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.

[Berta]

This is exactly what I griped personally to Congressman Filner (H VAC) over last year-the Scam that the ROs have made over the VCAA.

And why I stated here many times- if you get a deficient VCAA letter your claim is doomed to the "hamster wheel".

Deficient VCAA letters that do NOT tell you what specific evidence you need to send to the VA and also

VAROS habit os not sending -along with the VCAA letter-the Election form-

has insured that the backlog will grow as this is primarily what started the enormous backlog in the first place.

I have asked Congressman Filner to support an amendment I wrote to the VCAA-it would put the onus on vet reps as well as claimants to do what they have to do- demand a VCAA letter and election notice ,prior to any denial, that is fully in compliance with the VCAA.

This is why claim has been in the systen for almost 6 years and why some vet reps here in NY have to answer to the OGC.

I have sent evidence to VA using every form of postage-

and they still said they didnt get it.

The BVA found some of it in my C file last month.

The POA has all of it-too-

at least they did-

If your meeting with your VSO is after the Nov 17th hearing Cong Filner has set for the shreddergate fiasco- you might get what you need copies of.

[johnson]

"My VSO also said she has a VA date stamped copy of my paperwork in her files, but said she can't give me a copy. When I asked why not, she said the paperwork contained some internal TVC notations which made them not relasable to non-TVC people. Sounds like a strange explanation to me. I would really like to get my hands on the VA date stamped copies, as I could then force the VA to acknowledge my paperwork was submitted last winter. Do you have any ideas on how I could require the TVC to give me the VA date stamped copies?"

This is not good-

Since 2003 I have asked for and received 2 copies of my POA files.

No problem -just took a simple letter.There was some stuff missing in the first copy and they put it into the second copy-

Yesterday ,my POA denied me copies of it in a letter I know there is some sensitive stuff in my POA file.

I saw some of it but the rep would not give me a copy of it.

They did tell the OGC some awful stuff too and I think that stuff is in the file.

I asked the OGC what they said but the attorney couldnt tell me- I then asked Well did they send evidence of what they said-and I bust out laughing when the GC attorney said NO not like you did!

I dont give a hoot in hell what they have on me that is sensitive but they refused to release even the submissions of evidence for my claim over last 5 years that I sent to them!!!!

I think maybe they -the POA ---shredded my POA file?????

I used a different approach to get copies of what I had sent to them.

This concerns me- has anyone else been refused a copy of stuff from theitr POA file???

Makes me wonder of TVC actually submitted your stuff to the VA.

They should have a copy of their 21-4138 too in your POA file.

But all they had to do was release the other stuff and cite 5,38 USC 552 as to why they could not release it all.

I have an OGC complaint against them but the OGC said there was no reason I couldnt ask them for another copy of my POA file.

I hope this isnt goping to become a trend with our POAs-due to the shreddergate fiasco as they might have the only proof that we did send the VA stuff they said they never got.

"Unless I'm mistaken, those claims will get denied unless the VA first agrees that my depression is service connected."

Right-I assume they were claimed as secondary to the depression?

"How should I go about requesting the VA to go ahead and decide my depression appeal right away without waiting for anything else? Would a simple IRIS request do it, or should I do something more formal, like send a certified letter request to the VA?"

Did you check off the box on the VCAA election form telling them to go ahead and decide your claim?

Breta, I have never received vcaa letter or form, have copies of va notes, clearly stater no vcaa letter or form send for 04 05 was ever sent notes were found in copy,s from va file

[Judy]

Sorry to say this fellas but the Texas Veteran's Commission did nothing for me. Of course neither has the SO at American Legion.

If there is such a thing as a "good" service organization (or SO), someone will have to show me that its true because I've had no service from them, no luck and no assistance. Thats a fact.

I sincerely hope you all fare better.

Judy