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

[georgiapapa]

I was able to get on ebenefits today and Deanbirt is correct. They are showing my request to view my C-file as a "FOIA/Privacy Act Request" and as "Claim Received" on 9/13/11. I actually submitted a written request to view my C-file, hand delivered it to the Atlanta RO, had it date stamped and had them make me a file copy of the request on July 19, 2011. I inquired about the status of my request to view my C-file in September so I guess this is where the September date comes from.

Since the VARO is considering my request to view my C-file as a claim, does everyone still have the opinion that I should not withdraw my request to view my C-file. NOTE: Keep in mind I do not need anything from my C-file to support my most recent disability claim for multiple myeloma since I have resubmitted copies of my military service records showing service on the ground in vietnam in 1967 & 1968 and I have submitted my Multiple Myeloma diagnosis letters from my oncologist along with supporting lab documents.

Please keep sending me your thoughts so I can make an informed decision.

Thanks...Georgiapapa

[deanbrt]

GeorgiaPapa, you need to cancel that request as fast as you can. I know I have written this before but I have a secondary appeal back from CAVC to BVA to my VARO that has now been there for well over 500 days. I have a claim for IU based on a favorable C&P exam for my primary from early 2011. Aug. 17 I made a request for copies from my c file of correspondence in it from April to that date. In the fall I became aware that they were treating it as a "claim" which I knew would hold everything else up. Nov. 22 and Dec. 12 I faxed to two separate fax numbers at my VARO letters rescinding any outstanding FOIA request. When I saw the Aug. 17 "claim" was still on Ebenefits I send an IRIS request about it Dec. 20 and received the following Dec. 27-

The following information is furnished in reply to your inquiry of December 20, 2011.

Thank you for contacting the Department of Veterans Affairs in regards to your appeal. A review of your file shows your appeal for Individual Unemployability (IU) has been completed, a determination letter will be sent out once it has been authorized along with extra scheduler consideration decision from central office. There is also no FOIA request pending at this time.

Jan. 13 (no small irony, Friday the 13th) on Ebenfits an FOIA request reputedly from me dated Dec. 5 appears and I get a snail letter the next day confirming it . I NEVER MADE THE REQUEST AND RESCINDED ANY OUTSTANDING REQUEST FOR THE SECOND TIME DEC. 12. I immediately faxed my VARO, my senator, and Steven Keller, the executive in charge at BVA. Friday on Ebenefits the following showed-

Historical Claims

Please be advised that Historical Claims will show claims that were closed on or after January 1, 2008. If you have a question concerning a claim that was closed prior to this date, please contact our toll free number at 1-800-827-1000.

Date/Type of Claim

Date Closed

Updates

12/05/2011

Freedom of Information Act / Privacy Act Request

1/20/2012

Appeal is Possible

Jesus.....

[deanbrt]

GeorgiaPapa, I think this guy knew more than he was saying when he posted this to my subject...

Mcafee

E-7 Chief Petty Officer

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• Senior Chief Petty Officer
  
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  • Location:NJ.
    
  • Service Connected Disability: 50%
    
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  Posted 15 January 2012 - 05:32 PM

  [*]Hello All Hope All Is Well. I liked all of you have made request from OIG ,General Counsel, amendment of record to General Counsel.VISN . My Point is this they all have stated to address your concerns FEDERAL DISTRICT COURT. And I have assurred them to include Regional Counsel and General Counsel see you in Court Counseler. They are very much aware of there short and long commings but just another avenue to redirect or deter your effortts.

[TravHill]

They do seem to view request to view/copy of records as a claim request. In my case, I had submitted by claim back in Nov 2010, had my C&P in Jan 2011 and then requested a copy of my records. A few weeks later, I sent in another IRIS request to cancel my request to copy my record......fast forward to Oct 2011, nothing had been done with my claim. After multiple DAV requests, calls to the 1-800 number and IRIS requests, I was finally told that the "whole hold-up" on my claim was the request to copy my record, that they are extremely backlogged on copy requests and that they fill them in the order received.

I immediately told them to cancel the copy request as I had already cancelled it previously. Ironically enough, 3 days later I receive a full copy of my entire medical record! Also for the first time, ebenefits showed my copy request as a closed claim request.

I finally see on Ebenefits that they have moved my claim along after another call from my DAV rep....but not holding my breath for a already slow result :)

Travis

[deanbrt]

I think McAfee is telling us they are using it as a deliberate delay tactic.....

[71M10]

I guess I am again amazed at the level of stupidity that the VA will stoop to!

since you are not trying to move anything to the BVA right now. I still would not withdraw your request. You simply have multiple claims pending at the same time. I really do not think it will cause too much of an additional delay.

Seeing that C-file prior to any decision on your other claim may be fairly important to you. Especially if you consider that the VA is now treating C-file copies or meetings to review as claims. If you withdraw the request to review and they decide your other pending claim, then you ask to see the c-file and it is logged in as a claim and not dealt with within the year, you are in a position of appealing with no knowledge of what is in the file. Knowing what is in or not in the file may make a difference in getting your claim decided right the first time.

Treating a request to review the claims folder as a claim seems to be contrary to what was in M21-MR. I wonder if they actually changed the regulation or just did this? Is this anything NVLSP could challenge as being contrary to the actual written law/regulation?

Best regards,

Edited January 24, 2012 by 71M10