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

[halos2]

Berta got main # and fax # for the St Louis VARO?

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.

Edited September 21, 2008 by halos2

[john999]

When the VA sends you a notice to show up for a C&P exam that is crucial to your claim they just use regular mail. That shows they could care less about your claim or your welfare. I have had two claims initially denied because the VA did not send me a notice to appear for an exam and I can't prove otherwise. That is why they scoff at certified mail.

[Chuck75]

The VA seems to have an unfortunate habit of making evidence disappear. The VA's attitude towards certified mail is simply that the receipt shows "something" was sent to the VA, but not what that was. As a result, this leaves the Veteran with only one choice-- That of having the claims package hand delivered, and a copy of that package hand stamped page by page with the VA's identifible date stamp.

Even with this, the VA can and does "loose" what is usually inconvenient evidence. This can be a major problem for obvious reasons. The only way to find this out seems to be if the evidence was not mentioned in a denial SOC or SSOC, or to request a "timely" personal review or copy of the "C" file.

I suppose the only way to deal with this in such a way that the VA stops these practices is to make them criminal in nature, and removing the VA's ability to hide behind various regulations, practices, and the Law. (I doubt that this will ever happen!)

Edited September 21, 2008 by Chuck75

[Pete53]

If this worries you I suggest that you hand deliver to your VSO who will forward and mail yourself a copy of what is submitted and keep the envelop unopened with US Postage. Be sure and note on your submission that a true and correct copy has been sent to you and include full mailing address.

I also call the VA a couple of weeks and ask if they have a record of my submission.

Like Chuck said certified mail only shows that you sent something. The VSO will not keep a copy but will make a record that they sent something to VA.

If you live near VARO take it your self and watch them stamp it in and your copy.

That said although I would not rust the VA I never had a problem with them losing my information my problem was to get the lazy bums to read it.

[Philip Rogers]

When the VA sends you a notice to show up for a C&P exam that is crucial to your claim they just use regular mail. That shows they could care less about your claim or your welfare. I have had two claims initially denied because the VA did not send me a notice to appear for an exam and I can't prove otherwise. That is why they scoff at certified mail.

John, if the VA sent you a notice there should be a copy in your c-file. If not it wasn't sent.

pr

[Philip Rogers]

The VA seems to have an unfortunate habit of making evidence disappear. The VA's attitude towards certified mail is simply that the receipt shows "something" was sent to the VA, but not what that was. As a result, this leaves the Veteran with only one choice-- That of having the claims package hand delivered, and a copy of that package hand stamped page by page with the VA's identifible date stamp.

Even with this, the VA can and does "loose" what is usually inconvenient evidence. This can be a major problem for obvious reasons. The only way to find this out seems to be if the evidence was not mentioned in a denial SOC or SSOC, or to request a "timely" personal review or copy of the "C" file.

I suppose the only way to deal with this in such a way that the VA stops these practices is to make them criminal in nature, and removing the VA's ability to hide behind various regulations, practices, and the Law. (I doubt that this will ever happen!)

Chuck, I suggest the best way, if mailing it, is to send certified, return receipt requested, and make a photocopy of the front page of your document with the green & white certified number laid on it. This is fairly good evidence/proof of what was sent and then the VA's argument of "something was sent" goes down the tubes. Of course hand delivery w/date stamped received copy is always the best.

pr