Houston, We Have A Problem

[Torvald]

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.

[Pete53]

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

[Jayg]

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

[Ron II]

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

[Testvet]

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

[Torvald]

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.

[cowgirl]

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 October 23, 2008 by cowgirl