Confused On Which Form To Send To Varo

[emptyshell]

I am going to send evidence in to the VARO because I believe they made a mistake...from what I can tell on the effective date of paying out my award.

I have an earlier initial effective date (evidence to support this)than they do. All I want to do is have my local VARO look into it and see if I was right and they have to pay me accordingly. I have about 4 more months to go before I run out of the 1 year law.

Now I can only find a motion to reconsider that would go to BVA. But I believe that since the VARO is the one who granted me the claim and awarded me with that date that they should be the ones who should look into this. I have heard some say you might not want to waste your time with a request for reconsideration and get that NOD in now before the time line is up. But is there a form that you need to use if your sending it directly to your VARO. Also do I need to let them know that I am requesting this to be handled by the DRO? I read somewhere that if you do not make it clear then they will send it to the BVA for appeal???

I am confused and time is ticking...what should I do??? My real initial claim for Jan. 1994 and they paid my award for starting Nov 1994. I had opened a new claim(totally different from this claim) in Oct.19 1994 and they have got it mixed up with a wrong effective date.

a Why can't they ever make it easy for us VETS..they always seem to make everything so messed up you either get so fed up and quit your seeking a claim or you have a stroke or heart attack from dealing with the frustration...I guess they are hoping either one will happen and your one less person to deal with..

[broncovet]

I understand your frustration, and am in the same "boat".

I recommend you file a Notice of Disagreement, something like this:

Notice of Disagreement

I disagree with the Regional Office Decision dated May 4, 2010 and plan to contest the result with a DRO review as to the following issues:

1. I disagree with the effective date of the claim as I actually applied for benefits on 11/30/04, contrary to the RO decision. A copy of my application on this date is enclosed.

(Clearly state your reasons why you feel the earlier effecitve date is justified...you had an informal claim at the docs office, your paperwork got lost, the claim was overlooked, etc.)

The NOD should always

a) be in writing

b) express dissatisfaction with the decision and indicate a desire to appeal

c) identify the RO decision by date

d) identify the issue(s) you are disputing

e) be signed by the Veteran

f) be mailed to the RO (or hand delivered) and I suggest it be sent Certified Mail, Return Receipt requested with the Veteran keeping a copy.

Many people say "This is your chance to tell your side of the story" and use the NOD to present your case and cite evidence as to why you think the decision was wrong. Some Veterans take a great amount of time, thoroughly research the case law, CFR's, Fast letters, etc and their own evidence to their NOD. I have found that the 5 P's seems to work while other things dont work as well: Proper Preperation Prevents Poor Performance

While it is still possible to submit your "arguments" at other times, by putting it with the NOD, you can be assured that you at least got the chance to be heard.

[johnjjr]

Use form 21-4138. You can ask for a DRO hearing if you want to present your evidence face to face. But whatever you do, file before the 1 year is up.

Edited February 4, 2011 by johnjjr