Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Houston, We Have A Problem


Torvald
This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

spacer.png

Question

Just received some bad news tonight from the VA, so wanted to vent a little.

In January 2007 I submitted a claim to the VA for depression. On July 6, 2007 they denied my claim. Well, having lurked here and at VBN, I had learned a lot in the meantime about assembling claims and appeals, so was ready to quickly respond.

I pulled together a much better set of medical records (over 100 pages) and this time obtained nexus letters from two different psychiatrists. I then submitted to the VA (thru the Texas Veterans Commission) on August 31, 2007 a NOD request for de novo review by a DRO, plus the 100-plus pages of new medical evidence.

On 10/12/07 and on 12/27/07 I received IRIS replies confirming VA receipt of my appeal on September 6, 2007. On March 17, 2008 I received a VA letter acknowledging receipt of election for a DRO review. Also, on 06/23/08, i received another IRIS reply saying my "... appeal is with the Appeal Team for review ..."

However, two weeks ago, I received a VA letter in response to a separate claim for sleep apnea which made a passing comment about me not filing a NOD in time on my depression claim. Puzzled by this, I sent off an IRIS request for clarification.

Well, much to my surprise, I just received an IRIS reply tonight saying I had not submitted a NOD in time on my depression claim, and that it was now too late to appeal.

I will definitely follow up tomorrow with the Texas Veteran Commision and ask them to contact the Houston VARO right away to find out what is happening. Hopefully the TVC will be able to help. REally do not understand how the VA could misplace the 100-plus pages of new medical evidence that I'd submitted, especially after they'd previously acknowledged receipt of it. Good thing for me that I've kept a duplicate copy of everything, so if it comes down to it, I can always submit them again.

Please wish me luck tomorrow.

Link to comment
Share on other sites

  • Answers 15
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

I wish you luck tomorrow and am confident that you will get this sorted out. The VA is notorious for misreading Veterans C File.

Link to comment
Share on other sites

I will definitely follow up tomorrow with the Texas Veteran Commision and ask them to contact the Houston VARO right away to find out what is happening. Hopefully the TVC will be able to help.

REally do not understand how the VA could misplace the 100-plus pages of new medical evidence that I'd submitted, especially after they'd previously acknowledged receipt of it. Good thing for me that I've kept a duplicate copy of everything, so if it comes down to it, I can always submit them again.

Please wish me luck tomorrow.

Good luck! :P

Concerning how VA can lose records, haven't you been followiing the topics about VA shreddiing Vets Claim and evidence files?!?!?!??? VARO Waco (where my file is or at least is supposed to be?) was one of the VAROs named specifically :P

Link to comment
Share on other sites

I was going to file my claim in Houston before I moved in 2005. I am glad I waited until I got to another region, although they are not the world's best either. It is my understanding that the Texas Veteran Commission does a great job in helping vets.

Good luck,

Ron

Link to comment
Share on other sites

  • HadIt.com Elder

you may want to consider getting an attorney skilled in VA BS to handle the appeals they tend to put the better raters on claims with lawyers handling them just my 2 cents

Link to comment
Share on other sites

Heard back from the VA today. Unfortunately they now clearly claim to have never received my 100-plus page NOD appeal from last year, and have asked me to resubmit my evidence as a new claim.

I contacted my local VSO today with the Texas Veterans Commission and asked her to contact the VA to help clear this matter up.

Tomorrow I will also fax to the Houston VARO a copy of the VA letter and three VA IRIS responses that previously acknowledged receipt of my appeal. Two of those VA IRIS responses even mention the date (September 6, 2007) that the VA received my appeal. Perhaps that will cause them to reconsider and to look again for the missing appeal paperwork.

Am feeling kinda stressed by all this, but am still hoping things will turn out well.

Will try to keep you posted on how things progress.

Bye for now.

Link to comment
Share on other sites

  • HadIt.com Elder

Ufta! Hope all goes well, adding you'all my prayers; sure wish Important papers didnt have to go through so many offices or hands for that matter! Direct flight?

Best to ya,

Cg

Edited by cowgirl
Link to comment
Share on other sites

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • Advertisemnt

  • question-001.jpegLooking for Answers? Here are tips for finding the answers you seek.

     

    All VA Claims questions should be posted on our forums. To post, you must register. Registration is free. You can register for a free account here.

     

    You can read the forums without registering.

     

    Tips on posting on the forums.
     

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question.
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one massive, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.

     

    Leading to:

     

    Post straightforward questions and then post background information.

     

    Examples:
     
    • A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    • I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
       
    • B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
        • I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

     

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

     

    Note:

     

    • Your first posts on the board may be delayed before they appear as they are reviewed.
    • This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines

<——>