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Vync

Never Received Letters Varo Said Were Sent

Question

Earlier this month, I was talking with my RO (1-800 number). They told me that several letters were sent out, but they were unable to tell me the purpose of any letter. I received one a week later, but it was unimportant. I have not received any other letters. I am concerned that they might be related to my NOD/DRO and a couple of pending claims.

Any letters/envelopes I receive from my RO are always 'bulk rate postage paid' and are not postmarked, so I cannot tell when they were shipped. Important letters always say 'respond within x days'. Because they keep copies in my c-file, they automatically assume I received the letter. If it is something date sensitive, it could turn into a big problem.

Any recommendations?

Thanks

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5 answers to this question

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FAX your regional office and request copies of any and all correspondence since whatever date in the past that you have received your LAST mail from them. Tell them that your goats sometimes eat your mail before you get to read it.

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That damn goat eats mine too. That is a government goat.

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Great question! And these things should also be available online, kind of like bank statements. I have had poor results calling the 800 number and asking for copies of things...on one occassion they said they would send copies but did not. I finally found my original. The only way I know to find out what these letters may have said, is to try IRIS or the 800 number. Sometimes I think these things are rigged against us.

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The Postal Service has been great for me over the years and I appreciate all of their hard work.

That being said, tossing life-impacting info into the "mailstrom" without follow up or alternate contact attempts makes my blood boil. :angry:

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Earlier this month, I was talking with my RO (1-800 number). They told me that several letters were sent out, but they were unable to tell me the purpose of any letter. I received one a week later, but it was unimportant. I have not received any other letters. I am concerned that they might be related to my NOD/DRO and a couple of pending claims.

Any letters/envelopes I receive from my RO are always 'bulk rate postage paid' and are not postmarked, so I cannot tell when they were shipped. Important letters always say 'respond within x days'. Because they keep copies in my c-file, they automatically assume I received the letter. If it is something date sensitive, it could turn into a big problem.

Any recommendations?

Thanks

Conduct an IRIS inquiry to the VA and keep a copy of the confirmation and "ticket" number", the VA does argue the "Presumption of Regularity" involving mail sent to home addresses which is serviced by the U.S.P.S., however, if you retain a record of your contact to the VARO via the IRIS system that you have not recieved said documentation, they would have to consider in rebuttal that your inquiry as "clear evidence to the contrary". Another method would be obtain signed statements (notarized) from your Postal Delivery man/women asserting that they only delivered X envelope from VA on X date. In the future have all VA communications go to a registered P.O. Box.

There is a "presumption of regularity" under which it is presumed that government officials have properly discharged their official duties. Clear evidence to the contrary is required to rebut the presumption of regularity. Ashley v. Derwinski, 2 Vet. App. 307 (1992) See Mindenhall v. Brown, 7 Vet. App. 271, 274 (1994) (VA need only mail notice to the last address of record for the presumption to attach). This presumption of regularity in the administrative process may be rebutted by "clear evidence to the contrary." Schoolman v. West, 12 Vet. App. 307, 310 (1999).

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