Interesting Turn Of Events

[justrluk]

Good morning crew -

Some history: filed a claim for GERD in 2009. Have all proof in my service records AND an IMO from the treating physician. Had the C&P which showed the reaction on screen during the test (had to swallow the awful thick chalky stuff -gross). Been sending emails to my VSO, using IRIS to check status and getting nowhere. I'm now approaching the one-year mark on a claim that should have been a "no-brainer", and forwarded a form 9 to my VSO in preparation for the issue going to appeal. The following email transaction happens (please be patient - it's long):

VSO: Why a form 9? You use a form 9 after a statement of a case. You have not had a statement of a case

Me: I thought I had to submit within a year of notification letter denying the claim. In reading the instructions, though, it says I have a year or 60 days from the SOC or SSOC date, whichever gives me the most time. Since I've not received a SOC I assume the 1-year from notification stands? I can only guess that since they've not responded, or consider this claim closed I will end up with another appeal. I wanted to make sure the document was ready to submit as I'm getting close to the 1 year mark from the date on the notification letter denying the claim - I don't have it with me, but my email traffic with your note re: reconsideration started mid-April 2010. Let me know if I need to go in a different direction, or if I need to submit a different form.

VSO: Has the reconsideration been denied?

Me: Don't know. They insist there's been no reconsideration, so I can only guess and follow the next step in the process.

VSO: Dr. letter we sent on the GERD reconsideration in March of 2010 and the 4142 that claim was denied?

Me: I've enclosed the latest response re: the claim: (Inserted the IRIS response here) I have nothing from the VA since the letter in April 2010, and was under the impression that reconsideration was progressing. Regardless, if this is what the VA insists is the status of this claim, I'm running out of time and don't want to lose the claim date.

VSO: I have reviewed your file and the GERD has not even been touched by the VA so I have placed it in the VA system thru the Coach and you will be hearing from them immediately. the claim will have a date of claim of 1 year as of 3/10/2010. They are a year behind on the claim already so they have to jump on the claim now. So you will be really busy getting your claim completed and the other claim which has been pending also. The appeal which is certified is on hold until these claims are completed. If they are not completed prior to the file going to DC your claims won't have a chance of completing fairly without your original claim file.

My first reaction was - this is a joke, right?? My VSO's been telling me for a year that everything was fine on their end, just be patient. NOW I see this response, and don't know what to make of it. I assume this is a good thing as the claim will finally see the light of day. Any suggestions on what to do next? They should have everything they need for the decision. HELP!!

[justrluk]

bronc-

Thanks for the info. I'll keep an eye on what you mention in the second paragraph. I've asked about the date of the claim - should be Oct 2009 v. the Mar 2010 as the VSO stated. I've emailed the VSO to see if the original date stands.

[justrluk]

Good Morning, crew -

Just an update: had a claim that was denied almost a year ago. Kept bugging my VSO about it until they finally reviewed my file and figured out it hadn’t been touched (see previous posts in this thread). Still no word and I’m now within 12 days of the year expiration, and now have to take a day off from work, hand-deliver the NOD that supposedly doesn't exist as well as the VA-9 for appeal.

Two questions:

1. Does filing both at the same time cause issues? With the year almost being up, I think the NOD is mute, but could use some advise.

2. Can anyone tell me where to go (if there's a standard in-take office) at the Atlanta VARO to make sure these documents are delivered, stamped, etc.?

Can’t thank you all enough – Happy St. Patrick’s Day as well!

[jbasser]

I am going to answer a question with a question. You nave an unadjudicated claim that time is expiring soon.

Do you intend to wait on this one or be proactive.

Write out an IRIS and ask what is going on?

What can a Vet do to be proactive. Ask your VSO also. What is the scenario? What are your options? Then proceed.

J

[john999]

I would take the day and hand carry that NOD to the RO along with anything else you have that needs to be date stamped. I would not take the word of anyone about the dates. You may very well get your reconsideration, but you want that NOD timely and in hand if it blows up on you. The VA gets reconsideration requests and NOD's mixed up all the time. I would be nervous as your NOD deadline draws near. Fight a good fight and protect yourself at all times. I am not disagreeing with anyone that has posted before, but be safe first.

[justrluk]

VSO keeps telling me (for the last year) "everything's fine". I've bugged and bugged for the last year, and no movement on my NOD. VA (IRIS response) says they have nothing on file. Called the 800#, same answer. I'm taking next Monday off and walking in the door when they open. I just need to know where to go to get the documents stamped/received/guaranteed. The VSO blamed the VA for dropping the ball, yet I pinged the VSO at least every month to find out where this claim /reconsideration was. Kept telling me to be patient, everything was in the works and should be hearing something soon. Well, that's been the story for almost a complete year, and no movement on the reconsideration. Suddenly, I'm supposed to hear something immediately from a 'coach' - whatever that is. Still haven't heard and it's been almost two weeks. I'm done waiting for the VA and VSO to take action, so I'm losing a day of work to help them work out their problem in person. I've read others having to take issues into their own hands, but was having pretty good luck with my claims - until now. Frustrated, fed-up, ticked-off, you name it. I’m going in, loaded for bear (armed with paperwork and paper copies of emails, I might add).

[justrluk]

PS: Sent my VSO this note (it's been read; have a read-receipt):

Ms. Xxxxxx,

I've made an IRIS inquiry (enclosed) re: this claim and there is still no trace of it in the VA system. I'll be taking Monday, 21 March off to come to the Atlanta VARO. I will either ensure the reconsideration is going to happen prior to the 2nd of April, or hand-deliver a 21-4138 for the NOD and the request for appeal in person to guarantee the documents are marked "received" by the VA prior to 2 April. I need to know who to contact re: the reconsideration, where his/her office is, etc. and where to get the other documents date-stamped so I can make the best use of this visit.

No answer as of the time of this posting. If I didn't have an appeal ready for the BVA, I'd fire the VSO on Monday as well. I would fire an employee for this kind of non-action, why not the org I donate bi-weekly to out of my paycheck??