Question Of Date Of Receipt

[deltaj]

Do V.A. hospitals keep copies of the claims they mail to VARO? I am helping a veteran who 22 years ago on the last day of his hospitalization for a non service connected disability made a claim requesting reevaluation of his service connected disability. His recollection is that he gave the claim to somebody at the V.A. Hospital. The claim was then sent to VARO who supposedly received it 2 days later, one year and one day after the effective date of permanent and total disability determined by Social Security Disability from his service connected condition. Notice that 38 CFR 3.1 ® has in the past stated that date of receipt is the date evidence was received by the Veterans Administration. V.A. has refused to grant the effective date as of the date of the date the claim was written in the hospital and V.A. has stated in writing that granted that as the date of receipt wouldn't make a difference. The issue should be entitlement to that effective date under 38 CFR 3.400 (o) (2).

[broncovet]

I dont think the VAMC does, but he probably did not apply through the VAMC, but rather through a VSO at the VAMC. There is a chance that a record of this is at his VSO at the VAMC.

If there is no record at the VSO, then it is likely his evidence was mishandled, as so many Veterans have been vicitims of this. I am fighting mishandled (shredded), in regards to the effecitive date. Read fast letter 08-41, scroll down to the bottom of the page.

http://www.vawatchdog.org/08/nf08/nfnov08/nf111908-3.htm

[broncovet]

Remember, The VBA and the VHA do not know what the other one does, at least when we WANT them to know. If we dont want the other one to know, then they communicate beautifully, for example, in proposals to reduce.

[broncovet]

It has been my experience the VAMC does not "apply for benefits", or even an increase, but would refer them to a VSO, probably one in the same building.

[pacmanx1]

Have you considered telling the vet to request a copy of his C-File? The Document may very well be in the claim folders, VA is notorious for not reviewing the entire C-File and this may solve the issue. Also have the veteran request his VAMC records both computerized and hand written notes, and of course as bronco suggest if he has a POA, have him check those records as well.

Edited February 27, 2011 by pacmanx1

[jbasser]

Do V.A. hospitals keep copies of the claims they mail to VARO? I am helping a veteran who 22 years ago on the last day of his hospitalization for a non service connected disability made a claim requesting reevaluation of his service connected disability. His recollection is that he gave the claim to somebody at the V.A. Hospital. The claim was then sent to VARO who supposedly received it 2 days later, one year and one day after the effective date of permanent and total disability determined by Social Security Disability from his service connected condition. Notice that 38 CFR 3.1 ® has in the past stated that date of receipt is the date evidence was received by the Veterans Administration. V.A. has refused to grant the effective date as of the date of the date the claim was written in the hospital and V.A. has stated in writing that granted that as the date of receipt wouldn't make a difference. The issue should be entitlement to that effective date under 38 CFR 3.400 (o) (2).

Delta. Look at the regs for informal claims. You may have this avenue to consider for this Veteran. He shiuld also request a complete copy of his claims folder and analyze each and every diocument. I suggest he allow you to assist him or her in doing that.

You would be amazed at what you fine hidden inside these big folders.

Basser.

[Berta]

"V.A. has refused to grant the effective date as of the date of the date the claim was written in the hospital and V.A. has stated in writing that granted that as the date of receipt wouldn't make a difference."

They probably mean the evidence they had at that time did not warrant SC anyhow.

I had neighbor with similiar situation.

He spent hours here telling me the whole nine yards about his Navy experience regarding what seemed to be a clear cut basis for a SC claim that he said he filed with someone at a VAMC , decades ago,in another state.

But he spent more time here that day then he spent in 2 decades trying to find out any status of his claim.He was then unwilling to follow any suggestion I had which was mainly to get over to the state Vet rep at the local VAMC where he was getting his VA health care 20 minutes away-to find out if a claim had ever been filed with VA at all and if not to get on started.

Your vet's C file -as others said -might well reveal the claim he filed but for some reason the VA stated "it wouldn't make a difference".They had to have some legit reason to say that.

Have you seen this veteran's DD 214?

As the BVA has said in decisions from time to time ,the VA claims process is not a one way street.