Va Records

[Chuck75]

I came across an interesting situation not long ago. It seems that two records have vanished from a veterans "C" file, after quietly residing there for over forty years. Since the records involve a denial, (Which may very well be "CUE"able) I'm not too surprised. I guess the question is really what non "C" file records of denials are kept by the VA, and how might they be asked for. Without the "C" file records, the veteran has only a rough idea of when the denial actually occurred. Complicating the problem is that the veteran's "C" file is at one VARO, and the denial was made by another VARO.

Other little oddities seem to be involved, such as the denial was sent to an old veterans address, instead of the then current address the VA had on file. The VA was sending benefit checks to the veteran's correct address at the time.

[broncovet]

Chuck

I agree that is a huge problem, and this is precisely why Veterans are so upset about "shredded documents". Since the VA requires proof of everything, a shredded document could cost a Veteran tens of thousands or even hundreds of thousands of dollars in lost VA benefits.

The VA has implemented a bunch of rules related to what they call "the october incident". I dont even like the phrase, "october incident"...it makes it sound like someone had a fender bender in the VA parking lot, when, in reality it was VA employees caught illegally shredding Veterans documents costing Veterans millions.

Go here for what to do about shredded documents:

http://www.vawatchdog.org/VAshredderscandal.htm

[jerrbilly]

Main thing to do is always get a "date stamped" receipt for everything turned in. And every few years get a copy of your file to make sure everythings there.

Jerr

Chuck

I agree that is a huge problem, and this is precisely why Veterans are so upset about "shredded documents". Since the VA requires proof of everything, a shredded document could cost a Veteran tens of thousands or even hundreds of thousands of dollars in lost VA benefits.

The VA has implemented a bunch of rules related to what they call "the october incident". I dont even like the phrase, "october incident"...it makes it sound like someone had a fender bender in the VA parking lot, when, in reality it was VA employees caught illegally shredding Veterans documents costing Veterans millions.

Go here for what to do about shredded documents:

http://www.vawatchdog.org/VAshredderscandal.htm

[Chuck75]

Unfortunately, this advice has no bearing on the problem, simply because the records that disappeared are forty years or so old. What to do now vs. what was done then is not really germane.

I know every federal agency other than the VA required that a log or other document be maintained, showing actions/decisions taken. What happened with the old logs when the agencies computerized is anybodies guess.

This was always independent of the files related to the action. Of course, it's quite possible that the VA did not regard decisions on veterans claims to be as important as other matters that they might be called on to justify.

Main thing to do is always get a "date stamped" receipt for everything turned in. And every few years get a copy of your file to make sure everythings there.

Jerr

[broncovet]

I think you are going to need to fight for what is yours.

This is what I would probably do:

1. I would go to the watchdog website link I supplied earlier, and file a "Special Handling Request" due to shredded documents even tho those are not within the date range that apply to that fast letter. You still want to document this shredding.

2. Wait about a month or 2 and see if the RO responds to your SHR..you may need to do an IRIS inquiry about the status of your SHR.

3. If no action by the RO, or adverse action by the RO, then file a VAOIG complaint. Again wait for the VAOIG to respond.

4. If still no response/favorable action, file a writ of mandamus with the CAVC, alleging that the RO shredded documents and that this shredding resulted in a reduction of benefits. Your Writ will probably be denied, but you will have the RO's attention and they will have to take some action.

[free_spirit_etc]

Chuck,

Can I ask what specific records or evidence you are looking for?

Free

I came across an interesting situation not long ago. It seems that two records have vanished from a veterans "C" file, after quietly residing there for over forty years. Since the records involve a denial, (Which may very well be "CUE"able) I'm not too surprised. I guess the question is really what non "C" file records of denials are kept by the VA, and how might they be asked for. Without the "C" file records, the veteran has only a rough idea of when the denial actually occurred. Complicating the problem is that the veteran's "C" file is at one VARO, and the denial was made by another VARO.

Other little oddities seem to be involved, such as the denial was sent to an old veterans address, instead of the then current address the VA had on file. The VA was sending benefit checks to the veteran's correct address at the time.