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?

[broncovet]

John

That is fantastic news. Since I have the originals of my decisions, and since the VA does not have them, that proves they mishandled (shredded) my Cfile and evidence....unless they "find" them, of course. Now, I need to decide what to do about it.

[Commander Bob]

Now, I need to decide what to do about it.

Missing files are not the same thing as shredded files.

[Commander Bob]

Now, I need to decide what to do about it.

Yelling in the wind could prove therapeutic.

[Commander Bob]

Yelling in the wind could prove therapeutic.

Hi Broncovet, I certainly don't take your issue lightly. I feel your frustration and pain with the VA. I support your efforts, and wish you every success in your win.

[broncovet]

Thanks, Commander.

Yes, I am sure that "missing" files are not the same as shredded, for one thing, they could 'find' the missing files, in theory, that is.

If I remember right, the fast letter 08-41 refers to it as "mishandled" evidence. They also refer to it as "the October incident" which is a euphemism and makes it sound like someone had a fender bender in the VA parking lot, instead of the reality of thousands of illegally destroyed evidence and therefore depriving Veterans of their benefits AND denying Veterans "due process"en masse.

Freespirit

Awesome post. I am going to ask for a "heightened benefit of the doubt", and cite the decisions you mentioned. While I was looking for your decisions, I also came across Comer, which was a federal circuit court case, and it said the same thing..

Jerrbilly

Thanks for the help..I never even thought about them archiving old decisions, and storing the files in a different place. I think I am going to "test" the VA..and ask them for copies of my 2002 and 2004 decisions..just to see if they can cough em up.

ALL

Even tho Jerrbilly is probably right..some of my claim is in archive, some of the missing stuff is from year 2007, and, since they have other stuff in there from 2007, I know that it should not be in the archive.

[deltaj]

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?

Somewhere here on hadit I read something from a poster about his file being copied before it was sent off on appeal and that copied file being found. Does anybody else remember that post and remember where the copied file was found?