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Questions About The Process Of My Appeal


iraqx2
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Question

I'll describe this simple and short, I am trying to figure out the status of my appeal with the VA.

Here is the timeline-

1. Dec 2007, I had a C&P initiated by the VA to check on the status of my back and PTSD compensated disability( awarded since 2005 ).

2. Feb 2008, a decision was made to keep the rating " unchanged "

3. File NOD on June 2008 contesting the " unchanged " rating. My condition has worsen and the rating should have been increased.

4. Received notice and SOC on Oct 2008, NOD denied. I would keep my rating.

5. November, filed form 9 and appeal to BVA.

6. Since filing the appeal, the VA sent me to another C&P Evaluation and I also submitted my own IMO. These two new evidence was submitted after filing my form 9 in November.

I have waiting on a decision ever since. Now just last week, VA sent a Sanchez- Flores VS Peake letter, requesting if I have any new evidence. I drove the letter to the VA and signed off that I do not any more evidence, please resolve my appeal. A day later, I got another letter packet labeled VCAA asking if I have any more evidence and the other generic VA memos that they are working on my appeal. Since they did not list the C&P exam and my own IMO that were submitted the " the things that we have " ( they only stated the SOC letter on the denial and my form 9 ), should I submit the two copies again to them?? These two latest letters appear to have language such as " within 30 days and as soon as possible ". Yea right.

Do you guys think the decision is soon to follow? My concern is that they don't have my two evidence ( or have it but was too screwed up to say so ). What stage is my appeal at??

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  • HadIt.com Elder

I would resubmit the evidence and state that VA did not include it and you are worried that it was spoilated. This word is like a sharp sword it really gets them hopping

Edited by Pete53
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You have defined the two edged sword of the VA response letters-

No matter how you respond-if the VA fails to acknowledge your evidence-

they can chose to ignore it again.

"I drove the letter to the VA and signed off that I do not any more evidence, please resolve my appeal."

also

"My concern is that they don't have my two evidence ( or have it but was too screwed up to say so ).

I believe that veteran's when they respond to that letter-should type right onto the letter a description of the evidence they have already sent to VA as well as describe any other evidence they are enclosing and attach it to the letter.

The VA has manipulated these letters to mean that

'we arent acknowledging your evidence-so even if you sent us plenty- when you elect us to go ahead with the evidence

you already sent in, we will again deny your claim because we can say that we dont have it'

my opinion only- but I think the entire VCAA and DTA has to be revisited by the VA.

Years ago the VA developed a mandate by which VA letters would be easier to understand.

However, the VA ended up in double talk anyhow and has skillfully manipulated these response letters.

"Since they did not list the C&P exam and my own IMO that were submitted the " the things that we have " ( they only stated the SOC letter on the denial and my form 9 ), should " etc

That sure concerns me-I have been through that type of many times -

what VARO is this?

I am sure I have some phone numbers and fax number for them-

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It is the Philly VARO. I will swing by again. Go see my VSO and submitted the evidence by hand again. Like many on this site, this is such an burden and such a wicked game they play.

Thanks Berta.

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  • HadIt.com Elder

If you filed a Form 9 in November of last year, you still have a long wait ahead of you. You probably won't get a docket number for several more months, and your case probably won't be heard by the BVA until some time on 2010. BVA appeals are taking up to two years for a decision. If you submit any new evidence, or change representation at this point, it will slow the process. If you don't respond to this VCAA notice it could screw up your claim. Sign it, and send it back certified mail, return receipt requested.

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Philadelphia VARO

Director (as of May 2008)

Thomas M Lastowka

1-215-381-3100

Fax (1-215-381-3489)

VSCM Lillie Jackson -1-215-381-3021

AVSCM Lucy Filipov 1-215-381-3095

AVSCM Leslie Bartee 1-215-842-2000 Ext 3019

AVSCM Eileen Kostic 1-215-842-2000 Ext 4292

AVSCM Carolyn Miller 1-215-842-2000 Ext 5004

APMCM Gary Hodge 1-215-381-3095

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Thank you so much folks. I will drop by the VA tomorrow.

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