Earlier Effective Date Question

[majrrich]

I have just been denied an earlier effective. Briefly I went to the AL VSO in Aug 2006 and filed my claim they never submitted it finally I sent another claim in direct to the VA Jan 2007 and was just granted disability back to Jan 2007 and denied the earlier date. VA said they had no record of receiving a claim before Feb 2007. I have been going over my records I have three emails I sent to IRIS Sep 2006 Oct 2006 and Dec 2006 asking about my claim. basically they said it was never received which it wasnt because of a lousy VSO.

My question does my email requesting information on my claim constitute a Informal Claim since I technically notified the VA about my claim.

I am preparing a NOD I get no response fronm the VSO about why my claim was not submitted but since I senst three emails to the VA will that help get a earlier effective date

Thanks

[Berta]

If you filed the claim in 2006, through a VSO there would be copy of what they filed in the VSOs file on you-

and you would have received a VCAA letter within 3-6 months after receipt by VA of the claim.And also "we have received your claim blah blah" letter-

I hate to stress this point strongly here but we MUST be proactive -whether we have a vet rep or not!

Since the rep advised filling a DD 149 to correct your name-he/she might have felt that was first step to do- because why file a claim if the name on your records is wrong.

Would the rep sign a statement that he did in fact file the claim for you in 2006?

It is possible that he did and the VA lost it.I agree that you should have reacted very quickly to the Iris replies that they didn't have your claim.

[CRYPTOTECH]

If you filed in 2006, both your Rep AND VA should have a record of it. If neither one of these have it it didn't happen. The chance of neither one having a copy is 1 in 1000000000000000000000000000. Maybe you thought you filed but filled out something else. Maybe it was the name change form you were filling out and never filled.

Frank

I have just been denied an earlier effective. Briefly I went to the AL VSO in Aug 2006 and filed my claim they never submitted it finally I sent another claim in direct to the VA Jan 2007 and was just granted disability back to Jan 2007 and denied the earlier date. VA said they had no record of receiving a claim before Feb 2007. I have been going over my records I have three emails I sent to IRIS Sep 2006 Oct 2006 and Dec 2006 asking about my claim. basically they said it was never received which it wasnt because of a lousy VSO.

My question does my email requesting information on my claim constitute a Informal Claim since I technically notified the VA about my claim.

I am preparing a NOD I get no response fronm the VSO about why my claim was not submitted but since I senst three emails to the VA will that help get a earlier effective date

Thanks

[majrrich]

Here is the Problem. Filed Claim Aug 2006 with AL. My name was spelled wrong on the Stressor (Bronze Star). He said I needed to get it corrected. I informed him I had a corrected copy I faxed it to him. I had it corrrected in 1969 2 years after I left the service. After that I was una ble to either reach him or get an answer from him. When I fired him I had them send all my paperwork. My orginial claim from was never date stamped by the VA only one stamp American Legion Aug 2006. There is no doubt the AL dropped the ball and I was too naive to act quickly enough as I said; once I took charge and sent the paperwork myself I managed to get my SC'D back to the date that I sent the claim not when the AL was supposed too

The VA is not at fault here

to this date the AL has never responded to my requests as to why they never submitted it.

I filled out a statement requesting to open a claim

[broncovet]

I recommend:

1. Filing TWO written requests for your C file...one each in both spellings of your name.

2. Again, the VARO is 100 times MORE likely to loose or shred your claim than your VSO, so file a special handling request...you can include the possibility that your VSO mishandled your claim as well as the VARO, if you think either is a possibility.

You want to CYA, so do both these things, then, when a copy of your cfile arrives, which will be months/years, you will know much better what is going on. AGAIN, if you went to a VA doc and told him that you were depressed, that is an INFORMAL claim for depression (or other conditions) so follow the exam up with a formal claim. On your formal claim, MAKE NOTE THAT THIS IS THE SECOND TIME YOU APPLIED FORMALLY, THAT THE FIRST TIME WAS ............. DATE, AND THAT YOUR CLAIM WAS MISHANDLED EITHER BY THE varo OR THE vso.

Remember, the VSO's and VARO's "share office space", that is the VARO gives "free" rent to VSO's probably in exchange for an "attitude adjustment" on the part of the VSO

toward the VARO. In other words if a guest is staying in my house, eating my food, using my electricity, HE had better not bad mouth the hand that feeds him!

Edited June 6, 2009 by broncovet

[majrrich]

Thanks for the Advice. I was not aware that the diagnosis from the VA Dr. could be the informal claim. If that is the Case. I was diagnosed in July 2006 by a VA dr. and a Pvt Dr.

So if I understand you I can send a NOD citing the date I saw the VA Dr. and was diagnosed as an informal claim and then the date the VA received my formal claim Jan 2007. I have all the VA Medical Records I will start tonight

Thanks to all my VSO says he cant tell me anything because I no longer have a POA.

[CRYPTOTECH]

An informal claim is a handwritten letter letting the VA know you want to file a claim. Just by seeing your doctor and telling them your depressed does not constitute an informal claim by any means. You can get back pay back to when you filed your informal claim. The retro would not go back to when you told your doctor you were depressed unless you filed before then. A formal claim is a filled out claim form submitted to the VA or your Rep. As far as retro they both are the same.

Frank

I recommend:

1. Filing TWO written requests for your C file...one each in both spellings of your name.

2. Again, the VARO is 100 times MORE likely to loose or shred your claim than your VSO, so file a special handling request...you can include the possibility that your VSO mishandled your claim as well as the VARO, if you think either is a possibility.

You want to CYA, so do both these things, then, when a copy of your cfile arrives, which will be months/years, you will know much better what is going on. AGAIN, if you went to a VA doc and told him that you were depressed, that is an INFORMAL claim for depression (or other conditions) so follow the exam up with a formal claim. On your formal claim, MAKE NOTE THAT THIS IS THE SECOND TIME YOU APPLIED FORMALLY, THAT THE FIRST TIME WAS ............. DATE, AND THAT YOUR CLAIM WAS MISHANDLED EITHER BY THE varo OR THE vso.

Remember, the VSO's and VARO's "share office space", that is the VARO gives "free" rent to VSO's probably in exchange for an "attitude adjustment" on the part of the VSO

toward the VARO. In other words if a guest is staying in my house, eating my food, using my electricity, HE had better not bad mouth the hand that feeds him!