Got The Dreaded Vcaa Letter And

[Guest Jim S.]

Read through the VCAA letter and form and just as I suspected, For a claim for reconsideration, it reads more like a new claim to reopen with new and material evidence.

Weather permitting, I am going into see my DVA Rep and give him an ear full and I may well pull his POA if I don't hear what I want to.

I plan to ask for a personal hearing with the Rating Officer to get one question answered and their too, if I don't get the answer I am looking for, I am withdrawing my claim for reconsideration and having my CUE claim reinstated. If they won't fix their mistakes, I will certainly try my best, to do it for them.

I think they just want to play around with me and hope I will go away, and that is not going to be the case, this time.

Any advise and/or suggestions at this stage would be helpfull, I think.

Jim S. :)

[Ricky]

Jim,

Was this the generic one recently sent out by VA of is it specific to your claim?

Ricky

[Berta]

That is a GREAT POINT Ricky-

I got one two weeks ago on my CUE claim.It didn't make sense and did not say which CUE claim.

Knowing that the BVA is questioning the way the ROs are sending and wording these so called VCAA letters- I copied the letter and corrected it and sent it back to the VARO-with more evidence for the CUE claim I think it is about- but not sure-

at the very least the VCAA says they have to identify the specific claim they are sending it on.

ROs are messing up big time on the VCAA letters. There has been discussion on other vet boards about it.

Jim- I am very curious-

did they actually say it was a VCAA letter?

Mine didnt but I think that is what it is.

Yet if so I never got one for the two claims they are working on now.

Three years plus and I never received a VCAA letter-on them- or if I did I thought it was something else.

My letter did ask for more evidence which I sent and listed 6 statements I had to respond to which I did.

It never mentioned VCAA. Berta

[LeroyJohnson]

I have received a VCAA notice response for every claim I have pending . When I asked I was told that it is standard that a VCAA letter be sent out and is pointed out in the information that comes with it that you are not required to sign or return it. If you have received one you will know it the letter head on it states in bold letters VCAA NOTICE RESPONSE

[Berta]

Interesting-

I read somewhere- forget where- maybe the VBM-

that a claim that is so obviously valid and service connectable will NOT require a VCAA to be sent if they begin working on the claim to adjudicate it.

I never got anything like this- a real VCAA letter-

6 claims , 3 filed three years ago-

but still I am fighting on the claims anyhow- so that doesn't make sense-but

I would think that a newly returning serviceperson with obvious war trauma-Iraq or Afganistan- would NOT receive a VCAA letter-they can file their claim while in the hospital-dont have to be discharged first.

What I got on my CUE claim recently said nothing about the VCAA-

I just remembered-

The VARO sent me a letter about a month ago saying that a VCAA letter would come on my CUE but that it was in "immediate developmental stage"

the recent letter didn't say anything about VCAA-

they asked for any additional evidence-which I had and I sent-

they also made 6 statements about the legal points of CUE-

They did not ask for response on that but I responded to each statement-

I clearly defined the regs they broke, how they did it, and why it altered the outcome of a 1997 decision.

The same stuff that was in my CUE. ??????

I mentioned they did not say which CUE so I covered both of them and sent them back copy of their letter-

with corrections on it too.

If this goes to the BVA I what the BVA to know how they screwed up in the very first steps they are taking to adjudicate this claim.

[gdsnide]

Yup, I got a VCAA letter on a claim I have going on.

It's for A & A for my Wife & I.

When I had to draw a pension I was on A & A 100% & if anything my problems are getting worse.

I had a letter from 2 VA Docs saying I needed A & A & one from an IMO.

I just marked the spot that said get done ASAP.

Then when they deny it again I'll send it along to the BVA & maybe they'll see things my way & then maybe not. lol

First time I have ever seen one of those.

GARY

[Guest Jim S.]

Sorry, I didn't answer before now, usually I just have to deal day to day with my current problems associated with what I have going on now. Now, for no apparent reason, I have had to deal with intestinal problems that one might associate with bad food, bad water, or a virus going around. Either way, it has left me without much energy to do much of anything, least of all, dealing with an uncaring VARO.

Berta and all, Yes this is spelled out as a VCAA letter with the generic information telling me, without telling me, what I need to submit to prove my claim and what they will attempt to get on my behalf.

They are giving me a choice of either, go ahead and rule on the claim with what they have or they will allow me 60 days in which to provide time to submit additional evidence, and also they added a release of information request letter, so they can request, what I believe to be my Social Security records. Only they say the the SS sometimes requires the VA to pay for the copying of these records and the VA does not pay, so I should also make the request as well and get the records myself. Talk about covering their Ass's

Anyway, can I ask for a hearing to submit this evidence in person and to inquire about the evidence they says that an alternative diagnosis was correctly supported and/or applied, since this is a claim for reconsideration, then the basis of the prior decisions should be looked at to make sure that thing were done correctly and legally in the first place. I just want to get them to call CUE on themselves, even though I know they probably won't.

Hearing Yes, Hearing No

Jim S. :)