Stupid Question About Timeline For Appeal

[yelloownumber5]

I know this is a stupid question but when your claim is denied doesn't it say you can do the NOD and an appeal which is says you have one year from the date of the denial to file an appeal it also does say (and only on your denial) that a NOD does not extend you time line for the appeal, so if claim denied 1/1/2008 you have one year from the date of the denial to file appeal now matter if you file NOD or not. But if you file a NOD and they are denied it again says you have one year from the date of this denial to file an appeal. However, that is not true........but why is it?

Besides irresponsibility and laziness of the VA? I just ask because it was actually my VSO who did my NOD for a few things and maybe 2 out of 4 were approved so he said I had one year from the date of the NOD approval/denial to file for an appeal, so it is time to get appointments in line, evidence and build the case more so...........well he still did file my appeal because he did not realize this until they said NO NO NO because I ran over my time limit. Since the VSO filed this is there anything that can be done........he was to ask the VA and explain what happened but never called me back.

Thanks.

Edited October 7, 2008 by yelloownumber5

[Berta]

I suggest that you file a complaint -first with this guys boss-

check your POA file first to see exactly what he did and when he did it-

and if his boss (I mean the person at this orgs highest level)does not adequately respond to you-

file a complaint

with the Office of General COunsel

under 38 USC 14.633.

Also if there is chance that what he did cost you compensation-you can sue him in a state court.

38 USC 14.633 is here at hadit.

I am the first claimant who ever used this reg to file this type of complaint against 4 lousy vet reps-

I had documentation from the Director of my POA, the Governors office, countless emails and stuff from the reps, others employed by the state who had nothing to do with my claim at all (intimidation) and my POA file itself as well as first hand testimony.

And I even got a POA rep as a witness in my behalf regarding one point of the complaint.

After a year had passed I got wonderful news from the Office of General Counsel a few days ago-

I got what I wanted.Although this is not over yet-

You must study the regulation above and shape your complaint so that the evidence fits into it.

I did a time line with 34 Exhibits attached.

Also my recent BVA remand supported my charges in one respect and I sent that to the OGC 2 weeks ago-

the remand itself had become more evidence for my OGC complaint.

These dopes have to be taken to task-

oherwise we are allowing them to continue to screw up more veterans claims.

I csnt really determine if the rep here was negligent-

but if he was

you should sure get this squared away-by going over his head.

Edited October 9, 2008 by Berta

[yelloownumber5]

Berta,

Thanks...The "appeal" was for something that I was awarded 0% with the NOD, for carpal tunnel which I wanted the appeal because it stops me from doing my administrative portions of my work.

Is there a statue of limitations to go thru this procedure of the complaint againt the county VSO? I just don't want to dig my grave with them

at this time. I really need to try and push a few claims thru because something bad it going ot happen soon.

For the complaint you mean......he's a county VSO and with the American Legion thru the American Legion? I know when I called the American Legion she asked if I wanted to put in a complaint with the Governers Office.

There are two county VSO's in this office and I guess I need to see him but the following time I will see the other guy. I just don't want to be X'd out of any assistance I need. I try to do the leg work and research (but have congnative issues) and just use him to submit forms, paperwork and that............but I am like this because he never said let's look at your medical record or this evidence or that.........I filed my first claim with him in 2004 after retirement and this is the only person I have dealt with in person and I feel truly lost at times. I did call "DAV" and they have a rep at the VAMC but when I called them on the phone they were like well........what you said you have enough evidence just file, so when it get denied I get confused. I try to present it well enough with a cover sheet and some statements from the evidence and then to highlight the SMR and current evidence being submitted.

So I should be allowed to look at this POA file and get a copy of what he filed for me concerning this "appeal", which will have the date........he did it on the computer while I was there and I'm sure it's in my c-file......he mistook the VA Regs for the timliness.

Y#5

[Berta]

I believe county VSOs come under the Governor's office jurisdiction-but he moght be accredited with the VA via the American Legion-

If I were you I would file a complaint with the American Legion- their National Commander can be googled-or file the complaint with whoever heads there National Service Department-

I would also send copy of it to the County Supervisor

with a cover letter.

Refer to and attach any evidence you have that supports your complaint.

You could ask them to transfer you to the other county rep there-

since they still hold your POA.

If the rep did not file an appeal in a timely way during the full appeal period-he was negligent.

I dont know if any Statute of Limits-

I called the OGC on a Thursday after the state rep told me he had just revoked my POA, and by Monday following week-I had a 24 page complaint and 34 pieces of evidence prepared and in the mail to the OGC in DC.

After giving these clowns Benefit of Doubt and putting up with their BS for 4 years- I was not going to allow the opportunity to pass to lay it all out to the OGC.

As other evidence occurred and I became aware of others in similiar situation as me-I sent this evidence too in additional submissions.One vet who had been intimidated (I had intervened strongly on this matter-and this was documented in emails to the POA) died -with a great claim in process-that I had prepared because the POA had asked me to help him-so one letter I sent to OGC had to tell them that-I had specifically asked them to consider his situation-even if they didnt investigate mine- (which they did)

My recent BVA remand and a recent decision for a widow at the BVA web site (same POA)also became evidence that I sent to the OGC 2 weeks ago.

LAst week the GC staff attorney told me this is goping firther than I thought-beypnd the 4 reps I named in the complaint.

Edited October 12, 2008 by Berta

[yelloownumber5]

Berta,

"If the rep did not file an appeal in a timely way during the full appeal period-he was negligent."

What if he did file it timely but in fact he told me I had until 5/15/2007 but in fact I had to file by 7/15/2006

but to show it was his error he did file it on 5/1/2007. Just using those dates. I do see in my C-file that

they were in receipt of the form 9.

I believe his office is accredited with the VA via American Legion.

In Nov of 207 I asked for a copy of my C-file under the Privacy Act or actually

that may have been my Vocational Rehab info but page to it says

"We have no record of your appointing a service organizations or representative to assist you with

your claim........................................................................"

I don't know if that is normal, mix up, they don't check or what.

I believe county VSOs come under the Governor's office jurisdiction-but he moght be accredited with the VA via the American Legion-

If I were you I would file a complaint with the American Legion- their National Commander can be googled-or file the complaint with whoever heads there National Service Department-

I would also send copy of it to the County Supervisor

with a cover letter.

Refer to and attach any evidence you have that supports your complaint.

You could ask them to transfer you to the other county rep there-

since they still hold your POA.

If the rep did not file an appeal in a timely way during the full appeal period-he was negligent.

I dont know if any Statute of Limits-

I called the OGC on a Thursday after the state rep told me he had just revoked my POA, and by Monday following week-I had a 24 page complaint and 34 pieces of evidence prepared and in the mail to the OGC in DC.

After giving these clowns Benefit of Doubt and putting up with their BS for 4 years- I was not going to allow the opportunity to pass to lay it all out to the OGC.

As other evidence occurred and I became aware of others in similiar situation as me-I sent this evidence too in additional submissions.One vet who had been intimidated (I had intervened strongly on this matter-and this was documented in emails to the POA) died -with a great claim in process-that I had prepared because the POA had asked me to help him-so one letter I sent to OGC had to tell them that-I had specifically asked them to consider his situation-even if they didnt investigate mine- (which they did)

My recent BVA remand and a recent decision for a widow at the BVA web site (same POA)also became evidence that I sent to the OGC 2 weeks ago.

LAst week the GC staff attorney told me this is goping firther than I thought-beypnd the 4 reps I named in the complaint.

[Berta]

I cant determine if he did file it on time.

The appellate deadlines are here at hadit.

Did the VA say it was not filed in timely manner? If so that is your proof he screwed up- I really can't tell if he did in these posts

[yelloownumber5]

Berta,

I received my NOD that denied 3 service connections and one of them was granted but at 0%. I took this letter to my VSO and told him I do not agree and read the

C&P and I did not understand why this was denied. Now my VSO read the denial from the NOD and the granted @ 0% for Carpal Tunnel. He told me I had one year (which now I know

this is not correct) to submit my form 9 for the appeal which he was going to submit. 10 or 11 Months later I went to him with all my paperwork and more medical evidence and asked about

the appeal and how long it would be before the board and he said about 18 months and asked if I was moving, no moving. He submitted the but being honest he submitted the

day I asked him but, but again being honest this is within the time frame he told me I had to file this.........that is why he did file it for me.

The reason I was filing my appeal is I got shafted. I have carpal tunnel.......but I also have Cervical Radiculopathy at the C5-C6. Now when the C&P Examiner did the exam

he thought I was BS'n him. My whole hand GOES numb. I know now the correct fingers for numbness for the test for carpal tunnel.........but me with rated "radiculopathy, Left Arm associated

with cervical spondylosis and forminal stenosis C5-C6 this was different all my finders and hand was numb. The C&P Examiner wrote in the exam notes "non physiological" response. So the EMG and other nerve test is wrong. Yes, I know they have to show these symptoms but my body is not "normal" to start. But I learned how to play and as soon as I'm over this other issue I have with them I will file for this again.

What happens if I put in a for an increase (on something new) while awaiting the appeal?

I cant determine if he did file it on time.

The appellate deadlines are here at hadit.

Did the VA say it was not filed in timely manner? If so that is your proof he screwed up- I really can't tell if he did in these posts

Edited October 14, 2008 by yelloownumber5