Date Of Form 9

[mariahgale]

It has been a very long time since I have been on Hadit. Needed a lot of time away from my appeal at the BVA - you know what I mean.

Anyway, I have a big question for the "experts."

Somewhere I read (not sure if in the CFR 38 or in a BVA ruling or where?) that the VA assumes that any notification from them will be received because the VA has confidence in the US mail. In other words, if they say they sent a notification, then a veteran cannot claim not receiving the notification. Am I making sense??? Does anyone know about this? Where can I find this "regulation?"

I sent in a Form 9 concerning an appeal to the BVA with three issues. One issue was resolved, so I assumed the other two went to the BVA 18 months ago. I received the decision a week ago, but it onlu addressed one of the two issues. My RO says it is because I did not get my Form 9 in on time and the third issue was "closed." I waited 18 months to find out that my main issue was not even looked at. Is there any regulation that covers the assumption that if the veteran says they sent in the required information and has a copy of the information, that the ruling shoud go to the veteran?

I really appreciate any assistance.

Great to back . . . now if I can just figure out how to use this new board! (How do you delete old messages? I could not find this information.)

Linda

[Berta]

Linda- do you have proof of mailing -certified green card, Priority tracking slip, ??? anything?

Did you have an NSO or vet rep at the time you sent these appeals to the BVA?

Is it the BVA themselves that stated the appeal time was over on those issues?

Do you have -on your computer- copies of and the date you typed the appeals?

There might be a way to be able to print off a page from your document file that shows the actual date you typed the appeals-and then - why would you not mail what you typed- know what I mean?

In my document file where all my VA stuff is -there is a hard drive list with the dates they went on the hard drive-

There might be some way you can prove you sent these appeals to the BVA.

Berta

Berta

[mariahgale]

Hi Berta, good to hear from you.

No, I do not have anything to verify the date of mailing - I should know better by now! However, I do have the name, emails and notes of dates and times I spoke with a person at the RO about my Form 9. I, also have emails asking for confirmation of receipt of my Form 9, but did NOT receive an answer until after the one year time frame had expired. The person said she looked for my letter, but could not find it. Note: the letter was addressed to her "attention" and she was on vacation at the time of the mailing.

She told me to resend certified mail. She did recieve that "copy" of the original. She told me she didn't know what she could do for me even though I have THREE documented times, in my C-file, when the RO has either failed to put my claim with my file in a "timely manner," lost my complete four volume file, or placed a 100 page appeal with documentationin the wrong section of my file with no action taken (it was found a year later by the women veterans coordinator). As I stated, these are all documented in my claims folder and acknowledged and apologized for by the RO. Note: the three times I have physically checked my claims file, I have found other veterans' information misfiled in my folder!

No, I do not have a rep or POA - I fired the American Legion a few years ago because they were one of the reasons my 100 page calim was "misfiled." Plus, the reps around here have a real problem dealing with "female" issues!

I was notified that the issue had been closed several months before my claim was sent to the BVA. I sent a letter stating the information I have given you (with more detail) and that I felt it was unfair that the VA could assume the US mail delivered their notices to me on time (regardless if it was received), but I was not granted the same assumption. The only way I can guarantee receipt is to send with a "return receipt." This get expensive and the VA does not reimburse for mail costs!

I never heard anything back about the "closed issue," so (like a dummy) I assumed the issue went to the BVA with the rest of my claim. It was not until I received my BVA decision last week (18 months later) that the "closed issue" had not been sent by the RO.

Unfortunately, my computer got "sick" several months ago and did not "recover" completely. All my personal files "died."

I spoke with the RO last Tuesday and she said she would have to look at my file and get back to me. I called again yesterday and was told my claims folder had NOT been received back from the BVA yet??? I had spoken to the BVA last Tuesday, also, and was told they could not do anything for me because my claims folder had been sent back to the RO the same time my decision had been sent to me - March 16th. I cringe to think the RO has "lost" my claims folder, AGAIN!

Sorry to be so long winded, just never thought this would happen. Grrrrrrrrrrrrrrrr....

Linda

[john999]

After requesting in writing that my TDIU claim be sent to the DRO I asked to see my C-File just to see what was in it. I found out that my file was getting ready to be shipped off to the BVA. Right there in my C-File was a copy of the letter from me to the VA asking for the DRO. You just cannot assume anything with these people. I got the situation fixed but it was really by accident. I had all my receipts for documents sent to the VA and yet they were still going to ship my claim off to BVA Neverland. I now check to see if every document has arrived and the status of any claims I have. I check on the status about every 3-4 weeks and it has saved me months and months of time with VA screwups. Just remember these people do not care a hoot what happens to you or your claim.

[Berta]

Boy John-

mine c file was a real winner too

all the stuff they lost was in it and more I didnt know about-

I call them every week.

Just heard my CUE is with adjudication as of 3/28/06, they received more evidence on it last week, and apparently they decided my AO claim in January-3 authorizors had it and someone had to sign off- and I will not know any decision yet because the VACOLS screen says 930-pending.

930 code usually means End Product.

They are almost done with my main AO claim and one of my CUES.

Well- if it isnt what I want ---they are NOT done.

I got a 930 pending too ---with them! if you catch my drift!

Edited March 30, 2006 by Berta

[john999]

Berta

With what you know about DIC and Section 1151 it is too bad you could not turn that into some kind of business helping widows get what they deserve. I think many, many widows are being screwed out of DIC because of lack of knowledge and help. Just think of what you have gone through and imagine some less able widow trying to get benefits for a husband the VA killed through negligence or neglect. I guess this still falls under the prohibition of getting paid for helping vets do their claims since you would be acting as the suvivors lawyer in fact. I don't think it is wrong to get some kind of compensation for doing this kind of work because it demands a lot of effort and knowledge. I think the VA takes advantage of survivors when they are the most vulnerable. I think the same thing goes for claims in general. I would have paid for really expert help with my claims. I got the expert help here at Hadit but even then it was not easy, and I made crucial mistakes along the way that cost me.