreadfully important, with a deadline and all - I am still hestitant to use certified mail - even that they sign for, because it still doesn't prove exactly what you sent. You can prove you sent something,and a reasonable doubt would say that you sent what you said you sent - but still nervous that if push came to shove, I would have wished I got it date stamped...

But for the evidence I sent today - I just sent it certified, with a cover letter - and cover letters for each part - and will send an IRIS and let them know I sent it - roughly what I sent - and the certified mail receipt number.

Free

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