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

[Rockhound]

I've come to the opinion, if you can not take the papers in yourself and get them date stamped and you do not have a SO with your POA, or a sympathetic political representative who can help you get things straightened out, that it is time to use a personal curier service that can attest to what has been delivered, providing a check list of all the documents and/or papers that were delivered, when and to who signed for them. Making that VA employee initial the list, sign and date stamp it, so that it can then be returned to you as your proof as to what was sent and what was recieved.

Costly yes, but when the VA is playing the kinds of games they are with us, then we must do what we must to see that it gets done. I for one give my stuff to my SO and then follow up by getting a copy of everything from her, showing the date stamp they received what.

Once when I didn't file thru a SO, I went in personally and asked for a copy of everything with the date stamp and signature of who received it. They gave me back the stack with only the top page date stamped and signed. I guess they thought they were being cute, but I checked to make sure all were date stamped and when they weren't I point blanked at that moment asked to speak to the RO director to make a formal complaint. They told me that wouldn't be necessary and that they would see to my request right away and they did so, every last page.

Some pages were duplicates of prior evidence that had my original date stamp on it and now they also have the new date stamp on them also, so their can not be any question as to when the document was used in any of my claims. I have a couple of pages that have three dates on them, to cover claims I had submitted but were denied. I should have followed up with NODS and appeals, but when you have mental problems, it's hard to keep things going year after year without dropping the ball somewhere along the line.

A personal currier is extreme, but if it comes down to it, It is much better than cirtified mail with return receipt.

Rockhound Rider :D

[Berta]

CHicago VARO ( as of 2007)

Michael Olson Director

VARO 2122 W. Taylor Street, Suite 301

Chicago, Ill 60612

1-312-980-4201

1-312-706-6668 (Fax)

VSCM Suzanne Lowe 1-312-980-4307

AVSCM Dave Stelzner 1-312-980-4307

[mobie16r]

Free,I understand what you saying,i helped a few veterans with there claims, and i have sent certified mail that some how va lost.Matter of fact last year in July, i send certified mail to va and December, i send certified to va, for the same veteran, we got the return receipt back both times, signed by the same va employee, and claim and evidence got lost,va said to refile,so to save the veteran effective date that claim was original filed.I got copies from the postal service of the date that certified was deliver and i made copies of the return receipt that we had and we submitted copies of the claim and evidence to va.That is the reason you need to send va certified mail,because if we hadn't send certified mail we would have lost the original effective date of claim, without evidence to prove that we had filed.

mobie

[william n]

Hey Rockhound, they tried that with me on 12pages..Stamp the front and the back page, with a paperclip attached and handed it back too me. i said nooooo.. all pages stamped please. Dirty look , but who cares. Not their claim, Mine Mine Mine, lol. Peace William

[Stretch]

Organization is needed.

Name at the top Left, C-file number at the top right on each numbered page. You could put a reference number (your own system) on each set of documents that you send.

I used my VSO as a filling clerk for a few years. I made the DAV send me a letter saying that they received and sent the particular piece of evidence to the VA signed by my VSO.

On the cover letter I said that I wanted each piece of evidence put into my c-file.

After I rescinded my POA from the DAV, I started sending evidence via WinFaxPro (fax program). This program keeps actual copies of everything sent to the RO, dated time stamped and completion.

Fax may seem a little eccentric; my c-file is six volumes thick and I can account for everything that I sent. I was planing on going to higher courts and I wanted every detail documented.

This organization, with reference numbers (your own system), could pay off one-day when you have forgotten the nightmare of gathering all of this evidence. In the future all you will need is a table of contents.

This may seem difficult, but it is your job.

[cowgirl]

Nice find Berta, you as always are a gem! Where do you get the names of the VARO staff and fax numbers. I searched a bit but missed the boat.

cg

CHicago VARO ( as of 2007).......