Bva's Mail Debacle

[rthomass]

Well I have seen a lot since January 2005, but never thought I would have the problem of convincing the Board of Veteran Appeals that I never received a mailed copy of their decision. Have repeatedly informed BVA of non receipt on at least four occasions. They assured me that they sent it to my Post Office Box...even read the correct number back to me, correct city, state, and zip code...of course the BVA cannot prove they sent it and for that matter they cannot confirm I received the decision ( which I did not). It will be 17 days from June 18, 2008 to Saturday Joly 5, 2008. Sent the decison via regular first class mail.

They did agree to send a second copy on June 29, 2008. To date second copy has not been received (and the first copy must be lost, stolen, destroyed or heavens, perhaps they never sent it? Tell me it ain't so oh great Secretay of the Department Of Veterans' Affairs....General Peake.

I have invoked great guns to blast them from their reticent actions to include invoking the rath of God, little Ole Me, My Counsel, and even my Congressman.....The mighty winds of the VA blew us all off. Then again who do I think I am >>>>after all they failded even to yet respond to a United States Congressman!

[yoggie2]

rthomass, I wonder this question too, do they send these particular decisions certified or FedEx? And as far as the Congressman, Senator, or Rep. just useless. I even had one congressman deliver paper work. Just to have the VA butter coat it and sent they exact reply. The VA stated it as if we are on it we just awarded Mr.XXX 40% his disabilities when in fact I had been 40% for the same injury for 13y. The VA are sharp, buddy they make you look like a cry baby just ever thing is so simple and its a misunderstanding on my part. made me just look like an a-hole the way the VA crafts them letters back to the bureaucrats....Then they write you then get that reply, blah, blah, blah. Just an empty letter other than having them request a copy of my c-file. Other than that they have no influences what so ever over your claim..

[jbasser]

Rob, Who are you using as a Veterans Rep? They may have it. If they did more for Vets instead of going convention hopping it would work out better.

[Ricky]

rthomass, I wonder this question too, do they send these particular decisions certified or FedEx? And as far as the Congressman, Senator, or Rep. just useless. I even had one congressman deliver paper work. Just to have the VA butter coat it and sent they exact reply. The VA stated it as if we are on it we just awarded Mr.XXX 40% his disabilities when in fact I had been 40% for the same injury for 13y. The VA are sharp, buddy they make you look like a cry baby just ever thing is so simple and its a misunderstanding on my part. made me just look like an a-hole the way the VA crafts them letters back to the bureaucrats....Then they write you then get that reply, blah, blah, blah. Just an empty letter other than having them request a copy of my c-file. Other than that they have no influences what so ever over your claim..

Yoggie - the VA just does not like you!!! hahahahahhahahah

Ron - maybe instead of a jackass they used a chicken and somewhere along your mail route there was a very hungry dog who ate the chicken!!!!! Then he had the mail for desert!!!!!!hahahahahaha

Edited July 7, 2008 by Ricky (see edit history)

[rthomass]

Well Ricky if the Dog ate the chicken and had the letter for desert he well have some feathers to show for it.

Seriously in accordance with 38 USC Sec. 7104 © (2) (e) "(1) After reaching a decision on a case, the Board shall promply mail a copy of its written decision to the claimant at the last know address of the claimant.

(2) If the claimant has an authorized representative , the Board Shall....

(A) mail a copy of its written decision to the authorizes representative; or

( send a copy of its written decision to the the authorized representative by any means reasonably likely to provide the authorized representative with a copy of the decision within the same time a copy would be expected to reach the authorized representative if sent by first class mail.

Neither I or my counsel have received a copy of stated decision. Decision was alledgedly mailed June 18. 2008. Well as I said the one way to tell if you have roaches is turn on the kitchen light.....so I going to take my trusty picket sign to the Ole Regional Office today and turn the lights on!

Edited July 7, 2008 by rthomass (see edit history)

[Pete53]

Good Luck!!!

[gdsnide]

Rob,

What finally worked for me after 9 years is I got smart & got a Lawyer.

Some Vets don't like Lawyers as they get 20% of back pay.

But, isn't 80% of back pay & a check each month worth 20 %?

GARY

[john999]

When they make a gross mistake there is no way to just call someone and fix it. It takes months and years.

[carlie]

They pretty much refuse to admit a mistake.

This is one of my biggest beef's with VA.

They paid me to shut up about something that happened

to me at a VA Hospital, but do you think anytime during my

5 years of fighting anyone at VA said,

we are sorry this happened to you ---- HELL NO.

Just here's a few bucks now go away and shut up.

I will never be made whole.

carlie

[rthomass]

Fellow Vets I made my trip to the Regional Office today as I said I would. I set up my red camping chair, attached my picket sign to a neatby lamp post, opened my umbrella as it was raining. I sat there for about an hour before some one came out of the RO and approcached me.....It was the Dirctor of the Regional Office himself! I proceeded to tell him of my difficulty obtaining the decision that I was informed by BVA personnel was mailed to me on 18 and 30 June 2008. I gave him a copy of a FAX that I had sent to the BVA, my Counsel, my Congressman and of course to the RO specifically to his attention. I informed him that inaccordance with United States Code ....7104 that the BVA is bound by law to give me a copy of the decision as well as my Counsel. He stated he would definitely check into the problem. Talked with on of my lawyers who stated that they had talked with the BVA and they said no decision had been made.. guess it is my word against theirs....I am getting smarter. I am putting evertything in writing starting with the FAX. Apparently my lawyer feels that I might upset the BVA! I then stated I will remin pro-active and push VA as hard as I can! They can either get onboard or get offf at the nearest stop. You cannot treat the VA with kid gloves. This a knock down no holds barred street fight!

Oh by the way the name is Randall not Rob.

[rentalguy1]

Randall...if a decision has not been made, then you are shooting yourself in the foot. You cannot treat them with kid gloves, but you MUST treat them with tact. I do admire your cahones grande, though. You need to get those bad boys bronzed and hang 'em on the wall when you win this.

[MRRRR5]

Ladies and Gentlemen,

LET'S GET READY TO RUMBLE!!

The no holds barred fight between Randall and the VA!!!

[jbasser]

Randall was it Fairchild?.

They hate to see a picket for someone usually calls the news then they get involved and the longer it goes on the less chance the VA has to control you and the situation.

Good Luck and keep the pressure on. Dont even blink.

I wish I could join you.

J

[firedawgs]

Sounds like the common "he said, she said" debate.

[rthomass]

Well guys i have been in this match with the Veterans Administration for almost four years and I am certainly not about to shoot myself in the foot! The FAX that I sent to the BVA was truthful, respectful, and only reiterated what I had been told by BVA employees. Perhaps if we all stopped quaking in our boots we might just get VA off their ass and on their feet. I hope you all are not intimdated and just stand on the sidelines and watch them wait for the Blue Water and Thailand Vetrans die. Treat them with respect but be willing to take chances not only for yourself but for your fellow Veterans. If all else fails there is always the CAVC. Been there, done that, got a T shirt........Just my views...nothing personal.

Edited July 8, 2008 by rthomass (see edit history)

[rthomass]

jbassser thank you for your support! When the Government changes your whole life by poisioning you and then tells you that you can't be exposed to AO after all it was never used outside of Vietnam. That I can't even feel the VA truly believes. Yes it was Mr. Mike Fairchild the Director of the VARO. Seemed to be open and concerned......I was respectful, but I can assure all that I gor my views across..and no I was very concise and non-adversarial. You don't have to cower when you have served your country by offering up your life.

Edited July 8, 2008 by rthomass (see edit history)

[halos2]

Did they leave something in that that they shouldn't have in surg?

You should have gotten 100% if they screwed up!

How did they "pay you for silence?"

They pretty much refuse to admit a mistake.

This is one of my biggest beef's with VA.

They paid me to shut up about something that happened

to me at a VA Hospital, but do you think anytime during my

5 years of fighting anyone at VA said,

we are sorry this happened to you ---- HELL NO.

Just here's a few bucks now go away and shut up.

I will never be made whole.

carlie

[rthomass]

Glad to see you post Halos2 but I like my thread......Hope you understand.

Edited July 8, 2008 by rthomass (see edit history)

[halos2]

Totally Randall...Have a good one dude.

Glad to see you post Halos2 but I like my thread......Hope you understand.

[Tbird]

They pretty much refuse to admit a mistake.

This is one of my biggest beef's with VA.

They paid me to shut up about something that happened

to me at a VA Hospital, but do you think anytime during my

5 years of fighting anyone at VA said,

we are sorry this happened to you ---- HELL NO.

Just here's a few bucks now go away and shut up.

I will never be made whole.

carlie

after years of being in the system, i came to accept that the va would never give me validation only compensation, so i get the validation at the therapists office and compensation from the va. it is what it is, it sucks.

[Berta]

rthomass- have you contacted the BVA ombudsman with email via the VA web site to see where the decision is?

http://www.va.gov/vbs/bva/contactbva.htm

email contact at bottom of this page

2 years ago I got two manila envelopes from the BVA with my name on them.

It didnt make sense although I do have something at the BVA that I used regarding my present claim.

I opened them- only to find these were BVA decisions for Veterans-one got 100% and one was denied.

The Dav was glad I called them and I mailed their decision to the DAV rep.(I could tell which office due to the ROs in each case)

The AL on the other decision didnt seem too concerned at all but I mailed that decision to them-

This bothered me a lot that this type of error could occur.

My stuff at the BVA has been over for many years-I still wonder why they sent this stuff to me.