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

[georgiapapa]

UPDATE:

In my last response from IRIS they advised the Atlanta VARO still could not find the documentary evidence I mailed to them in 2011 via certified mail return receipt requested.

My due date on my VCAA notice is May 6, 2012 and I wanted to make sure the VA had all of my evidence before they started the review process of my claim so today I went to the Atlanta VARO and hand delivered copies of the same documentary evidence I had mailed to them. I told the lady at the desk that the VARO had lost all of my original documents and I wanted to provide her with copies of all of the lost documents. She asked, "are these the original documents?" I told her no because your agency lost the original documents. She said, "well we are supposed to get the original documents." I said, "if you can find them you can have them, but until you do these copies will have to do."

She reached for the documents and I told her I wanted each and every page date stamped and I wanted copies of the date stamped documents. The VARO employee told me that per VA policy she could only date stamp two pages. After talking with her a few minutes, she did agree to go ahead and date stamp my two page cover letter, three pages of table of contents/evidence list and my signed VCAA notice form. I only ended up with copies of six pages date stamped out of the 88 pages I provided to her but this was the only thing I could do with the VA's policy of limiting the number of pages that could be date stamped.

My table of contents/evidence list is a detailed itemized list of every document I provided to her but I wish I could have had all of the documents copied and date stamped. I hope they don't lose the documents I gave them today.

Has anyone else ever been told by a VARO that they could only date stamp two pages or is this only Atlanta VARO's policy?

Georgiapapa...

[71M10]

Georgiapapa,

Here is a suggestion if the person will not date-stamp the entire packet. Go through and number all the pages of a submission May XX, 2012 "Subject" page X of X. Have them date stamp and copy the first and last pages. Or have them sign a receipt for the document and state how many pages in length it is.

This is not full proof, but they have to work a whole lot harder to disappear items. At a minimum they have to try to explain why they have everything in the file except page 17 of 40.

Best regards,

Edited May 2, 2012 by 71M10

[Berta]

I never heard of that policy but this is one good reason to have a vet rep as POA.

If you send evidence to VA and also you make sure the rep has it (They sometimes will send in a 4138 in support of the evidence if they submit to VA in your behalf and then they too have a documented record of direct VARO submissions of it on their PCs.)

it is then one more way to prove the VA got it,particularly there was a VA deadline for submission of it.

I was so frustrated at one point years ago ,when VA said I didnt send this or that-that I got the acting VA Secretary, at that time, Gordon Mansfield, to send my VARO my evidence.

Even though he did that,they still ignored it.

Also my recent AO award verified that in 1994 my husband had filed a Section 1151.claim 6 months before he died.

In spite of evidence that the VA had received this claim the week of March 25th,1994, and it was set to be rated the morning of his death, they kept telling me they never got it.

After 18 years ,their acknowledgement of that claim finally came and was part of my recent CUE award under 1151.

The DAV who held my husband's and then my POA at time of the 1151 claim in 1994, told me they had destroyed those files.

I didnt need to prove the VA's receipt until I realized they had made a CUE in a 1998 decision they sent me , a decision (an award letter) which was a re -open of the 1151 claim my husband had filed.

You took the right steps and that is good because if we dont act fast on this stuff, there is great chance they will deny.

[Berta]

PS 71M10 had a very good suggestion.

Also I suggest doing what I did.

For every submission I made of evidence for my claims,overthe years some of my claims took, I always sent them a cover letter identifying what evidence I enclosed:

For Example: Exhibit A The Veteran's autopsy 6 pages.

Exhibit B the MRI results of (date) 3 pages

Exhibit C The veterans SSDI award letter (1 page)

and then in subsequent submissions I listed the enclosed evidence with an additional list of what I had already sent to them by priority mail adding the PO receipt number.

It is rather extraordinary to me, still, that 2 of my claims took 7 years each, because the VARO that held jurisdiction over these claims failed to read a single piece of my evidence.

But those claims were awarded anyhow. one by the BVA and one by the Nehmer VARO.

I also got them to CUE themselves twice when this happened (most recently at the Phila Nehmer VARO in December 2011)

as CUE is a "collateral attack" and that is the tactic I will use if they ever do that again to me. Suddenly they found ALL the evidence.

It is very unusual to ask the VA to CUE itself but it can be done as I mentioned before here at hadit when they make a bonafide legal error in a decision on a pending claim.

Their 2011 CUE in my first decision in December was a real doozy-they fixed it fast when I raised Hell

but I sure wonder how many other Nehmer widows they tried to pull the same thing on and who might have given up and walked away from their claims at that point.

Edited May 2, 2012 by Berta

[broncovet]

I agree, Berta.

"Nail em" on that evidence. Include a "cover letter" listing your evidence enclosed. Dont let that evidence quietly "slip away" like it so often does. Here is a sample method of how I did just that:

Notice of Disagreement RO decision dated 4-12-2012

SSN Jim P Veteran

I disagree with the decision dated 4-12-2012 on all issues which denied Service connection for PTSD and entitlement to TDIU.

I further take exception to the RO decisions failure to address other issues pending.

The RO decision failed to consider the nexus statement by VA physician, Dr. Robert Kimbell on 2-11-10 (physicians notes evidence exhibit "A").

I elect a DRO review of said decision.

The RO decision did not provide a "reasons and bases" for its failure to consider this evidence favorable to the Veteran.

Further, the Veteran's prime care physician, Dr. Strangelove, noted that the Veteran was "unemployed" because his night terrors from PTSD prevented gainful employment. (physician statement exhibit b).

The Veteran has enclosed birth certificates for his child, Jimmy Veteran Junior, and his marriage to GI Jane Veteran, on 11-12-88.

(Exhibit C).

Signed, Jim P Veteran

Enclosures:

Exhibits A, B, C above plus 21-4138 dated 11-12-2001.

[georgiapapa]

First let me say I appreciate the guidance from Broncovet, Berta and 71M10.

The Atlanta VARO employee did date stamp my 3 page table of contents/evidence list which provided a detailed itemized list of all documents contained in my evidence package provided to the Atlanta VARO yesterday.

All pages of my package were numbered (e.g.- 1 of 87, 2 of 87, etc.) in red ink. However, I made a mistake in that I did not get the last page (page 87 of 87 date stamped). My evidence package had 18 tabbed sections. On the actual tab page of each section I listed the tab number and underneath the tab number I put the following information: "This tab section contains pages _-87 through _-87 of this evidence package") Each tab page listed what pages were in each section. I tried to prepare my package so it was easy to reassemble if was mixed up, dropped, etc. Also, every page of my package has my VA claim number stamped on it at the top of the page in red ink.

For whatever it is worth, I sent a message to IRIS this morning making them aware that the Atlanta VARO would not date stamp all of the documents provided to them. IRIS was already aware of the loss of my original package by the Atlanta VARO. I just wanted to create an additional record of this problem in the event the Atlanta VARO loses all or part of my documents delivered to them yesterday.

Berta, as to the POA, my VA records show American Legion as my POA but I do not recall ever designating them as my POA. If I did, it was during my first claim in 1970. However, I have tried to contacting the American Legion rep in Atlanta since March of this year without success. I left several messages and even talked with a person there who said they would have someone call me back. The person also told me they were extremely busy so it might be awhile. I have also reached out to the state veterans rep who apparently must be extremely busy because he has not returned my phone calls or e-mails. Based on the lack of response, I just do not have much faith in POAs. I might change my mind but at this time I feel like I am better off relying on the hadit forum and getting advice from knowledgeable people such as yourself. I have been extremely satisfied with the advice you and others on this site have given me on other issues.

Again, thanks to all of you for your advice.

Georgiapapa...