Just Got Soc

[broncovet]

I am considering asking for a "Motion for Reconsideration" or even, as Berta has suggested, asking the vA to Cue themselves, because I really do not want to wait another 4 years at the BVA.

I am in a dispute with the VA for my effective date. Essentially, I am contending that, at a VA medical professional's offfice, I made an informal claim for benefits years ago.

I am just curios if you think it will do any good to ask for a MFR or ask the VA to Cue themselves. I only have 60 days to file an I9, or I will "loose" the possibility of an appeal. Do you think its ok to ask for a MFR at the same time I appeal, or, ask the VA to CUE themselves concurrently with this appeal? Thanks..Bronco.

[broncovet]

Pete...

I have never heard of having a hearing with a rater. How do you go about this? Send in a 21-4138, or an IRIS? This is good information, Pete.

Probably real good. It could mean you can check the C file, make sure everything is there, and, importantly, ask the rater if everything is there to make a decision. Then, the VA would have little reason to delay you more, if they have already said everything is there to make a decision, assuming, of course, that you can "hold the rater to" what he says. Maybe it should be recorded!

Edited April 4, 2010 by broncovet

[broncovet]

I realy think Pete's idea is a good one. I would love to be able to ask them some questions, in person, in front of the rater with the C file. It has been my experience the VARO simply avoids answering my questions. For example, I got a recent copy of my C file, noticing there were hundreds of pages missing..including old RO decisions, VCAA letters, etc. So, I sent an IRIS email asking the question, " Do you have electronic copies of my old RO decisions and VCAA letters, or does the fact that they are missing from my C file mean that my evidence has been lost or shredded by the RO?"

The VA was on the spot, and I knew that. They "ducked" the question and never answered it. Oh, yes they sent me a reply, but they carefully worded it so as not to admit to shredding, but not get caught in a lie, either. This is one advantage of IRIS! I can keep copies of their response, and, if necessary, use their response as evidence to present to a judge! Telephone coversations would not work that way, but since IRIS is a secure email, the VA can't say something like that IRIS was not from the VA it was from a hacker!

If I was in person, in a hearing with a rater, especially with the conversation recorded, then I could simply ask them to answer the question, and wait for a response! They are going to either have to admit to shredding or, get caught in a lie. I already know my evidence was shredded..there is no doubt. The VA wont even give me "Special Handling", per Dr. Peak's fast letter 08-14, in part, because they dont want to admit to more shredding! They know that will open up a can of worms!

My goal would not to be to get the rater in trouble. Frankly, they are peons, and probably just want to get their paycheck and go home. VA management, I am convinced, is the problem. Why? Because one or even 2 "untrained mailroom employees" would not be able to shred Veterans evidence at 47 Regional Offices! The fact is that these

"untrained mailroom employees" ARE TRAINED..and doing exactly what they are told. There is no way that 47 mailroom employees would make the same mistake at once..all of them confusing yesterdays Burger King Wrapper with Veterans evidence and shredding it!