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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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free_spirit_etc

Va Told Me To Not Use Certified Mail ! ?

Question

I received my VCAA notice in June 2007. I kept asking for an extension of time to submit evidence, due to the VA NOT sending me a copy of my husband's C-file until right BEFORE that deadline - though I had requested it in June 2007.

I never heard one way or another on the extension - though I asked several times. So I DID submit the addtional evidence I HAD by CERTIFIED mail - BEFORE the deadline.

I also sent an IRIS that informed them of the certified mail being sent - and outlined what evidence I submitted - PLUS I informed them I sent them a copy (as they requested) of the Doctor Report - of which I only had the front page - and I was requesting the back page - as this is the medical report that was used to deny my claim.

We had a few more IRIS back and forth about that - They asked for the DATE of the medical report, I told them - the copy I SENT you didn't HAVE a date - THAT is one of the problems - there is NO date OR signature on the PART of the report I had.

I also informed them I had not received any decision on my request for extension - and that I had sent evidence by the one year deadline - but still wanted an extension for an IMO - AFTER the send me the rest of the doctor report.

They told me I had no active claims except for the burial claim. I have a few IRIS back and forth asking about THAT - and letting them know I had sent the evidence within one year - and I thought it would be readjudicated.

They just kept telling me that I had one year to file an NOD - but NEVER mentioned they did NOT receive the evidence I refered to (BY CERTIFIED MAIL RECEIPT NUMBER) in my IRIS.

And we played around with the getting the rest of the doctor report - again, with several IRIS about the CERTIFIED MAIL RECEIPT NUMBER. They finally said they had forwarded it to the Privacy Officer to get my a copy.

Still - No copy.

I followed up with an IRIS.

Was told they did NOT receive the copy I said I sent.

No one MENTIONED that in all the IRIS a couple months ago - when we were discussing the certified mail package I sent.

And they STILL keep telling me I have to file an NOD - and fail to acknowledge my requests to have my claim readjudicated as I sent additional evidence within one year.

SO when they said they didn't have the copy of the partial doctor report I sent - so they could find the rest of the report - I asked point blank - Do you have the OTHER evidence I sent in the SAME package. I even copied and pasted some of the previous IRIS where I had informed them that I sent the stuff - and the receipt number.

Got my response today.

"We carefully reviewed your file and we have no record of the information you submitted on 6-09-08. If you have additional information to submit, please resubmit by regular mail. It is not necessary to send it certified mail, sending certified mail does not offer any real advantage.

If you wish to appeal our decision, you have one year from the date of our notification letter to submit your Notice of Disagreement and initiate the appeals process. Submitting additional information will not start an appeal and we have not received the information you sent."

WHAT???

They are saying they do NOT have the evidence I sent by CERTIFIED mail - but now want me to resubmit it by REGULAR mail as "sending certified mail does not offer any real advantage."

What is that?

I am concerned because I sent evidence in regard to my son's disability / dependency in that packet. Now they will say they did not receive it within a year.

What is this stuff about sending it by certified mail offering no advantage?

They have lost my husband's dscharge physical. They have lost my burial claim. They have lost my father-in-law's burial claim. They have lost all the evidence I sent in June 2008 - and the copy of the parital doctor's report - and they are telling me to send things by REGULAR mail????

I am hoping that my certified mail receipt AND all the IRIS that I told them what I sent - gave them the receipt number - and they never mentioned they didn't get it until now - will help establish I DID send it.

And should they be advising vets/ dependents to NOT use certified mail (especially when they lose the certified stuff)?

Free

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The reason you send it return receipt.....is the person at the va who picks up the mail, has to sign for it.....

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Men and women this is the second widow today at hadit showing us how the VA treats us surviving spouses-and it is despicable that your spouses might have to go through this someday-

I suggest Free- Number one-you MUST prove to them that they got the NOD on time (within one year of the denial decision date) they are VERY rigid on that.

And Number #2 time to get Tough!

WHat VARO is this- I might have the Director's phone and fax machine number-

This is BS- we all HAVE to send everything certified or Priority with tracking slip to VA to prove they got what they usually say they lost.

SOs and reps get paid pretty good wages and they are the ones we have to start putting the onus on to square situations like this away-

if a widow feels that their rep is not being attentive to their needs on the POA, they might have to start suggesting discrimination due to gender-or whatever it takes-

but then again - the main problem here can and should be handled by the RO-at their highest level since no one else seems to be handling this right-

let me know the RO and I will see if I have directors number and fax number-

I did this for a local vet-and when the director got his faxes his claim started moving faster.

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Free,

Did you go online and track the certified mail # to see who signed for the package you sent at their end? If not, do that ASAP.....this will prove that they rcvd it.

And don't listen to them....continue to use the certified mail. They don't like it because it forces their hand....it makes them responsible and if its one thing the VAROs hate to be; it's responsible!

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The VA and certified mail--

All the signature means, according to the VA, is that they received "something from the sender". This means that they can (and do) claim that they did not receive critical evidence. It's also not uncommon to have the VA mention the evidence they "did not receive" when part of it is used in the denial process.

I've got a good one for you.

A VA letter notice was received some thime ago that contains a "standard" clause reminding the veteran of his or her duties to supply information relivent to the claim, and to insure that the information is correct.

In order to do this, the veteran must at least view the "C" file, in order to determine that the VA has the evidence that is appropriate. A reply letter from me cited this requirement, as stated in the VA letter, and asked for an appointment to review the "C" file at VARO. This letter was sent quite some time ago, and a reply has yet to be received. Indeed, the VA has since denied two claims that are covered by this letter. Which I promptly NOD'd.

I received my VCAA notice in June 2007. I kept asking for an extension of time to submit evidence, due to the VA NOT sending me a copy of my husband's C-file until right BEFORE that deadline - though I had requested it in June 2007.

I never heard one way or another on the extension - though I asked several times. So I DID submit the addtional evidence I HAD by CERTIFIED mail - BEFORE the deadline.

I also sent an IRIS that informed them of the certified mail being sent - and outlined what evidence I submitted - PLUS I informed them I sent them a copy (as they requested) of the Doctor Report - of which I only had the front page - and I was requesting the back page - as this is the medical report that was used to deny my claim.

We had a few more IRIS back and forth about that - They asked for the DATE of the medical report, I told them - the copy I SENT you didn't HAVE a date - THAT is one of the problems - there is NO date OR signature on the PART of the report I had.

I also informed them I had not received any decision on my request for extension - and that I had sent evidence by the one year deadline - but still wanted an extension for an IMO - AFTER the send me the rest of the doctor report.

They told me I had no active claims except for the burial claim. I have a few IRIS back and forth asking about THAT - and letting them know I had sent the evidence within one year - and I thought it would be readjudicated.

They just kept telling me that I had one year to file an NOD - but NEVER mentioned they did NOT receive the evidence I refered to (BY CERTIFIED MAIL RECEIPT NUMBER) in my IRIS.

And we played around with the getting the rest of the doctor report - again, with several IRIS about the CERTIFIED MAIL RECEIPT NUMBER. They finally said they had forwarded it to the Privacy Officer to get my a copy.

Still - No copy.

I followed up with an IRIS.

Was told they did NOT receive the copy I said I sent.

No one MENTIONED that in all the IRIS a couple months ago - when we were discussing the certified mail package I sent.

And they STILL keep telling me I have to file an NOD - and fail to acknowledge my requests to have my claim readjudicated as I sent additional evidence within one year.

SO when they said they didn't have the copy of the partial doctor report I sent - so they could find the rest of the report - I asked point blank - Do you have the OTHER evidence I sent in the SAME package. I even copied and pasted some of the previous IRIS where I had informed them that I sent the stuff - and the receipt number.

Got my response today.

"We carefully reviewed your file and we have no record of the information you submitted on 6-09-08. If you have additional information to submit, please resubmit by regular mail. It is not necessary to send it certified mail, sending certified mail does not offer any real advantage.

If you wish to appeal our decision, you have one year from the date of our notification letter to submit your Notice of Disagreement and initiate the appeals process. Submitting additional information will not start an appeal and we have not received the information you sent."

WHAT???

They are saying they do NOT have the evidence I sent by CERTIFIED mail - but now want me to resubmit it by REGULAR mail as "sending certified mail does not offer any real advantage."

What is that?

I am concerned because I sent evidence in regard to my son's disability / dependency in that packet. Now they will say they did not receive it within a year.

What is this stuff about sending it by certified mail offering no advantage?

They have lost my husband's dscharge physical. They have lost my burial claim. They have lost my father-in-law's burial claim. They have lost all the evidence I sent in June 2008 - and the copy of the parital doctor's report - and they are telling me to send things by REGULAR mail????

I am hoping that my certified mail receipt AND all the IRIS that I told them what I sent - gave them the receipt number - and they never mentioned they didn't get it until now - will help establish I DID send it.

And should they be advising vets/ dependents to NOT use certified mail (especially when they lose the certified stuff)?

Free

Edited by Chuck75

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The VA has a point . I sent the same info twice certified return receipt, (which I have signed by the VA). They still dont have it and I have to resubmit it. This time I took the Train to NYC and personally had it date stamped,.. What I am trying to say they can loose the evidence either registered mail or regular mail. You will still have to resubmit it for your claim. If you have a rep have them deliver it to the VARO they are usually in the same building or if possible deliver it yourself.

Sorry you are being treated this way and good luck

Rich

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  • Our picks

    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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