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

[carlie]

Wings,

The cover letter AMC sent me was dated Dec 17,2008

The decision that came with the cover letter was dated Dec 18,2008.

The post mark on the envelope from AMC was Dec 22, 2008.

The post mark on my response letter to AMC was date stamped by hand,

right in front of me, bright red - huge round circle very clearly Jan 17, 2009.

There were also at least 2 Federal Holidays during my 30 day time limit to respond.

They were both weekdays so they do not count.

I am not worried in the least.

waves of calm come to you from Florida.

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 read 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.

The 5 day rule is standard in the legal community esp the Federal legal system, this includes the Supreme Court. If the date is 30 days from the date mailed or dated then you must wait for 5 days past this date before doing anything legal. Due 1 March, you can"t do anything legally until 6 March (excludes weekends and holidays.

If you have the cmrr dated no later than the 30 days from the date of the letter, your safe.

No cmrr or confirmation and it sits for 6 days in the mail room then your screwed (excluding weekends and holidays). If strapped for money always mail it confirmation which is .90 cents.

Sleep good, your safe

[rentalguy1]

everybody stop and think of how many times the VA has done things the way they are supposed to be done. It is true that they are supposed to count the post mark date. If there is no post mark, then they are supposed to count the post mark as 5 days prior to the date of receipt. Here's a scenario:

Deadline is 15 June.

Vet mails NOD on 10 June.

VARO mailroom receives NOD on 14 June and signs return receipt.

Inept mailroom employees leave NOD sitting in mail bin until 21 June before opening envelope. They discard the envlope with the post mark on it. That makes the date of receipt 21 June, and the inferred date of post mark 16 June, which missed the deadline by one day.

On 24 June the vet receives the return receipt that was signed on 14 June and thinks the deadline was met, so no action is taken.

On 15 July the vet receives a denial of benefits because the deadline was missed. The vet argues the case only to find out that they have to NOD the missed deadline

Eighteen months later the vet wins the NOD at the BVA because they had the return receipt.

You can search BVA decisions and find cases just like this over the last several years. Yes, the vet wins, but it can take years. If you are up against the deadline you need to get in the car and personally deliver the NOD to the VARO so it can be date stamped and logged into the system. Why take a chance on adding 1-2 years onto your claim?

[Pete53]

Although I believe that post mark means counting from the date of notification why do so many play with deadlines and put off to last minute?

I used to be involved in time sensitive postings so I made it a habit to make sure by posting earlier than I absolutely had to just in case.

As a matter of fact I have received many letters from VA many days later than the date inside the envelop.

So my advice is to try and make your goal the sooner the better.

[carlie]

rental,

The thread deals with mailings to BVA and AMC in Washington DC.

Getting this date stamped at the VARO doesn't play into it.

With what you point out I will contact the AMC and verify

their timeline of what I sent them.

Pete,

This thread is dealing with rebuttal to AMC and/or BVA,

I had 30 days to reply.

It arrived at my house the morning I was leaving for North Carolina,

the day after Christmas.

It was very difficult for me to work on and truly exacerbated some of my MH disabilities.

I went in and out of circles working on it daily.

I went thru SMR's, all Rating Decisions, NOD's, SOC's, SSOC's,

DRO Hearing Transcripts, BVA Hearing Transcripts and

all medical evidence I have from August 1976 thru Dec 2008.

This is why I was down to the wire.

Even tho I did work hard on it -- I am one of those people that

usually produce their best work at the 11th hour :)

carlie

[Pete53]

30 Days does not seem to be sufficient. I am sorry if my post offended in any way.