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

[ruby]

Pete, it didn't offend me so I am sure it didn't offend anyone else.

Nope 30 days isn't long enough

[halos2]

Wings, I feel your frustrations. The VA and the BVA etc have the tendency to write a letter/document/statement and yet fail to mail it timely to the vet. Tic Tock the clock start with the date of the notification document...so the the vet receives it 7,8,9,10 days or more later but he/she has the 30 days of the letter...tic tock the vet has to rush gather all info formulate the rebuttal and send it out timely "Certified" "Registered" and sometimes overnight, but the VA,BVA,or whoever can't find it...

the vet scrambles as they have yet to receive their confirmation/receipt it arrived. So the delima begins...this is so typical. I have had this occur, and the day of doom(last day to receive) I have had to fax copy to my VSO and he personally walked it across the hall to VA(that is where mine needed to go), and days later the confirmation arrives of coarse 2 days post doom date.

My VSO meanwhile kinda chewed me out for my timeline(half assed nicely) but he told me "Don't let them have any ammunition to use anything against you". Oh coarse the postmaster said we can't do anything about it if it doesn't arrive in time....we always try but there is no Guarantee...well can I have my money back? No it was delivered. Bull hockey!

This is so true of the mail, 2 weeks ago vets did not receive their meds from Kansas City to hundreds of Quincy Il vets. Well the large push bin was the last one on the semi and someone thought it was the first to be placed on, so the truck filled up and the meds went to St Louis then to Arizona, and New Mexico finally 10-11 days later the vets get 10 days worth of meds overnighted to the vets, and the postoffice track and find the meds...meanwhile some did without their meds, K.C. thought the vets were trying to pull something over and did not want to send out more meds...congress personal got involved...the post office said we do our best, sometimes errors happen...

I would push it and if needed get congressman/women involved esp living in Ca where Filmer lives.

It gets so old fighting with every bureaucratic avenue of the government to hold them accountable. We do everything to the letter/law/regulation and still get shafted.

Fight this. Maybe they will realize YOU WERE TIMELY, and it was out of your hands. The best to you Wings. We all walk along side of you with your battles.

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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

[rentalguy1]

Carlie: substitute the word BVA/AMC for the word VARO in my post. It's all the same.

[Wings]

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

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AMC decided my Claim 12-01-08

AMC mailed Decision and SSOC 1-13-08

I received the AMC Decision 1-16-09

I mailed my Rebuttal 2-04-09

I sent my mail "priority" and "certified". To date, what was supposed to take 3 days to go from California to Washington DC, has been on route a total of 10 days!! 3o days is NOT ENOUGH TIME FOR THE VETERAN!!

Edited February 13, 2009 by Wings

[carlie]

Wings,

Did you get a receipt for the certified mail with the date

and address on it ?

cg,

Lot's of holes - water leaking all over :)

carlie

[free_spirit_etc]

USC 7105 - Sec. 7105 (<_<(1) states “A notice of disagreement postmarked before the expiration of the one-year period will be accepted as timely filed. “

This is also reflected in CFR 38 - 20.30520.305 (a) Computation of time limit for filing, which states:

”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.”

M21-1 MR, Part I, Chapter 5, Section B 4 Time Limits for Filing an NOD

a. NOD Time Limit directs “If the postmark date is prior to the expiration of the NOD period consider the NOD timely filed, and retain the postmarked envelope…”

CFR 38 - 20.30520.305 (a) Computation of time limit for filing, states:

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.

M21-1 MR, Part I, Chapter 5, Section B 4 Time Limits for Filing an NOD

a. NOD Time Limit directs “If the postmark date is not of record, presume the postmark date to be five days prior to the date VA received the NOD, excluding Saturday, Sundays, and legal holidays.”

CFR 38 - 20.30520.305 (a) Computation of time limit for filing, states:

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.

CFR 38 - 20.30520.305 (B) Computation of time limit states:

“In computing the time limit for filing a written document, the first day of the specified period will be excluded and the last day included. Where the time limit would expire on a Saturday, Sunday, or legal holiday, the next succeeding workday will be included in the computation.

M21-1 MR, Part I, Chapter 5, Section B 4 Time Limits for Filing an NOD

a. NOD Time Limit directs “If the postmark date is not of record, presume the postmark date to be five days prior to the date VA received the NOD, excluding Saturday, Sundays, and legal holidays.”

It IS important to send it by UNITED STATES MAIL!!!!

I have read several CVA decisions that dismissed an appeal because it wasn't received by the due date - and though the claimant had proof of sending it before the due date, it was Fedex or UPS -- and the CVA went strictly by the United States Mail POSTMARK or Proof of MAILING rule.

They dismissed the appeals - as they were sent by another method.

On the USPS tracking webpage - if you click additional info - it will usually show you the exact date and time your package / letter was accepted at the post office - and sometimes where it went along the way. It most often shows when it arrived at the "delivering unit" (the post office that delivers to that address.

Also keep your receipt - the actual printed receipt - you get from the Post Office. That shows the WEIGHT of your item -which can help substantiate WHAT you mailed.

If your appeal package had so many pages that weighed so much and your receipt says what you sent weighed that - it is more evidence. I haven't actually seen that used. But since some people say a certified mail receipt only shows THAT you mailed something -not WHAT you mailed - I do think the evidence of weight can be an important thing to keep.

Keep on the post office about getting things scanned.

I sent a letter to Social Security by certified mail on December 17, 2008. It arrived at the delivering unit December 19, 2008. It has still not been delivered. I do not think this was a case that the SS office pretended not to get it. The judge wanted the info. He had EVERYONE search their desk and files to see if they had it. And they called me and asked me to bring another copy.

I sent a certified letter to the VA on January 24, 2009. It arrived at the delivering unit on January 26. It has still not been delivered.

The post office keeps giving me all kinds of excuses - "It will probably be delivered today, check back..." " --- They probably got it and we just forgot to scan it...." And -- the mail room story -- The story that the VA, Social Security, and businesses have PO boxes and mail rooms and whomever picks the item up FORGETS to get it scanned.

????

I question them on that. You mean I pay YOU to deliver it certifed and get proof of delivery - and you just stick it in their box and leave it up to THEM to sign the receipt and give it back to you??

They say -- No... but then why do they keep giving me the excuse that the person that PICKED up the mail probably "forgot" to sign for it.

I was also told that the businesses and government offices don't sign EACH receipt - that they just sign one for the whole lot - and so the post office assumes theyhave all been delivered.

I have no idea what that is all about.

I keep filing online requests for updates on my lost packages - and making them look for them and get back with me.

It hasn't helped them find them - but I still keep throwing the accountability back in THEIR lap. "I paid YOU to deliver this and get a signature - please look for it and tell me where it is."

They will never admit it was lost. They keep telling me it was either delivered and it is someone else's fault that the receipt wasn't signed - or that it is still hanging around somewhere waiting to be delivered.

Free