Vcaa Letter: Questions?

[allan]

Back in Sept I recieved a VCAA letter asking me to answer specific questions.

In this letter it stated I do not have a current diagnoses of MS. That I was never diagnosed or treated for MS during service and that I needed to send them evidence to these questions ansd that I had 30 days to reply.

According to My SO I didn't need to respond to the letter. He claims it's just a VA generac VCAA letter and that I was way to specific with my reply. He said I typed it up like a lawyer.

I put the reply on a 21-4138, answered every question for in service MS symptoms, a current diagnoses of MS by Dr Bash in 2005, plus diagnoses of secondary mental issues of MS by two VA psychatrists, and a Nexus medically explained by Dr Bash and supported by service medical records. I've also been treated for MS with medication from my VA PCP and a VA psychiatrist since 2005.

I underlined everything I refered to as so a second grader could understand it and attached the evidence to it with my claim number on every sheet. Also sent copies to my SO.

I've tried sending it just to my SO and asking him to turn it in to the VA, but found out he doesnt do that. So I make sure the VA gets it from me instead of going just through him.

He said it doesn't look like the VARO listed Dr Bash's IMO and diagnoses of MS in the list of evidence or given it any weight since they claim I do not have a current diagnoses of MS.

My question is, are VCAA notices something we need to reply to, or just blow them off as unimportant generac notices like, "we're still processing your claim" and forget about it?

The way the VCAA notice read to me was, I better take it serious and give them everything they need in a reply within the 30 days or look for a denial ASAP. My SO disagrees.

Thanks for any replies and clearification on this.

Allan

[john999]

I agree with you Allan. I would respond to the VCAA letter.

[Wings]

x

x

Whence came the VCAA (duty to assist), the onus is on the VA, not the veteran --to provide Notice of the type of evidence needed in order to perfect the claim.

Under 38 USC 5103 AND 38 CFR § 3.159 VA is required to inform the claimant as to any additional information and/or medical or lay evidence that may be necessary to substantiate the claim. VA is further required to inform the claimant which information and evidence VA will obtain, and which information and evidence the claimant is responsible for obtaining.

If additional information and/or evidence is requested from the claimant, the claimant must respond within thirty (30) days from the date of VA’s request or VA may adjudicate the claim based on the information and evidence already of record. In such cases, however, if the claimant then provides the requested information and/or evidence at any time within one year from the date of VA’s request, VA will readjudicate the claim as though the previous determination had not been made, unless the claimant has already initiated an appeal of the decision

Claims; VCAA; Duty to Assist

3-1 Revision 6, December 2006

TRAINING MODULE 3

STUDY PLAN

Veterans’ Claims Assistance Act (VCAA): Duty to Assist and Inform

*

MODULE 3F 12-061.pdf See attached

[carlie]

allan,

I would do just as you did and attach it to the VCAA notice and mark it all as

example:

p. 1 of 15

p. 2 of 15

p. 3 of 15

p. 4 of 15

and so on.

[stillhere]

I have always complied whenever the VA asked me for anything to support my claims.

Not sure about your VSOs advice at this point and not knowing why he feels that way. That is an interesting take on dealing with the VA. Ignore??

[bobbyq]

Back in Sept I recieved a VCAA letter asking me to answer specific questions.

In this letter it stated I do not have a current diagnoses of MS. That I was never diagnosed or treated for MS during service and that I needed to send them evidence to these questions ansd that I had 30 days to reply.

According to My SO I didn't need to respond to the letter. He claims it's just a VA generac VCAA letter and that I was way to specific with my reply. He said I typed it up like a lawyer.

I put the reply on a 21-4138, answered every question for in service MS symptoms, a current diagnoses of MS by Dr Bash in 2005, plus diagnoses of secondary mental issues of MS by two VA psychatrists, and a Nexus medically explained by Dr Bash and supported by service medical records. I've also been treated for MS with medication from my VA PCP and a VA psychiatrist since 2005.

I underlined everything I refered to as so a second grader could understand it and attached the evidence to it with my claim number on every sheet. Also sent copies to my SO.

I've tried sending it just to my SO and asking him to turn it in to the VA, but found out he doesnt do that. So I make sure the VA gets it from me instead of going just through him.

He said it doesn't look like the VARO listed Dr Bash's IMO and diagnoses of MS in the list of evidence or given it any weight since they claim I do not have a current diagnoses of MS.

My question is, are VCAA notices something we need to reply to, or just blow them off as unimportant generac notices like, "we're still processing your claim" and forget about it?

The way the VCAA notice read to me was, I better take it serious and give them everything they need in a reply within the 30 days or look for a denial ASAP. My SO disagrees.

Thanks for any replies and clearification on this.

Allan

Your Service Officer needs to go back to school!! Any thing from the VARO that requests action HAS to be answered. If you have everything in then you note the VCAA letter on the bottom where it asks you if you are done with evidence or if you have MORE evidence, which you did, then you get a 21-4138 and put down what you want them to know that they did not have or ignored, did not see whatever, BUT you do need to answer the VCAA letter. You did exactly right, maybe you ought to take care of your own claim since you are the only one that knows what you are doing.

[Berta]

"He claims it's just a VA generac VCAA letter" There is no such thing-

a legal VCAA letter must be very specific as to the claimed conditions.

Everyone here is right. Your rep doesn't have a clue.

"He said it doesn't look like the VARO listed Dr Bash's IMO and diagnoses of MS in the list of evidence or given it any weight since they claim I do not have a current diagnoses of MS."

That reason and the illegal generic VCAA letter I got cost my claim to take 7 years.I had 2 opinions from Craig as well as an additional IMO.

I wonder how many vets claims this guy is buggering up with this lousy advise he gave you.