Does The Va Keep An Electronic Record Of Decision?

[broncovet]

I received a copy of my C file from the RO recently. I thought it was odd the box was only 3 inches thick, when my box, which is incomplete, contains a stack of at least 12 inches of records. The RO has shredded (or they are missing) more than 1000 pages, about 70% of my files. Since there are multiple RO decisions missing from my files, multiple VCAA letters, multiple NOD's etc, does the RO keep an electronic record of the RO decisions, or do they even know about them? I know they keep an e-record of the percentages, but do they keep an e record of the "reasons and basis" for denials?

For about 3 years, I noticed that whenever I filed a NOD, they dont respond to it, ever, instead, they just issued a new decision pretty much just giving "lip service" to my NOD.

Yes, I have filed a Special Handling Request due to shredded documents. I saw an "internal" memo that they put in my c-file, saying they did not think my case was a valid "shred" case, because some of the documents I listed in the SHR were in my file, while others were missing but outside of the dates in the fast letter. That is, they pretty much admitted shredding, but said it was ok, because it was way before the "october incident" and year 2002 shredded documents did not qualify for special handling under the fast letter.

Earlier, I probably would have been mad about this, but it just does not suprise me anymore.

If the VA looses their own decisions, how can they possibly respond to my NOD's, when they dont even know why they denied me?

[Vync]

Bronchovet,

It is really awful that the VA treats us as if we are not important.

Have you scheduled an appointment to visit the RO and confirm the contents of your C-file? Because your records are so thick, you might want to ask for an 8:00am appointment. If they give you a late afternoon appointment, then because they work for the VA, they will usher you out the door at closing time, regardless of whether or not you finished your review.

Check the date of when your C-file was sent. If it was on a Friday or on a day preceding a holiday, you might be victim of a slacker who just wanted to go home early one day. I'm not saying the VA does this, but when I was in the Army, other people in my department would do it.

How long ago did you request your C-file?

I am asking because I requested mine mid-October of last year and still have not received it. On Friday, I sent an IRIS request to ask when I will receive the file. If it is not soon or if they give me another generic form letter response, then I am going to contact my Congressional representative. If you cannot get relief, that might be the next step...

[carlie]

bronco,

Gee, I wouldn't even guess an answer.

carlie

[free_spirit_etc]

Bronco,

If they lose PART of your records, does that put you in a position where the VA is required to give you a heightened benefit of the doubt, such as:

http://www4.va.gov/vetapp08/files2/0809646.txt

Despite a thorough search for the veteran's service medical

records, it appears that they are unavailable. Under such

circumstances, VA has a heightened obligation to explain its

findings and conclusions and to carefully consider the

benefit of the doubt rule. See Cuevas v. Principi, 3 Vet.

App. 542, 548 (1992), O'Hare v. Derwinski, 1 Vet. App. 365,

367 (1991).

[Commander Bob]

I received a copy of my C file from the RO recently. ...

...If the VA looses their own decisions, how can they possibly respond to my NOD's, when they dont even know why they denied me?

Congratulations for requesting your C-file, broncovet, and your tenacity in pursuing your claim. Regarding your question "If the VA looses their own decisions, how can they possibly respond to my NOD's, when they don't even know why they denied me?" Though your question sounds rhetorical, I'm sure they could just patch something together in a pinch. Don't you? After all, where is the real oversight? Congress? BVA? COVA?... "Justice delayed is justice denied."

[john999]

If you get your C-File and find an old decision in which there is no record that you ever received your appeal rights I wonder what kind of error that might be. In most legal proceedings that is a fatal error not to inform a claimant that they have appeal rights. Really old decisions from the VA that are in your c-file are so incomplete that I think they all deserve a second look. Your C-File is not stored electronically. It is paper. Paper gets lost over 40 years. If the record is lost how can they reconstruct it? As far as I know if all particulars of a decision are not in your C-File they do not exist, especially for old decisions.

[jerrbilly]

You probably have more than one file and they probably only sent the most recent on. Once a file get's too thick (binded out) the old stuff gets refiled and stored. This is so the old stuff doesn't mix in with the newer claims. I was told this by a rater.

I saw all my files last week and I have 5 files and each one is at least 2 inches thick and I originally filed in 2003.

Jerr

I received a copy of my C file from the RO recently. I thought it was odd the box was only 3 inches thick, when my box, which is incomplete, contains a stack of at least 12 inches of records. The RO has shredded (or they are missing) more than 1000 pages, about 70% of my files. Since there are multiple RO decisions missing from my files, multiple VCAA letters, multiple NOD's etc, does the RO keep an electronic record of the RO decisions, or do they even know about them? I know they keep an e-record of the percentages, but do they keep an e record of the "reasons and basis" for denials?

For about 3 years, I noticed that whenever I filed a NOD, they dont respond to it, ever, instead, they just issued a new decision pretty much just giving "lip service" to my NOD.

Yes, I have filed a Special Handling Request due to shredded documents. I saw an "internal" memo that they put in my c-file, saying they did not think my case was a valid "shred" case, because some of the documents I listed in the SHR were in my file, while others were missing but outside of the dates in the fast letter. That is, they pretty much admitted shredding, but said it was ok, because it was way before the "october incident" and year 2002 shredded documents did not qualify for special handling under the fast letter.

Earlier, I probably would have been mad about this, but it just does not suprise me anymore.

If the VA looses their own decisions, how can they possibly respond to my NOD's, when they dont even know why they denied me?