Questions And Answers About Document Shredding Incident

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http://www.vba.va.gov/VBA/SpecialProcedures_qa.asp

Information About Document Shredding Incident

Questions and Answers About Document Shredding Incident

1. What happened?

An audit of mail processing procedures at four VA regional offices by VA's Office of Inspector General (OIG) found 36 claims documents had been inappropriately placed in shred bins for disposal. VA immediately ceased all shredding activities while a nationwide review was conducted of all documents in shred bins. Approximately 500 documents that could potentially affect a claimant's entitlement to benefits were found improperly placed in shred bins at various regional offices. These regional offices are taking appropriate action on all of the documents found.

2. What is VA doing to keep this from happening again?

VA has established tighter controls over all claims documents and conducted special training for all employees who process veterans' applications. All regional office shredding equipment and operations are now under the strict control of the facility records management officer. Every employee has been given a separate receptacle for all papers determined appropriate for shredding. These receptacles are subject to review by supervisory personnel and the records management officer. Before any duplicate claims document can be shredded, it must now be reviewed by two persons and the facility records management officer.

3. How do I know if any of my claims documents were destroyed?

You may contact VA on our toll-free number, 1-800-827-1000, or send an inquiry through IRIS.VA.GOV. You may also review your claims folder at your local regional office. VA electronically tracks documents for currently pending claims and can verify receipt of your documents through its tracking system. VA also retains your claims applications and supporting documents in your VA claims file. Public contact representatives will review VA's record systems to verify receipt of applications and supporting evidence.

4. What is VA doing about missing documents?

VA has special new procedures to assist claimants in establishing that an application or other claims document was previously submitted to VA, but was not properly acted upon by VA or retained in the veterans' claim record. The special procedures cover any missing documents submitted by a veteran or other claimant during the 18-month period immediately preceding the date VA ceased all shredding activities, or between April 14, 2007 and October 14, 2008.

VA will process any missing applications or evidence resubmitted under these special procedures as if they were received on the date originally submitted, as identified by the claimant. Claimants have one year, or until November 17, 2009, to file previously submitted documents under these special rules.

5. If I believe that some of my documents are missing, what should I do?

If VA does not currently have one or more of the documents you submitted between April 14, 2007 and October 14, 2008 in connection with your claim for VA benefits, you should submit a request for consideration under VA's Special Claims Handling Procedures for Missing Documents.

6. How do I submit a request for consideration under these special procedures?

If you submitted an application or other supporting evidence between April 14, 2007 and October 14, 2008, and you believe VA does not have the document, you should submit a request for consideration under VA's Special Claims Handling Procedures for Missing Documents. Your request should be made in writing and sent to your local regional office or through your veterans service officer.

Your request should include the date the document was originally submitted to VA. To support your statement, please include copies of any of the missing documents, if available, such as a copy of your application form, a dated transmittal or cover sheet from your veterans service officer, or confirmation from the mail deliverer.

VA public contact representatives are available to assist anyone desiring to file a claim under the Special Claims Handling Procedures for Missing Documents. You may call our toll-free telephone line (1-800-827-1000) or visit any of VA's regional offices for assistance.

7. What if I don't have a copy of the previously submitted document(s)?

If the missing document is a completed application form for VA benefits, and you have not yet re-filed that application, you should complete another application form and submit it with your request for consideration under the Special Claims Handling Procedures for Missing Documents.

If you have already resubmitted your application form, but want VA to consider that application from the earlier date of your original submission, you should state that in your request for consideration under the Special Claims Handling Procedures for Missing Documents.

If the missing document is a VA or private medical record or other supporting evidence, please provide as much information as possible to specifically identify the missing document. VA will assist you in obtaining a duplicate copy.

8. What if I submitted my claim through my Veterans Service Officer?

If you think claims-related documents submitted through your representative were lost, you should contact your representative to obtain more information. If your representative has a copy of the evidence previously submitted, you may submit that documentation along with your request for consideration under VA's special claims handling procedures.

9. What if I have new evidence to submit?

If you have additional evidence related to your pending claim that you have not previously submitted, please send that evidence to your local VA regional office as soon as possible. VA will consider that evidence along with all other evidence in making a decision on your claim.

10. How long do I have to submit a request for consideration under the Special Claims Handling Procedures for Missing Documents?

You have until November 17, 2009 to submit previously submitted documents.

11. If VA determines I am entitled to benefits, will VA pay me from the date I originally submitted the missing documents?

VA will process any missing applications or evidence resubmitted under these special procedures as if they were received on the date originally submitted, as long as the date of original submission is between April 14, 2007 and October 14, 2008.

12. What if the missing claim document was submitted before April 14, 2007?

To support your statement that you originally filed your claim before April 14, 2007, please submit any documents you have that show you previously submitted this claim, such as a copy of your claim with a VA date stamp or date stamp of your representative, a dated transmittal or cover sheet from your representative's office, or confirmation from a deliverer of mail. We ask that, in addition to proof that you submitted a claim previously, you submit copies of whatever documents you submitted with that claim. If you did not retain copies of the documents that accompanied the claim you previously submitted, please clearly describe the documents. VA will consider your claim based on all evidence received, including evidence already in your claims folder. Effective dates earlier than April 14, 2007 may be established based upon receipt of credible corroborating evidence supporting the earlier date of document submission.

13. How can I protect myself when I submit my claim/evidence in the future?

You are encouraged to make a copy of your application and supporting documents before submitting them to VA.