Need Advice

[bufloguy]

I got a copy of my "C" file and viewed it for the first time, and found that It was missing important documents.

In 1995 I filed a claim for back, neck & head conditions due to 2 car accidents that I was involved in while on active duty. I had had recieved a letter from the RO asking for more information, to which I responded with the requested evidence. I had never recieved another response from the RO. I sent the RO 4 letters in the two years after sending the evidence but never got a response. I eventually gaveup & forgot about the claim.

In my "C" file I found a denial letter for the claim, but I didn't find any of the letters that I sent the RO. I also found letters they sent to me to an address that I never lived at.

I never recieved the denial letter, or even got a C&P exam. I had forgotten all about the claim until I viewed my "C" file.

Do I have any options? I ask because I filed the claim for my back & neck again this last October.

Any advice would be greatly appreciated. Thanks!

[Hoppy]

What was the reason for the denial? Do the say you failed to respond to their request or do they cite any of the evidence in the claim.

It is very difficult to get the earlier effective date. However, it is not impossible. It depends on the strength of the medical evidence they failed to review and why they did not review the evidence.

The RO did the same thing to me. The medical records the said they did not get were sent to them by the VAMC and the VAMC had a document with the name of the RO employee who picked them up from the VAMC. Yet, the RO said that the VAMC did not respond for the request for the records. The RO obviously lost or destroyed the records. Fortunately, I filed a timely appeal.

Edited December 15, 2008 by Hoppy

[bufloguy]

Yes, I am asking for advice on trying to establish the earlier effective back to the date of the original claim.

1. I filed a claim for my back & neck Oct 2008 due too a car accident I was in while on active duty. I had forgotten that I filed a claim for my back & neck in 1995.

2. I got my "C" file early Mid November & noticed a lot of missing documents, including ALL the medical evidence I had sent in the origional claim. Also missing are selected records from my SMR's, especially ALL the physical therapy notes for my back & neck treatments. (I have contacted MPR to have my SMR's replaced.) Also missing is an INFORMAL CLAIM I filed earlier this year for PTSD & TBI from this accident.

3. In the "C" file were:

a. the origional claim that was filed on 8/11/95.

b. Request from RO for medical evidence dated on 7/9/96. (I recieved this, and sent requested Info)

c. Request from RO to obtain info from Chiropractor dated 9/4/96. (I recieved this, and sent requested Info).

d. Denial letter dated 12/9/96 (which I never recieved) reason for denial was no evidence being submitted. Note: the denial letters are in duplicate in the "C" file.

4. I sent the RO the following information, but NONE of it appears in my "C" file

a. A letter from my chiropractor, stating "more likely than not, back & neck issues caused by MVA in military"

[hurryupnwait]

I would follow the advice that John gave you.

"Aint it amazing what you find when you get a copy of the file.

The old hidden evidence trick backed up by the wrong address trick.

Welcome to the Timex Boy Club.(Anyone want to know what that means shoot me a PM)

Copy the infoprmation ans ask the VA to re-open the claim back to the original date and that they have the wrong address and that you did not recieve the denial letter and prove it was sent to the wrong address. Your claim is still open if you can prove that. Maker sure you have some assistance. Then re-submit the evidence but explain that you have already submitted it.

The same thing happened to me. I was accused of missing a C @P exam because of an erroneous address and I almost missed another one but someone called my cell phone and informed me of the exam."

Good Luck.

John

[Stretch]

Same exact thing happened to my back claim in 1982. They sent the info to the wrong address. I have the denial decision, from the VA, that was in my C-file.

Recently I requested to reopen this 1982 back claim in the BVA hearing. On the remand through AMC the back issue was reopened (from the DRO and the BVA).

Now, there is evidence of everything I was saying, about my upper and lower back, from 1972. The only reason I am pursuing this is for the operation on my neck that I have needed for 35 years.

The VA PCP would never tell me that the neck problem symptoms were all related to the injury. Hadit, helped tie it all together for me.

[hurryupnwait]

Same exact thing happened to my back claim in 1982. They sent the info to the wrong address. I have the denial decision, from the VA, that was in my C-file.

Recently I requested to reopen this 1982 back claim in the BVA hearing. On the remand through AMC the back issue was reopened (from the DRO and the BVA).

Now, there is evidence of everything I was saying, about my upper and lower back, from 1972. The only reason I am pursuing this is for the operation on my neck that I have needed for 35 years.

The VA PCP would never tell me that the neck problem symptoms were all related to the injury. Hadit, helped tie it all together for me.

A decision letter about my 1973 claim was never sent to me or my VSO, nor was there one in the C file. This was noted in my BVA remand letter.

If you were not notified of a VA decision, then you had no opportunity to file a NOD. But now that there is one in the c file. The VA will say that they did their part by mailing it, even if it was sent to the wrong address.

bufloguy

I would check the post stamp on your decision letter and the date it was written, also see if your VSO at the time has a copy. Is the letter addressed to the wrong address too?

Happy Trails

Paul

Edited December 17, 2008 by hurryupnwait