Usps Certified Priority Mail

[Wings]

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The AMC gave me 30 days to send additional comments and/or evidence to their Rating Decision (denial). I had written a 5 page "Rebuttal", but decided instead, that I'd sooner send a formal Notice of Disagreement (NOD). SO I changed the subjject from Rebuttal to NOD ...

At the US Post Office, I sent 2, letter sized envelopes (pre-made by the USPS).

The first copy I addressed to the AMC; the second copy to the BVA.

I paid for both: Prioroty Mail and Certified mail, which was supposed to get there in 2-3 days! It's been 8 days, and counting!

I'm really glad I decided to send the NOD, rather than the rebuttal, because the 30 day limitation was up as of yesterday!

Now the question: what are the VA Regulations on filing deadlines or statute of limitations? If I have proof of mailing within that time frame, does it count? What if the Post Office doesn't get my package there on time, but I have proof I mailed early???? ~Wings

[Wings]

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I just got off the phone with my local Post Office Worker Bee (whom was very nice); and he surmised --that the mail is probably sitting in the BVA or AMC's very own post office, since there is no post office, other than their's for that particular Washington, DC zip code.

I hate to imagine what a VA post office looks like!!

Anyway, the moral of the story is ... if your mail is "time sensitive", send it "overnight" with "insurance" !! ~Wings

[Philip Rogers]

Hey, Wings: the VA considers the day that it was mailed as the date in their custody, because they are a government entity. So if you had until 2/12/09, at midnight, to respond and mailed it at 4:59pm, it would be considered as timely.

pr

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x

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The AMC gave me 30 days to send additional comments and/or evidence to their Rating Decision (denial). I had written a 5 page "Rebuttal", but decided instead, that I'd sooner send a formal Notice of Disagreement (NOD). SO I changed the subjject from Rebuttal to NOD ...

At the US Post Office, I sent 2, letter sized envelopes (pre-made by the USPS).

The first copy I addressed to the AMC; the second copy to the BVA.

I paid for both: Prioroty Mail and Certified mail, which was supposed to get there in 2-3 days! It's been 8 days, and counting!

I'm really glad I decided to send the NOD, rather than the rebuttal, because the 30 day limitation was up as of yesterday!

Now the question: what are the VA Regulations on filing deadlines or statute of limitations? If I have proof of mailing within that time frame, does it count? What if the Post Office doesn't get my package there on time, but I have proof I mailed early???? ~Wings

[john999]

Wings

The VA post office looks like hell in a very small place. My VARO gets 10,000 letters a day. Imagine if you can one of those medieval paintings of the souls of the damned. That is the VA postal department.

[Wings]

Hey, Wings: the VA considers the day that it was mailed as the date in their custody, because they are a government entity. So if you had until 2/12/09, at midnight, to respond and mailed it at 4:59pm, it would be considered as timely.

pr

PR, NOW YOU TELL ME LOL ~Wings

I just spent another $20, and mailed this copy, "Express" (as in Pony, I guess).

I wrote a cover letter to the AMC, and told them I was sending a second copy because the first had not been received by their mailroom; and also that I wanted 38 CFR 20.900 to apply:

Rule 900. Order of consideration of appeals. (a) Cases returned to the Board following action pursuant to a remand assume their original places on the docket.

I'm getting OCD on them GRRRRRR!

While I was at the Post Office this afternoon, biting my lip, I left my folder there with MY copy in it. Got home, called them back, they said "don't see it". Go and look PLEASE, I ask them. They said it wasn't anywhere in sight! Sooooo, I put the petal to the metal, get there and lo and behold, right where I left it. Lord have mercy! I could have screamed. But I didn't. I HATE dealing with the VA!!! ~Wings over and out!!

[Wings]

Wings

The VA post office looks like hell in a very small place. My VARO gets 10,000 letters a day. Imagine if you can one of those medieval paintings of the souls of the damned. That is the VA postal department.

Like I said, I hate to imagine what it lookes like, OMG!

If a picture paints a thousand words, then that one should be published in the New York Times! ~Wings

[rentalguy1]

If it is not date stamped, in their hands by the deadline, it does not count. It doesn't matter if it is sitting in their mailroom, or at the USPS site. Until they actually open that envelope, and log it into the system, they have not "received" it. That can sometimes be overruled at the BVA and CAVC.