Varo Can't Find My Evidence.

[georgiapapa]

In October 2011, I submitted an informal claim to the Atlanta VARO for multiple myeloma caused by AO. Multiple myeloma is on the AO presumptive list. In late November 2011 I sent the Atlanta VARO a package via certified mail return receipt required. I received my USPS green card back from the Atlanta VARO showing they signed for the package on December 5, 2011.

The package contained 87 pages of my supporting evidence for my multiple myeloma claim and an additional claim of severe bilateral peripheral neuropathy of lower extremities secondary to multiple myeloma. My package contained an evidence list/table of contents, military records showing my service on the ground in Vietnam in 1967 & 1968, statement in support of claim, private medical records including myeloma diagnosis letter from my oncologist, IMO from neurologist stating neuropathy was "more likely than not" caused by my myeloma disease, medical reports, laboratory reports and diagnostic test reports supporting my claims.

I realize it will take months if not years for my claim to be processed but I want to make sure the VA has all of the evidence I submitted before they make a decision on my claim. During the past four months, I have constantly checked my ebenefits page for status of my claim. When I checked it on March 27th, it showed claim received in October 2011 but there is no reference to the package of evidence I sent to the Atlanta VARO in November 2011. On March 27th, I sent an IRIS inquiry asking why my evidence was not shown on my ebenefits page. In my IRIS I provided the VA with a detailed itemized list of the 87 pages of evidence in my package. On April 3, 2012, I received the following response from my IRIS inquiry:

"We currently do not show receipt of the documentation you sent. This does not mean that it hasn't been received. Our system may not be fully updated at this time. Any piece of information sent to VA via U.S. mail or fax may take up to 75 days processing time to be updated into our system. This is the normal process of all incoming mail or faxes to VA. All evidence and forms submitted must be associated to each claim folder and are processed in the date order they are received, and we have a backlog. Information provided in this inquiry will be made part of your permanent file."

The IRIS response I received said I have 21 days to reopen this issue.

In their response the VA stated it may take up to 75 days for my evidence to be updated into their system. As of today, it has been 124 days since the Atlanta VARO signed the green card acknowledging receipt of my evidence package. I plan to reopen this issue within the 21 day time limit but I am not sure of what I want to say in my response. I could offer to hand deliver a copy of my package to the Atlanta VARO but I hand delivered another item to the Atlanta VARO in July 2011 regarding an issue not related to my current claims and the Atlanta VARO still says they have no record of ever receiving the item even though I have a copy of the item with their date stamp on it proving I hand delivered the item. If I do hand deliver a copy of my original evidence package, I would want them to date stamp each and every page in the package. I am not sure if they would be willing to date stamp all of the 87 pages. Other than filing an FOIA/PA request to view my file, how can I make sure the VA has all of the evidence I submitted for my current claims.

Any suggestions or advice would be appreciated.

Thanks...Georgiapapa

[SP4RVN1971]

VARO, can't find thier own A**. For the first 5-6 months they could not find mine, and then it showed up.

They have it, it takes time to process it into the black hole

Good luck and God bless!

Happy Easter!!!

[Berta]

I know how frustrating this is.

The stuff might well be in your C file.

The VA finally acklnowledged a claim my husband filed 6 months before he died.

17 YEARS after he mailed it to them!

They then had to properly award it

Can you get a vet rep on your POA who has an office in or near your VARO building?

If all he or does for you is to make sure they have your evidence and properly consider it,

that would be great.

Sounds l;ike you sure have those ducks in a row, and they are armed for battle.(with evidence)

Always make sure you have copies of anything you send.

In 20o4 my C file revealed a critical VA document that they said had never existed. for 9 years.

The B--turds!

It is enough to give anyone VA- induced PTSD.

[georgiapapa]

Update:

I just checked my ebenefits again today and my claim status has changed from "claim received" to "gathering of evidence." In the Updates section, it states "Evidence needed from you, new evidence received. Development letter sent." Also under "What we still need from you" the following notations are shown: "Your attention is needed." "We need evidence showing that the following condition(s) existed from military service to the present time: peripheral neuropapthy, multiple myeloma." Date opened: " April 6, 2012" Due Date: "May 6, 2012"

Is it a coincident I received my response back from IRIS on April 6, 2012 and now my ebenefits shows date opened as April 6, 2012?

Based on the latest comments on my ebenefits page, it appears they still have not found my evidence I sent to the Atlanta VARO and they want this evidence no later than May 6, 2012. This creates more questions and more anxiety for me.

QUESTION: Should I send another copy of my 87 page evidence package to the Atlanta VARO via certified mail again or hand deliver it and have them date stamp every page? NOTE: I do not plan to send anything until I receive and thoroughly read the development letter mentioned on my ebenefits page unless I do not receive the letter before the May 6th due date.

In the comments on my ebenefits page, the VA stated they needed evidence showing my multiple myeloma and peripheral neuropathy existed from military service to the present time. I do not have such evidence. My multiple myeloma and peripheral neuropathy were diagnosed almost 40 years after I was discharged. My claim for multiple myeloma is an AO presumptive claim and my claim for peripheral neuropathy is secondary to multiple myeloma so I assume I do not have to provide such evidence.

QUESTION: Am I correct in my assumption?

Berta, the American Legion is shown as my POA since 1970 but I never recall designating them as my POA and I have not used them recently. However, I will follow your advice and try to reach them tomorrow to see if they can check my C file and see if my evidence is in the file. However, I am inclined to provide the Atlanta VARO with another copy of my evidence if I do not receive something in writing from the Atlanta VARO or American Legion prior to the May 6th due date.

Any responses to my questions or additional suggestions would be greatly appreciated.

Thanks...Georgiapapa

[71M10]

When you sent this Certified Mail did you get a return receipt? If you have the return receipt from the mailing, I wouldn't stress. They have sent me that same letter twice before and each time they had my evidence that they signed for on the return receipt card.

Best regards,

[broncovet]

IMHO the frequency with which the VA "loses" the Veterans paperwork, makes me highly suspicious of "Shreddergate Part 2". There have been several Vets whose paperwork accidently got "mixed up" with another Vets file...that is, instead of shredding it, they simply take a big pile and "shuffle" it like a deck of cards. This way, it will be harder to blame this on any one VA employee such as the poor guy who shredded trash.

Being a 2008 "Shreddergate 1" victim, this was never fully resolved and bound to repeat itself. I noticed there have not been any more VAOIG inspections of the shredder bins since about 2008, so naturally the VA "assumed" this problem was "fixed". More likely, the VA took enough heat from Shreddergate 1 and did not want Shreddergate 2 to happen, especially this close to election time.

I recommend going on to IRIS and asking them if they have a specific document: Say, the C and P exam on Jan. 30, 2011 and ask them a quey estion about it, assuming they have it. So, you may aske the docs name, and his/her qualifications for doing the exam. This is an answer of which could only be supplied if they have access to said document. This way you know its not lost. JMHO.

[71M10]

Georgiapapa,

Back when my ebenefits was working they listed evidence under open claims they had. Have you checked to see if your eveidence is listed their?

Best regards,