Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Received The Large White Envelope

Rate this question


mags1023

Question

I was excited when I received my mail today and there was a large white envelope in it with VA rtrn address. To my disappointment it was another letter asking for more information. What confuses me is it is talking about my NOD for service connected DDD lumbar spine, but it also mentions that this condition is under appeal. I have sent in volumes of evidence and information and anything I send is just a repeat of what I have already sent. My question is, what do you all think. Should I send in the VCAA and say I have furhter info to provide and then prepare another letter with the same evidence I have provided or should I just send the VCAA notice in and tell them to make a decision with what I have already provided. I am leaning towards the former, because maybe they will try to decide on it prior to my appeals travel board.

To ward off a couple of questions you may have, I looked at what they said they have received and it appears there may be some letters they didn't include. I didn't do as good a job of keeping track (copies of what I send) before I found this site. But, I know they have the info that I would be providing.

Thanks in advance for your comments!

s/ Mags

We kept our promise and served honorably. Now it is time for the VA to keep their's!

I am not an attorney or VSO and offer my opinions free of charge. Any advice I provide in my posts is from experiences I have had with the VA or I have the knowledge that others have encoutered. I accept no liability for this advice should you chose to follow it.

Link to comment
Share on other sites

  • Answers 9
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

if you are confident that they have received everything you have sent them, then I would sign the VCAA notice and send it back. They sometimes send these letters out without verifying that they actually need to. It's the same as the we are still working on your claim letter that we all get. The computer spits it out, and the dutiful VARO employee sends it downrange to our mailboxes.

If you are unsure about what they have received, you can always make a appointment to view your c-file without holding the process up. It may be well worth the drive if you have the time and the gas money.

90%, TDIU P&T

Link to comment
Share on other sites

  • HadIt.com Elder
if you are confident that they have received everything you have sent them, then I would sign the VCAA notice and send it back. They sometimes send these letters out without verifying that they actually need to. It's the same as the we are still working on your claim letter that we all get. The computer spits it out, and the dutiful VARO employee sends it downrange to our mailboxes.

If you are unsure about what they have received, you can always make a appointment to view your c-file without holding the process up. It may be well worth the drive if you have the time and the gas money.

Correct, the VCAA notices go out every so often and like clock work pretty much. Sign it and return it for not doing so may hold up your claim 3 or 4 months.

Link to comment
Share on other sites

Do you have a reopened claim (VCAA) or an appeal (SSOC). If it is an appeal, everytime you sent in information you generate another SSOC. Send in all the infomation at one time and leave it alone. If it is a VCAA they are mandated to ask you for the information even though they already have it. It comes into play in case of an appeal.

"Don't give up. Don't ever give up." Jimmy V

Link to comment
Share on other sites

Do you have a reopened claim (VCAA) or an appeal (SSOC). If it is an appeal, everytime you sent in information you generate another SSOC. Send in all the infomation at one time and leave it alone. If it is a VCAA they are mandated to ask you for the information even though they already have it. It comes into play in case of an appeal.

Thanks all. It states In reply refer to:

317\VSC\Appeals\sms

name and ssn

We are working on your NOD..................... What do we still need from you? We need additional things from you...please submit medical evidence of your current ddd lunbar spine as well as evidence showing service connection....

I don't think it is an SSOC. Doesn't state either. Just has VCAA response notice on back of package.

s/ Mags

We kept our promise and served honorably. Now it is time for the VA to keep their's!

I am not an attorney or VSO and offer my opinions free of charge. Any advice I provide in my posts is from experiences I have had with the VA or I have the knowledge that others have encoutered. I accept no liability for this advice should you chose to follow it.

Link to comment
Share on other sites

This is the formal VCAA notice-and election form -

it should state exactly what the VA needs from you-

I suggest STRONGLY that you should sign,copy and send them the VCAA Election Notice -electing that they consider your evidence and decide your claim (if you feel you have complied with what they wanted in the VCAA letter)and on the back of it (refer to this statement on the front of it) -state exactly what evidence they should have received from you already and whatever other evidence you have attached.

Tell them to contact you if they do not have a record of the evidence you have sent to them already.

The VCAA itself has messed up thousands of claims- as the BVA web site reveals.

VA took what was perfect (the original VCAA) and has manipulated it to the detriment of veterans.

When they say a vet can elect for them to decide on the evidence they have- I do not trust them to do that properly without identifying ALL of the evidence that the vet has sent to them.

So I feel we claimants should make sure we do that ourselves on the VCAA Election form.

Please start a manila folder system and keep your submissions and their letters in tabbed folders.I have decades of VA ola crap in manila foldersd and also scanned onto my PC.I have never thrown anything from the VA out.

I have stuff from old SOCS and award letters that has become important to my present claims.

And also-since VA loses a lot of stuff and as Shreddergate revealed-they have destroyed evidnce from VA claimants-

best to keep copies of everything you send them and get a proof of mailing or USPS tracking slip too.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

This is the formal VCAA notice-and election form -

it should state exactly what the VA needs from you-

I suggest STRONGLY that you should sign,copy and send them the VCAA Election Notice -electing that they consider your evidence and decide your claim (if you feel you have complied with what they wanted in the VCAA letter)and on the back of it (refer to this statement on the front of it) -state exactly what evidence they should have received from you already and whatever other evidence you have attached.

Tell them to contact you if they do not have a record of the evidence you have sent to them already.

The VCAA itself has messed up thousands of claims- as the BVA web site reveals.

VA took what was perfect (the original VCAA) and has manipulated it to the detriment of veterans.

When they say a vet can elect for them to decide on the evidence they have- I do not trust them to do that properly without identifying ALL of the evidence that the vet has sent to them.

So I feel we claimants should make sure we do that ourselves on the VCAA Election form.

Please start a manila folder system and keep your submissions and their letters in tabbed folders.I have decades of VA ola crap in manila foldersd and also scanned onto my PC.I have never thrown anything from the VA out.

I have stuff from old SOCS and award letters that has become important to my present claims.

And also-since VA loses a lot of stuff and as Shreddergate revealed-they have destroyed evidnce from VA claimants-

best to keep copies of everything you send them and get a proof of mailing or USPS tracking slip too.

Awesome! Thanks Berta. I'll do exactly as you recommend.

s/ Mags

We kept our promise and served honorably. Now it is time for the VA to keep their's!

I am not an attorney or VSO and offer my opinions free of charge. Any advice I provide in my posts is from experiences I have had with the VA or I have the knowledge that others have encoutered. I accept no liability for this advice should you chose to follow it.

Link to comment
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


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
    • Sparklinger earned a badge
      First Post
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use