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Spoliation Destroying Or Removing Evidence In A Claim

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pacmanx1

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  • Moderator

Just want to know is there a deadline to file a claim for spoliation? I have several claims on remand from 1994 to 2004. Is there a guild line to writing a response?

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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  • HadIt.com Elder

My VARO has been losing my evidence for the last ten years. That is why I hand deliver it to them and get date stamped copies. They get 10,000 pieces of mail a day. Imagine some semi-retarded mailroom clerk sorting your letters to the VA." Duh....maybe the letter goes in this box, or maybe I just ought to throw it away"

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I used to send all my evidence and letters to VA by certified return receipt with the green card and normally it would cost about maybe 5 or 6 bucks but a few ratings ago I was running out of time and I had to send it overnight and the post office clerk asked me did I want VA to sign for it and I said yes. The post office then told me I could go on-line and check the status of the tracking number and when it was received. When I did it was not delivered so, I e-mailed the postal service and asked for an e-mail confirmation of delivery. The e-mail I got was a VA mail clerk printed name and signature. The whole thing cost about $13 and all has went well. If they say they lost it, I can prove I sent it in and they will have to give me credit for a timely response.

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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  • Content Curator/HadIt.com Elder

I send my letters doing the same thing as you and they have not screwed up yet (crossing fingers)

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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