Va Told Me To Not Use Certified Mail ! ?

[free_spirit_etc]

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

[john999]

I think your local VARO may talk that trash about not using certified mail, but the BVA or Court of Vet Appeals would think differently. Certified mail is the legal way for notification of many sorts of documents. I live close to my VARO so I hand deliver it and get it date stamped. I trust them not at all.

[Josephine]

Free,

Good to hear from you and so sorry that this is happening to you.

I would like to suggest you do as I have had to do.

I have Senator Warner fax everything for me.

They never loose a thing he sends.

I am so sorry,

Betty

[free_spirit_etc]

Berta,

It is the Chicago RO.

I thought it was ridiculous that they denied receiving the stuff I sent by certified mail - but told me to just use regular mail. Most likely because they don't want me to be able to prove I sent something.

But I was pretty proactive when I sent it. I sent an IRIS to them them I sent it AND the certified mail receipt number.

We had several back and forth responses - where I kept maintaining that I SHOULD have my case re-decided as I had sent evidence in within the one year deadline AND had asked for an extension (though they never responded, aside from telling me that they sent it up to the Claims Adjudicators to check the regs to see if I could get an extension BEFORE the one-year deadline to ssubmit evidence had expired).

So I am not coming WAY after the fact saying I sent something they said they didn't receive.

I had several exchanges with them ABOUT the evidence I sent - and never ONCE did they even MENTION they didn't get it - until I asked point blank in this IRIS (since they informed me they never received the OTHER item I sent WITH the evidence). Of course we had several exchanges about THAT item also - and they didn't inform me they didnt' get it.

I think it must take them a good month or two to lose things permanently.

Then they act like they didn't get it.

But dang it - to me the correct response to me would have been to re-send the evidence with the proof of certified delivery. NOT telling me to just use regular mail because they will pretend they didn't get the certified mail either.

And again, I didn't just send it off in the first place. I sent an IRIS and TOLD them I sent it and the receipt number.,

There is no call now for them to act like they didn't get it - and act like it is my loss.

Had I NOT sent it certified - that would be something else.

Had I not sent follow up IRIS telling them I sent it and LISTING WHAT I sent - that would be another matter.

I get SO frustrated with their la dee dah attitude on this.

And this is NOT a NOD - I still have until October to send that in.

BUT I have asked time and time again to have my case redecided - so that I don't just file an NOD - go through YEARS of waiting - get to the BVA - only to have it REMANDED because they did not grant me the redecision I am entitled to when I send additional evidence within one year of the VCAA letter.

As I still don't have an IMO - as I still don't have the other half of THEIR medical opinion I have been trying to get for over a year - they will deny my case again.

But still - at least I will have my son established on the claim - as I sent evidence of his disability within a year. And I will hopefully NOT have to have a remand from the BVA merely because they did NOT redecide my case when I sent evidence in within one year of the VCAA as required by law.

I do not have a representative at this point.

I have talked to the Illinois Veterans - and think I will most likely appoint them.

Free

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.

[danang_1969]

Certified mail only proved we sent something, not specifically what we sent. If you have a VSO, you can send it to them and let them send it to the RO and usually in return the VSO will send the vet a copy of the letter where they submitted it the RO and the VSO list the documents that were submitted.

Actually the vet has need of legislation passed that would require the RO to send us copies of all submitted documents of evidence back to the vet verifying of what they received each time new ones are submitted. You can always request a copy of your c-file and find out what they got. It may take awhile to get it and you will probably have to do many followups and be persistent to ever receive it. They only let you request your c-file once without charging you the next time it is requested. If you have a rather large file that might get be expensive. I tried asking requesting a partial c-file once from specific dates and the RO sent they whole doggone 6 inch thick file again, instead of an update.

[free_spirit_etc]

ACK! Your case sounds awful too. I have found that most government agencies seem to want to pretend they didn't get things they don't want to deal with.

I was concerned about the How do you prove WHAT you sent - also.

The receipt you get from the Post Office - the one that shows what you paid - has the WEIGHT of the item on it.

So if you can prove you sent SOMETHING of that weight - and your stuff you SAID you sent WEIGHS that amount - it seems like it would be kind of hard to deny you sent THAT - unless they have a process to weigh incoming mail before they throw it away - and then they stamp a buch of crap of equal weight with the same date stamp and stick in in your file.

And to me - if you can prove you sent something - and they have nothing in the file that is date stamped that shows you sent something other than what you said you sent - then it seems like that would HELP your case.

And again - keep the post office payment receipts - the WEIGHT is on them.

Free

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.

[free_spirit_etc]

I didn't get return receipt - but I tracked it and said it was delivered. I even included that in the IRIS (multiple) discussing this -

" I also would like to follow up to ensure that the additional evidence I sent in the same package, by certified receipt mail number 7006 2150 0001 8139 2391 - Delivered at 11:25 AM on June 9, 2008 - has been associated with my claim file."

I didn't buy the return receipt when I sent it - because it costs extra - and you might not need it - but you can ORDER it after the fact, if they deny they received it -- it just costs a bit more then (but less, in the long run, than buying one each time).

Free

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!