Need Advice (ro Informed Me That They Now Lost My 1151 Claim)

[Bound4heaven]

Greetings,

I just talked to my VARO and was informed that my 1151 claim in not in there data base and has been lost.

I had a claim with many issues for increase (SMC) that was rated on Feb 02, 2006 and was told it was in authorization and then would go to finance. I filed a 1151 claim on Jan 24, 2006 after our meeting with the VAMC Medical Director. I was told a few days ago that my claim for increase had been pulled and sent back to developement to be joined with my 1151 claim (I have been waiting for 15 months for the rating on the claim for increase).

I took Berta's advice and did not withdraw my 1151 claim. I was told by the VARO that I probally would not receive the ratings decison for both claims for a year or more.

I did not sleep last night due to this foolishness. I once again callled them about 20 min ago, and now they are telling me that my 1151 claim is lost and not even in the VA database. I was asked when I sent it in. I informed this person of this ordeal and I was put on hold for over 1/2 hour until I get another supervisior that told me the same thing and that my increase claim is back at the rating office, I explained that my claim had already been rated. I was then informed is there anything else I can do for you. I hung up I don't know what to do. I know that the VAMC admitted fault in reguards to my 1151 claim. I am blown away. Just when you think you have seen or heard it all from the VA.

[john999]

Do you have proof you filed the 1151 claim?

[Bound4heaven]

Do you have proof you filed the 1151 claim?

John,

Yes I do (Green Card). I was having conservations with the VARO on my 1151 claim for the past 2 weeks. They informed me they received it and that is the reason they pullled my claim for increase that was already rated and headed for finance and they joined it with my claim for 1151.

This is and I bet I can speak form many veterans is not uncommon. I can say Yes I have return signature from USPS, however they can say we lost it. I find it amazing they had it one day and the following day I call again for clairfication and it's gone. Where did it go? I have a good idea and I am calling the VARO tomorrow and I will not be satsified until I get an answer. I refuse to allow the VA to treat me this way.

[Guest jstacy]

How convinent thay lost the claim. I had the same answer 2 days ago for a Hypertension claim.

Make a copy of the return recipt and write a letter to the VA ( IG). Ask him to investigate negligence on the part of the rating office for losing a claim. They have not denied recipt. What irks me is that the computer used has a file that actually contains the claims information. Make an appointment with your SO to go and visit the Regional office and view the claims folder. If you have to re-copy the claim, do not allow thenm to waste time by starting over. ( Get your congressman involved) Congressman can speed up the process. Go to your congressmans website and fill out the request for assistance.

[Guest Berta]

I would re-file the claim but send it Attention: Director of the VARO and ask them not to lose it again-

They did this stuff to me many times years ago- I started using multicolored flouescent PC paper-

they still 'lost' some stuff---

Then I started sending copies to the Sec of the VA in Washington, my Congressman and my two state Senators-noting this as CC: Jesse Brown, Cong. Houghton, etc on the bottom of my submissions-and the VARO Director- they then stopped losing my stuff-

When I saw my c file years later the 'lost' stuff- one a very important doctor's report- was all in the c file.

1151s---- they can be very abritrary and capricious on these claims-

this is the main reason I am having problems with my VARO-

My main claim is based on a misdiagnosis. And my Sec 1151 DIC is for other misdiagnoses-

they will do what they can to try to get out of 1151s.

You have good evidence so just hang in there-

By the way all- if you have doubt as to where your c file is- as the 800# vet rep to go to the COVERS screen.

Berta

[Bound4heaven]

I would re-file the claim but send it Attention: Director of the VARO and ask them not to lose it again-

They did this stuff to me many times years ago- I started using multicolored flouescent PC paper-

they still 'lost' some stuff---

Then I started sending copies to the Sec of the VA in Washington, my Congressman and my two state Senators-noting this as CC: Jesse Brown, Cong. Houghton, etc on the bottom of my submissions-and the VARO Director- they then stopped losing my stuff-

When I saw my c file years later the 'lost' stuff- one a very important doctor's report- was all in the c file.

1151s---- they can be very abritrary and capricious on these claims-

this is the main reason I am having problems with my VARO-

My main claim is based on a misdiagnosis. And my Sec 1151 DIC is for other misdiagnoses-

they will do what they can to try to get out of 1151s.

You have good evidence so just hang in there-

By the way all- if you have doubt as to where your c file is- as the 800# vet rep to go to the COVERS screen.

Berta

Berta,

Thank you for your response. I have a question. If I resend my 1151 claim in again, what is going to stop the VA again to pull my current claim for increase and join with the calim that already has been rated. Is there a Federal Reg that states they must finished one that has been rated? I do thank you.

[Testvet]

you can refuse to be treated that way, but be careful how you say things in the VARO building they do have secuirty guards and you reallly do not need the headache of being banned from the VARO without a police escort. It is really a hassle, as far as the green card showing someone at the VARO signed for an envelope, that is all it proves, it does not prove what was in the envelope, so that is really not comsidered submission evidence thats why I say it is best to hand carry they paperwork to the VARO or to the Service officer and make them give you a dated receipt and copy of the paperwork you submitted to them to process on your behalf, because when it comes down to it you may end up suing the service organization for mishandling your claim in state court.