Vet Put In For Claim 06, 07, 08, 09, And 2010

[halos2]

Vet req all records and requested claim to be activated in 2006. Received a CD but No written file received.

Vet sent another letter 2007, waited...nothing but a CD copy with little info. Sent application for C&P and requested records again. Sent req.via IRIS too. Waited.

Contacted a VSO to put in for informal claim as did not realize he didn't need to do this as prev sent all info for formal claim. Got letter that no such copies exist from VARO and no such records exist anywhere.

2008, contacted VSO still requesting records...nothing but CD received.

2009 vet requests VSO to check on claim status and requests all c-file...finally receives paper copies of most records, but not surgical records while had surgery in Balboa military hospital, and noted copies of letters, email(iris) letters from 2 different years in folder of records from vet, but no copies of filled claim prev sent.

Called call center end of dec 09 to find out what is going on with claim, VA says no claim ever filed, and vet is not in system...sent all copies, including the ones in folder of vets requests and stating file for disability certified/registered. Waited. Finally March 2010 vet calls call center, and they say no vet in system, no claim received. They say they will put in for new claim, and will have someone req copies vet has and copy of cert/reg receipt.

Come on people talk about stalling.

So should he go through his poa vso? He also has copies of emails from 07 with vso telling him claim was put in to VARO.

What is the best/fastest way for him to proceed? He is GW vet, and has many physical and psychological problems too. Yes has combat ribbon too amongst many ribbons and medals awarded to him.

I think they must have shredded his stuff as the responses or lack of responses he gets. What do you think?? :)

[halos2]

Thanks all.

Broncovet,

Does he resubmit prev claim?

File new alone?

File new with copy of old?

Contact VSO Officer, instead of assistant?

Send VSO copies of old emails with submissions that info was submitted?

See what contact VA sends him with call center saying they put in for new claim?

Seek political contacts to check into this "lost/shredded" claim?

What avenue would be the best to move this forward in the fastest manner?

Should he resend copies of all he sent with copy of registered/certified card signed by VARO upon receipt?

Request ALL C-FILE again to examine what copies are in this one now?

How does he get copies of hospital records from Balboa hosp in Ca?

All help appreciated. :)

[halos2]

Broncovet, Please respond...

[broncovet]

Very well, halos. It is an honor to respond to a Vet. As you may know, I was the victim of something similar. My recommendation:

Send an IRIS asking the status of your 2006 claim.

A week later, mail in a 21-4138 asking for "an INCREASE IN RATING".

The RO will be confused. You want them to be!

They may even rate your claim and give you an award at a 2010 effective date. Then appeal, pointing to your IRIS email, and pointing out this was a claim for increase, not an initial claim, to READ your 21-4138.

Remember: The VA wants you to be confused, not know your rights, not know to appeal, etc. As Jim Strickland once said, play their game. Then you will have to go to the BVA to get your effective date. It is a PAIN IN THE NECK TO DO IT THIS WAY. However, remember the VA ALWAYS LOVEs to complicate even the simplest of things, giving them more opportunities to deny you.

You see, the idea is to be ONE STEP ahead of the RO. Let them think YOU forgot about your 2006 claim, remebering the VA motto, "The right hand does not know what the left hand is doing." Use this to your advantage. You see, the rating specialist has nothing to do with responding to IRIS, and wont know you asked about the 2006 claim status, and will think you forgot about the 2006 claim. They will say, "Gotcha"...this Vet forgot about his 2006 claim, then submitted it in 2010, so we will award it and save 4 years of retro. You will get the last laugh, at the BVA when you point out that was a resubmission, noting your IRIS, which you saved a copy of, and also pointing out that was a claim for INCREASE, not an initial claim.