Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • 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

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Available Subscriptions


I received my initial denial - dated November 8, 2007.

I submitted the evidence they requested in the VCAA letter in June 2008, prior to the end of the one year deadline to submit the requested evidence.

Though I have requested they readjudicate my claim based on my submission of evidence within the one year time-frame, they now deny receiving the evidence.

Though I still think I have the right to have my claim re-decided (and remain open) as I submitted the evidence requested in the VCAA notice within the time-frame (and have a signed certified mail receipt - plus a copy of the IRIS I sent to let them know I had sent it) - I filed a NOD.

I did receive a letter dated October 17, 2008 telling me they were working on my claim for Compensation.

The deadline to submit my NOD was November 8, 2008.

I mailed my NOD November 7, 2008, certified mail, return receipt requested. I also had the post office postmark the letter while I was there to assure the postmark was legible.

I sent an IRIS to the VA on November 8, letting them know I had sent my NOD by certified mail, the receipt number, a copy of the online tracking showing it had been processed at the post office - along with a request to receive a date stamped copy for my records.

The response told me they could not send me a date stamped copy, but that I would receive a response.

I received a decision today telling me my NOD was not timely, as a decision was made on my claim November 8, 2007, my NOD was not received by them until November 12, 2008. (The day after Veteran's Day).

(It also said they attached information on how to appeal - but they didn't attach anything..)

I keep reading on the BVA sites:


"When these rules require that any written document be filed

within a specified period of time, a response postmarked

prior to expiration of the applicable time limit will be

accepted as having been timely filed. In the event that the

postmark is not of record, the postmark date will be presumed

to be five days prior to the date of receipt of the document

by VA. In calculating this five day period, Saturdays,

Sundays, and legal holidays will be excluded. 38 C.F.R. §


In computing the time limit for filing a written document,

the first day of the specified period will be excluded and

the last day included. Where the time limit would expire on

a Saturday, Sunday, or legal holiday, the next succeeding

workday will be included in the computation. 38 C.F.R. §


Do they have any justifiable reason to dismiss my NOD as untimely? Aside from the fact that I have evidence that I SENT it on November 7, 2008... And that I let them know IN WRITING by IRIS ON November 8 (the deadline) that I was filing a disagreement --- shouldn't the five day presumption apply?

(The 8th was a Saturday, the 9th was a Sunday, the 11th was a holiday. According to the above procedure for calculating the mailing date - the presumed mailing date should be November 4, 2008). So even if they manage to lose my postmarked envelope -- shouldn't their acknowledgement of receiving it on November 12th count as evidence of timely filing?

I am not quite sure why they didn't go by the date of the postmark, or use the five day presumption when they issued the decision to dismiss my appeal, except that they are the VA and that's what they do...

Am I missing something?


Share this post

Link to post
Share on other sites

Recommended Posts

Hi Free,

I am so happy to hear from you and hope you and your son are doing well.

I will leave the answer to your question to the experts.



Share this post

Link to post
Share on other sites


You've been shredderized! You need to follow these directions:

6. How do I submit a request for consideration under these special procedures?

If you submitted an application or other supporting evidence between April 14, 2007 and October 14, 2008, and you believe VA does not have the document, you should submit a request for consideration under VA's Special Claims Handling Procedures for Missing Documents. Your request should be made in writing and sent to your local regional office or through your veterans service officer.

Your request should include the date the document was originally submitted to VA. To support your statement, please include copies of any of the missing documents, if available, such as a copy of your application form, a dated transmittal or cover sheet from your veterans service officer, or confirmation from the mail deliverer.

VA public contact representatives are available to assist anyone desiring to file a claim under the Special Claims Handling Procedures for Missing Documents. You may call our toll-free telephone line (1-800-827-1000) or visit any of VA's regional offices for assistance.

Share this post

Link to post
Share on other sites

freespirit, send anther cert. mail letter to the RO stating that the VBA had all the evidence & NOD requested before the appeal deadline and that you ask for special reconsideration- referance VA fast letter 10-41. Then wait for reply. You got your proof and now the evidnece is stacked in your favor very heavily.

Share this post

Link to post
Share on other sites

If you are close enough to the VARO hand deliver your evidence to them and get date stamped copies. I don't trust them to find their ass with both hands.

Share this post

Link to post
Share on other sites

Thanks to all for your responses - and the info on the special consideration for the missing documents.

I will certainly follow up on that!!

As far as the NOD deadline goes - I, of course, will file an NOD about the VA's failure to accept my NOD mailed before the dealine as timely.

Am I on solid ground to ask them to CUE their own decision on the timeliness of my appeal - as it was clearly in error? I was hoping that could cut through some of the BS time. Or do I have to follow the NOD on my NOD all the way through the maze before I can ask them to consider it a CUE.



PS. Betty - what a beautiful and inspiring PM you sent!! ;)

Still loving my vet VERY VERY much!!!!!

Share this post

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 

Important Information

{terms] and Guidelines