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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Department of Veterans Appeals

Appeals Management Center

1722 Eye Street NW

Washington, DC 20421

Board of Veterans Appeals

810 Vermont Avenue NW

Washington, DC 20420

Both of these Gov Bldgs have their own Zip Codes! No other towns or cities share the zip codes. These GOV Bldgs have their own mailrooms and/or post offices!! ~Wings

[carlie]

I agree with pr on the date.

carlie

[Wings]

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.

This is what I'm reading ...

38 CFR 20.305 Rule 305. Computation of time limit for filing (a) Acceptance of postmark date. 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 the Department of Veterans Affairs. In calculating this 5-day period, Saturdays, Sundays and legal holidays will be excluded.

[rentalguy1]

The problem with receipt is that it isn't considered received until it is opened and logged into the system. Who knows how long it will sit in that mailroom/PO until someone gets to it. I have seen this in several BVA cases. If the vet had the return receipt showing that the VARO did receive the NOD before the deadline they usually accept it. Use the search term "failed to file a timely NOD," in the BVA decision search and you will find a few that show this.

[carlie]

Well it's not just the date on the returned receipt that she has - she also

has a receipt showing when it was paid for and accepted by USPS.

My receipt also has the address of where it was being sent to and the REPLY/TO XXX

on it. I think she'll be OK ----

Wings... here's some calmness for you.

carlie

[ruby]

I disagree with PR and Carlie, I read it as POSTMARKED-that comes from the postal service you chose. If you did not send it by cmrr, confirmation of delivery then it is considered recieved 5 days prior to the date recorded by the VA as being recieved (this would account for the time lag in opening the mail).

If they send you something it is considered mailed the day it is dated-which we know isn't always true, I have many a correspondence from the VA where the letter stated one date but the enclosure was another date. Tricky, tricky. Keep everything

I can't see how the VA can be any different then the Federal Legal System which is the date of mailing (postmarked) not the date recieved.