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]

71M10.... In late October 2011 I received a letter from the VARO dated October 16, 2011 in response to my request my C-file. The letter stated the following:

"VA began searching for your records responsive to your FOIA/PA request on date of this letter. Records that VA may have created or gathered on this subject after this cut off date are not considered to be within the scope of your PA request. Once we receive your file in our Department we will schedule you for a review of your records which you requested on 09-12-11."

I interpret the letter as saying I would not be able to see anything received or placed in my C-file after October 16, 2011 as part of my request to view my C-file. So anything in my C-file relating to my latest disability compensation claim, which was filed after October 16th, would not be available for my review including copies of evidence I submitted and documentation created by the VA in response to my claim. If my new claim is denied, It appears I would have to file a second FOIA/PA request after my new disability claim has been closed to make sure everything I submitted was in the file and just hope I would get the second appointment to view my C-file within the one year appeal period.

Any new thoughts on my situation.

Thanks...Georgiapapa

[71M10]

The text that you mention seem to indicate that they were handling your request as a request for a copy of your C-file.

If you had/have pending business with BVA or CAVC a pending claim at the VARO could stop the file from going forward. It is my understanding you are waiting on an initial decision for a presumptave AO condition. that was filed last Fall. I also am working from the understanding that you have requested to review your C-file at your Regional Office. If these are the conditions you are dealing with I don't see any major conflict between these requests and do not see it causing any substantial delays.

If you go in to review your c-file that is the entire collection of documents that they have, everything would be there. If it isn't in that c-file then the VA is saying they don't have it. The exception is when the VA makes up a temporary c-file while searching for a lost file or when they receive documents at the VARO while the C-file is not present.

My concern with asking them to cancel the request is that they may decide you are asking to cancel your claim. The fact that they keep sending you letters that indicate you are trying to get a copy of your c-file point to the real possibility that they could screw up the cancellation request also. I asked to cancel a DRO hearing once and they tried to cancel the DRO review.

My neighbor is an AO vet with cancer and his claim had been pending for 22 months, His prognosis is uncurable, we had filed within 2 months of each other (mine was for increase for SC back after 18 years at 0%). My increase was granted in 8 months, they just couldn't get a decision on his. He was finally awarded the month after the law was changed to allow next of kin to continue the claim in the event that the veteran died while waiting. Coincidence?????

You have to do what you believe is best for your claim.

Best regards,

Edited January 24, 2012 by 71M10

[john999]

The VA is waiting for us and our spouses to die. They know they can out live all of us.

[jbasser]

Yes John, I believe they are using a 6 step process. Each step equals about 1 foot in depth.

John

[broncovet]

My 2 cents:

1 The VA uses any/all excuses to delay your claim, to include "anything", "everything", and "nothing".

2. When in doubt, delay the claim and refer to rule 1.

There should be "no doubt" that the VA will use FOIA to delay your claim, along with "anything" and "everything" else. However, you need to look at this from the long term, not the short term.

Most Vets, who get benefits, eventually get them only after appealate review. Ask Carlie or Berta...they had to appeal, appeal, appeal, as I did.

While it is likely that your claim will be delayed with FOIA requests, the alternative is worse. You see, if you dont know what is in your file, your claim is likely to be denied. Then you have to appeal. The "original" RO decision takes 6-12 months, while an appeal at the BVA level takes an average of 4.4 years, according to VCS.

You are not done yet. Many times it takes MULTIPLE trips to the BVA or even the CAVC for the VA to get it right. We are talking decades. Why do you think the VA has special procedures for claims involving more than 10 years of retro? It is because it happens all too frequently.

Therefore, even tho you can expect a several month delay, go ahead and get your claims file. You should have made that request from the get go, but you probably thought, "Gee, the VA is the government and they wont shred or lose my evidence".

A two month delay while the VA does your FOIA is far better than the VA denying your claim because,

"your SMR's do not show evidence of (condition claimed)".....when you have your SMR's and know that they do, in fact, have said evidence. This enables the VA to parlay a 2 month foia delay into a 4.4 year BVA appeal delay.

You choose: Delay your claim for 2 to 6 months with a FOIA request, or 4.4 years for a BVA appeal. I choose the former.

Bottom Line:

If you dont have time to do it right the first time (with your C file as evidence), WHEN are you going to have time to do it over and appeal it?

Edited January 25, 2012 by broncovet

[broncovet]

I will add this:

If you have a limited amount of time to cut a pile of wood, spend the first two hours sharpening the saw.

In a like manner, invest 2 to 6 months of claim time to ask for your C file.

How do I know this? I failed to do just that, and regretted it. My claim is on its second trip to the BVA, this time after I have thoroughly reviewed the C file. I learned from my mistake of not doing it right the first time.