How Do I Prevent Unnecessary Delays In My Disability Claim?

[georgiapapa]

Based on comments I have seen on some posts by other members it appears I have unknowingly put some obstacles in my way prior to submitting my latest disability claim. I am concerned that my new disability claim will be delayed or put on hold until the VARO resolves two pending issues I have with the VARO including an appointment request to review my c-file and a request to correct my birthdate in my VA records. . I submitted these requests to the Atlanta VARO in July 2011 but they have not been resolved as of this date. I am concerned that my new disability claim will now be delayed or on hold until the VARO resolves my two previous issues (appointment for c-file review & birthdate correction). I could withdraw my request to review my c-file if this will keep my latest claim from being delayed but the birthdate correction issue has created problems with me accessing myhealthevet and ebenefits.

I submitted an informal claim for disability compensation to the Atlanta VARO in October 2011 followed by a formal claim in November 2011 via certified mail. My formal claim package included military records showing service on the ground in Vietnam in 1967 & 1968, letters from two different oncologists verifying my diagnosis of Multiple Myeloma and medical lab reports supporting the doctor's diagnosis. Since Multiple Myeloma is one of the diseases listed on the VA's presumptive list, I do not anticipate problems with service connection of my disease.

So far, I received my green card back from the VARO proving receipt of my formal claim package but I have not received any other documentation from the VARO at this time. During my last completed disability claim in 2010, I received a letter from the VA acknowledging they had received my claim about a month after I submitted my formal claim and about two months later I received the "duty to assist" letter from the VA. I have not received either of these with my latest claim.

QUESTION: Should I ask the VARO to cancel my request to review my c-file?

QUESTION: Should I ask the VARO to cancel my request to correct my birthdate at this time and make a new request after my latest disability claim has been decided?

QUESTION: Is there a quick way to get the VA to make a simple correction to a veteran's birthdate?

NOTE: The VARO already has my military records with my correct birthdate and I have provided the VAMC and VARO with copies of my DD-214 and drivers license with proof of my correct birthdate.

Any suggestions would be appreciated.

Thanks...Georgiapapa

[Commander Bob]

After waiting almost 3 years for a DRO rubber stamped, parroted denial, and SOC, I am now marking my third month anniversary waiting for a copy of my c-file so I can get an IMO...

I only wish I there was a form you could file for punitive damages. I would check that box...

[john999]

Yes, you want a copy of your C-File so your IMO can at least say that he reviewed it. The VA has gone to the limits of denying a IMO where a vet's IMO claim he reviewed the vet's file because the vet had never gotten a copy of his entire file. No IMO is actually going to read your whole file but he/she has to have the opportunity to lie like a VA doctor.

[Commander Bob]

Yes, you want a copy of your C-File so your IMO can at least say that he reviewed it. The VA has gone to the limits of denying a IMO where a vet's IMO claim he reviewed the vet's file because the vet had never gotten a copy of his entire file. No IMO is actually going to read your whole file but he/she has to have the opportunity to lie like a VA doctor.

Bingo...

Thanks for that very important reminder , john999...

Bob

[deanbrt]

"After waiting 8 months for an appointment to view my C-file I decided to follow Deanbirt's advice and cancel my FOIA/PA request at the Atlanta RO.

I sent a letter to the Atlanta RO via certified mail on March 12, 2012 advising them I wanted to cancel my FOIA/PA request. They received the letter on March 13th and according to my ebenefits page the FOIA/PA request was cancelled on March 19th. It is amazing how fast the VA works when it comes to closing an issue. "

It took me three months and repeated faxes and they still sent it.

[john999]

When I asked for my c-file I got it within a few months, but not all of it. I found out I was missing about half of it at my BVA hearing.

[Commander Bob]

When I asked for my c-file I got it within a few months, but not all of it. I found out I was missing about half of it at my BVA hearing.

My POA told me that my FOIA/Privacy Act request was received by the VA on Dec. 18,2011,however, no evidence of that request is in the claims folder...LOL