Clarification On What It Takes To Close A Claim!

[Bigred122]

Good Evening My HADITeers! Finally got my C-File today after 5 requests and10 months. Inside of it I got another letter from head honcho of Portland stating that this was my C-File and that I couldn't use this material and that I needed new evidence to reopen my claim.They sent my FIRST denial in October 2011 and I quickly sent them my NOD the first of Nov 2011 and requested a DRO hearing. This is the second letter that they have used this terminology. Am I not correct in thinking that my claim remains open till I either get a final BVA/CAVC denial or if I miss a deadline to file something? And doesn't all my evidence stay good until I screwup and my claim gets closed? They kept trying to tell my EX- congress critter VA Rep that I need to get new info to reopen my claim. ( Not only did I fire the Rep, but so did the Congress critter.lol I guess telling him that his rep couldn't serve two masters at once and he was choosing the VA over me. Also that I would do everything in my power to make sure He didn't get re-elected this year!) lol Anyway, before I jump down this senior VA honcho throat, I want to make sure I am in the right. It was funny to see that 80% of what they had in my file is what I sent them.My file number on top of each page was the clue. Finally got to see my first denial. It was flakey but it is real.My mental files were not in my records tho old or new. Found a supposed surgery in there they said I had but it is false.After they screwed me on my last colonoscopy, no way could they get me to take another one from them. I ordered some more records last week that should clear that up. That or they drugged me and did it without me knowing about it.lol I had a surgery done a year later for a tethered bowel.I rechecked date to make sure they didn't do it then. You know two surgeries for the price of one. I think the fake surgery was to show no mental damage from the botched one if I agreed to another one after that. But I didn't!! My lying PCP from before forgot to tell me about another growth on last half of my thyroid.(AO is good fertilizer for producing thyroid nodules) My thyroid was producing so much bad stuff, I blame it for my heart attack and getting DM2. new growth has my windpipe pushed way over to the right. No wonder my CPAP burps itself during the night.lol Ok, enough babble, am I right that my evidence is still good? Thank you once again for your wisdom!! Mike

[carlie]

They sent my FIRST denial in October 2011 and I quickly sent them my NOD the first of Nov 2011 and requested a DRO hearing. This is the second letter that they have used this terminology. Am I not correct in thinking that my claim remains open till I either get a final BVA/CAVC denial or if I miss a deadline to file something? And doesn't all my evidence stay good until I screwup and my claim gets closed?

Doesn't sound like they have acknowledged your NOD.

Even if they haven't, if your "FIRST" denial is dated October 2011 - that would not become final until Nov 2012.

A claim does not necessarily "remains open till I either get a final BVA/CAVC denial".

Evidence that has already been considered in a claim that is denied, in most cases - is not

used again for consideration, unless it's for a complete review at some level.

JMHO

[TravHill]

I believe you are right. Until you get a final decision, all information is still valid for your claim and it should be usable for any appeals etc. In fact, you can continue to add information up to the moment that they make a final decision.

Travis

[cooter]

​It could just be a fluke on their part Mike. As long as you keep the claim open with the normal routine, such as NOD's,etc...They closed my claim one time without me knowing about it. One day I was bored and thought I'de get on ebenefits and that was when I noticed it was closed. When I talked to the #800 the guy said it closed because they didn't receive the info they asked for in time. Long story short, after I proved they signed the return receipt, they opened the claim back up.

Coot

[Bigred122]

Thank you for your replies. They finally acknowledged my NOD twice now, but it was in those letters that they quoted that to me. The main person who was rating me seemed to only put in a half hearted attempt to get information. But I have to admit the people who were suppose to get the info for them didn't seem to want to put in the effort to get the info asked for. They wanted exact dates not a range of time period.After 40+ years some dates the best I can do is a 60 day time period on some and within a month on others.I was amazed on how many different versions there was of my C&P exams. If the rater didn't like what the C&P Drs put down, they would ask someone who wasn't even there to look over their notes and come up with a different conclusion. I'm trying to figure how to approach this DRO hearing. I can either go after the Drs flakey opinion and biased lies or I can play DR/lawyer and razzle dazzle them with information and my own graphs showing my theories. During that time period I was focused on being a good soldier and not on trying to get out of work by going to the sick call all the time. Sports taught me to suck up the pain and do your JOB!Never have been or ever will be a slacker. I believe in getting the job done quick and right, then play hard with the same gusto!! Thank you again for confirming my conclusions. Tomorrow I will write the VSO honcho and make him say UNCLE!! Mike

[Bigred122]

I've deceided to attach the letter for your viewing.I had a similiar letter I got last fall that had the same wording. You can see that they put that sentence in bold print. Thank you again.Mike

CfileLtr_0001.pdf

[rdawg]

you misread what they are saying. it is generic verbage and it makes the assumption that you have a claim that has been closed. All it says is that this evidence cannot be considerred "new" evidence.

if you have a closed claim then you would need "new" evidence to reopen that claim. Since your claim is still open you don't need to re-open it.