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!!

[COOL BREEZE]

This topic has me wondering if I can drive down to the Phoenix Varo and if they will see me and address any concerns I have. Or do you have to make an appointment?

[carlie]

Sounds like a hugh 'catch-all' so they can procede at whatever pace they feel, without regards to timelines strictly enforced by them on our end...

just,

Only claimants have time frames to meet - the VBA does not have time frames to meet,

unless imposed by the Court.

[justrluk]

I just walked into the visitor's center and signed in. My docs were stamped on the spot, and I was handed a copy for my records. Don't know about actually seeing anyone from the VA, but like I said, I saw my VSO pretty quickly after that.

[Chuck75]

My advice to anyone would be to file the NOD within the year limit. (SOC or not) The VA can always claim that they sent you an SOC, even if you didn't get one.

Carlie -

No appeal yet; didn't want to go down this road unless I have no other choice. I have the form 9 ready and signed, and can ask my wife to deliver and have it stamped if needed. I thought that if the NOD was filed within the year, I had 60 days from the SOC to either appeal or agree with the VA decision? Problem is: I don't a SOC at all from this request. This is where the ball was dropped. I have proof that my VSO sent in the request, along with a signed copy from 14 April (2 weeks after the letter on the denial in 2010) requesting reconsideration. Personally, I'd go after the VA with pit bulls at this point, but really wouldn't know where to start. I've never been in this situation and will look at the CFR to find out what to do when they fail to issue a SOC within the year of the NOD.

As for appealing the whole thing, question: if my c-file is already before the board for one appeal (waiting since 2008), would they review both at the same time?? (Probably no way in H@#$, but would really be nice...)

Thanks!