1995 Va Disability Claim Filed And Went Into Land Of The Lost

arkansastraders · July 16, 2012

Claim filed in 1995. RO transferred file to another RO, mistakenly. I did not know this until 2009. 2008 I filed the same claim, received 2 Sc @ o%, but found in my 201 file the 1995 case had been adjudicated in NY (partially) with 1 sc @ 0%. The same as the 2008. I had appealed the 2008 and sent the 1995 case to the RO. They did not have a clue it was in my 201. They dropped everything and reopened my 1995 case, saying 30 days to review. It's been 90 days and nothing. The do not use ebenefits so I don't know what is going on. 17 years and I'm fed up with it. I recently got my Congressman involved to remind them I'm still here. In the 2008 case the 1995 case info and records were not used. So I have the same case adjudicated twice and an appeal for the 2008 pending, due to whatever they are doing with 1995 case. Does this make any sense to anyone?

Berta · July 16, 2012

" It's been 90 days and nothing"

I don't understand your concern over this time frame as it appears there was a prior claim in 1995 that you didn't follow up on until 2008.

I assume that VA might be considering 38 CFR 3.156 C- if they now have service records they didn't have in 1995.

Since you were granted SC at "0" % for some disabilities then, they will need documented medical evidence that these disabilities are now at a ratable level.

Philip Rogers · July 16, 2012

I agree w/Berta and it may be possible that you could have a still open claim, depending on how/when they made their original decision and how/if they notified you. You'll need to chack out the "due process" of their action(s). jmo

pr

arkansastraders · July 19, 2012

I agree w/Berta and it may be possible that you could have a still open claim, depending on how/when they made their original decision and how/if they notified you. You'll need to chack out the "due process" of their action(s). jmo

pr

Sorry, I have just found this. I'm new here. Bertha: I had requested several times over the years as to the status of the 1995 claim by letter and the 800 #. Absolutely no response. I filed the same claim in 2008 and it was adjudicated 1/2010. I immediately appealed and at that point I requested my 201 file. There I found the 1995 case. The VARO-Little Rock has handled all claims for me (except their screw up on the 1995 case). When I advised them of the case in my 201 file they immediately moved on it (it was an obvious CUE). They have opened an appeal to the 1995 case, put the 2010 appeal on hold and I haven't heard anything since.

arkansastraders · July 20, 2012

On ebenefits under compensation and claims, special correspondence:

Your claim is complete. A letter will be sent to you via U.S. mail formally documenting the completion of your claim. Please allow standard delivery time prior to contacting the VA call center

Could this be anything else? Like congressman following up or VSO following up, etc.?

71M10 · July 20, 2012

Arkansastraders,

I think you are indicating it was in your C file not the 201 file. I think everyone here understands what you mean, but as for the VA they will tell your congressman with a straight face, that nothing of the sort was in your 201 file.

Your actual 201 file will stay in St. Louis, if they associate a copy from that file with your claim they will put it in your C file which is an abreviation for Claim file (or is it compensation?), which will remain at the VARO managing your claim unless it is farmed out, sent for a C&P exam, or transferred to the BVA/CVAC in the event of an appeal. They are also supposed to place the complete copy of your service medical records in this file. However, things have been known to go missing on occassion.

If you have a congress critter involved the special correspondence is most likely their letter to them. Funny how they consider it a "claim", they say they have mailed you the decision, and that you can appeal! So do you use a form-9 to appeal/challenge the BS explanation VA sent to your Congressman?

Best regards,

Edited July 20, 2012 by 71M10

arkansastraders · July 20, 2012

Thanks. It is a c file I received from the RO and 201 from St Louis. Neither of the records had the active duty surgery in them though. I had to send a FOIA to Ft. Benning hospital and ask for "in patient medical records", which I received and forwarded to the RO. So it was in fact the DOD who screwed that up. They can't hide it from anyone. I sent a copy to the RO highlighting the 1995 case and the fact they adjudicated it twice and now they are appealing the same case again. Congressman and Senator both have copies. I'm testifying before Veterans Affairs Board in Washington in 2 months. At this point I'm just out to blow the lid of their little jar lies and misrepresentations. 17+ years, perfect NEXUS letter, all claims directly connecting to active duty medical records. I thought a CUE could be used, but not sure now. The fact they transferred my file to NY by mistake and changed my address to a NY address, that is plainly their outright mistake.

The letter came today, it was the congressional inquiry.