Deadlines

[free_spirit_etc]

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

[free_spirit_etc]

When I didn't get the copy of the C-file I requested last June by this May - I followed up and also asked for an extension of time to submit evidence - as the one year delay in getting the C-file affected my ability to submit evidence (especially an IMO).

I was sent the C-file immeditately - and they did say they had also mailed a copy in March (that I did not receive). It surprised me if they HAD mailed it in March, that they would mail it out AGAIN within a couple days of my asking.

I did get the C-file, but I kept asking AGAIN through IRIS for an extension of time to submit evidence, as again, it would be hard to meet the one year deadline (June 7 VCAA notice).

The IRIS reponse said they had printed out the email string and submitted it to claims - to check the regulation to see if I could be granted an extension.

I never heard from them. I also am STILL trying to get the second page to the medical opinion they used to deny the claim in November. (The first page says "Over" at the bottom - so I am assuming it is on the BACK of that page).

They asked me to send them a copy of what I DID have (as far as that medical report)to help them research what I am looking for.

On June 6 (one day before the June 7 deadline) I sent in some evidence, sent the copy of the medical report I am trying to get the rest of, and notified them that I had NOT heard a response to my request for an extension.

I also IRISed them and told them I had sent the evidence, etc - gave the certified mail receipt number, and again asked about the extension for an IMO. (and the REST of the medical report).

I received a response today:

"With regard to your request for copies of records, we must have this request over you written signature. You mentioned a request to have additional time to submit evidence. Please clarify what claim you are submitting evidence for. At this time, the only claim we have pending is your burial claim.

If you plan to file an appeal, your Notice of Disagreement must be received in our office within one year of the date of notification of the decision you are appealing. You don't have to submit all evidence at that time you submit your NOD, but you must submit the Notice of Disagreement."

So I have to SIGN ANOTHER request to get a copy of the SECOND page of the medical opinion that they have not even verified they have yet.

Also - they are saying I do not have a pending DIC claim. The only claim pending is the burial claim (which they have lost the form and I have to resubmit).

At this point they are telling me to submit an NOD on the DIC.

I filed May 2007. Received a denial November 2007.

But if they decide it before the one year I have to submit evidence is up, don't they have to readjudicate it if I submit evidence within that year?

If I sent evidence by certified mail June 6, 2008 in response to the June 7, 2007 VCAA letter - isn't that within the one year?

Does anyone know about any regulations about extending deadlines for submitting evidence if you are waiting on the medical records from the VA?

I guess I could just move into the next phase with an NOD - and get my statement of case. I think Chicago said it takes about a year to get an SOC after filing an NOD. So maybe I should start moving in that direction, rather than to ask for another original decision, based on new evidence being sent in one year.

But it seems like once you get an SOC, no one at the RO reads beyond that. So the inital SOC controls the Supplemental SOC (i.e. they are the same thing with a few extra lines).

I also don't want to get all the way to the BVA - and have them decide I didn't get my claim readjudicated though I submitted additional evidence within the one year, so I missed a step in the due process - and have them remand it to start ALL OVER - to grant me all the steps of the due process (and add about 5 years).

Any ideas?

Free

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

[jbasser]

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

Free, I hate this happened to you. I hate the time limits. J

folks, If you get a Denial letter, you should NOD it the day after you receive it.

When you get your election letter, Ask for a DRO and also send in a form 9. DRO is also an appeal process.

This actions get them to look at the claim again and I have seen corrected mistakes get awarded.

If you need a copy of the C FIle, have them make a copy and tell them (Politely) I will be over to pick it up on a certain date. Go to the RO and pick it up. It may be several miles but you must have the file.

Pete is dead on when he says you may be spinning your wheels if you dont have it.