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Houston, We Have A Problem
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Read Disability Claims Articles
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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.
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