Letter About Appeals

[JayBrown1]

UPDATE:

Got a letter today for a C&P exam on Tuesday for 4 year old appeal. What do you think

will happen now? Especially since they told me my appeals had been established in the

appeals program.

Has anyone ever got a letter from the VA that stated:

"Your appeal is established and acknowledged in our development/claims tracking program.

However, your appeal hasn't been established in the appeals program. We apologize for any

inconvenience that this oversight may have caused.

A copy of this inquiry has been forwarded to the appeals team to ensure that your appeal

is established in the appeals program."

They have had my appeal for over 4 years now and told me last year that it was near completion.

I called them on July 6, 2009 to inquire about and was told they didn't see it in the system.

I got an iris the following week stating that my appeal was still being work. Then today I got

this letter stating the above. Can anyone makes sense of this?

Can anyone tell me what this means?

Edited September 3, 2009 by JayBrown1 (see edit history)

[Berta]

What I think this means is unprintable here!

Do you have a vet rep?

This almost sounds like shreddergate to me-

or the MF scenario (Mysterious Force who removes stuff at the ROS and then puts it back -after they deny-)

Something is drastically wrong here-

I suggest you contact their director's office- if you give me the same of this RO I might have some internal phone numbers you can use.

4 YEARS? I see you are 90% so I assume this is a TDIU claim?

When did you file the TDIU form?

(I wonder if they lost it or just a case of a digit stuck in a rectum-this stuff really upsets me-that Iris reponse- SAVE it-it is a beauty -a good example of VA's way of saying they dont know what they are doing.)

Is this the Montgomery ALA VARO?

Ric RAndle Director

1-334-213-3400

Fax 1-334-213-3407

Amy H8ill VSMC 1-334-213-3458

Bert Depue AVSCM 1-334-213-3458

Keith McQuaid AVSMC 1-334-213-3501

Also-I suggest that if you send another Iris-send it under the Complaint Icon at the Iris link.

And I think you should try to get a vet rep with an office in or near this VARO- if all the rep can do for you is to find out what is going on with this claim-it would help-

I sent the Buffalo VARO a scathing Iris when they messed up my BVA award.

The VSMC told me in Iris that my case went right into the appeals team with the Iris I sent them.

A month later I found out he (the VSCM) lied- and I called the director-

I was then told my claim went right into the appeals team-that day- it had not moved at all after the VSMC said it would.

Irises can become Evidence when we need to prove that VA has denied us our rights or lied to us.

Edited August 22, 2009 by Berta (see edit history)

[john999]

They lost your appeal and would never have found it if you had not inquired is my take on it. It was sitting somewhere gathering dust. Was this appeal at the VARO or was it supposed to be certified and go to the BVA? What kind of appeal was it? Four years??? That is just what we were talking about with due process being violated. That is a violation of due process.

[Bonzai]

WOW, it is things like this that scare me, and make me glad that I retained a NOVA lawyer. Because hopefully, he will be knowledgeable enough to follow-up on my claim, once the waiting period (what else do you call the backlog delay) is over. With the recent ruling of the VA having to give veterans due process, I'm sure the NOVA lawyers are just drooling at the possibility of more malfeasance on the part of the VA. jmo...

[myround0]

If the VA pushed for their Officers to get the claims right the first time, they wouldn't have such a huge backlog. From what I understand they have a policy inplace, to only review cases after they have had them in hand for six month. That is a joke and it has contributed to their own undoing.

VA Secretary Shinsiki should follow Pres. Obama lead and have a wholesale firing of Veterans Service Center Managers, who's centers continue to underperform. VSCM are a start, as OTHER SENIOR MEMBERS SHOULD BE WARNED TO SERVE THEIR CUSTOMERS HONORABLY, OR RISK BEING FIRED...

[Commander Bob]

In the old days they would say that it fell through the cracks, and that it was an exception to the excellent service they provide our veterans. Then you would be labeled a disgruntled faker & get a remand or a denial. I hope things are getting better, now a days. Please keep us posted.

Edited August 23, 2009 by Commander Bob 92-93 (see edit history)

[broncovet]

My interpretation of your letter:

"You are screwed. There is nothing you can do about it, so join the other millions of Veterans whose promise was broken by the VA."

I say do something about it anyway. Rattle cages. Show them you wont quietly go away. Start in this order, giving about 2 weeks before progressing to the next step:

1. Send an IRIS email and explain situation.

2. Send a 21-4138 and explain situation.

3. Get your VSO to do the same. File a "Special Handling Request" due to lost/shredded documents before Nov. 1. 2009.

4. Call the toll free number and ask for explanation.

5. File a "notice to file writ of mandamus" with your VARO

6. After 60 days, file a writ of mandamus.

Edited August 24, 2009 by broncovet (see edit history)

[JayBrown1]

My interpretation of your letter:

"You are screwed. There is nothing you can do about it, so join the other millions of Veterans whose promise was broken by the VA."

I say do something about it anyway. Rattle cages. Show them you wont quietly go away. Start in this order, giving about 2 weeks before progressing to the next step:

1. Send an IRIS email and explain situation.

2. Send a 21-4138 and explain situation.

3. Get your VSO to do the same. File a "Special Handling Request" due to lost/shredded documents before Nov. 1. 2009.

4. Call the toll free number and ask for explanation.

5. File a "notice to file writ of mandamus" with your VARO

6. After 60 days, file a writ of mandamus.

Got a letter today for C&P exam on Tuesday for these appeals after all these years. What do

you make of this development?