Jump to content
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0
Sign in to follow this  
Spiderman

Claim Stuck In Gathering Evidence

Question

I been in the blind about this program, finally decided to give enrollment a try and now have access, my question or complaint is this: I filed a claim on 2/9/2012. VA requested additional information on 2/27/2012, Due by / Past Due on 3/29/2012. I submitted the remaining evidence on 3/22/2012. Ebenefits has not acknowledge or posted that I sent any additional evidence. They say to give them 21 days to update the web site, it has been 5 months now, still no update. I some how was able to make an inquire on the situation on 7/7/2012 thru IRIS, but have not received any follow-up, I filed my claim thru DAV (big mistake) they sent letters telling me it was submitted, but when I went to the regional office in my State I was literally walked to the front door after being told they would check into it (right), and have not heard anything from anyone. Is this common for it to take months to update the web site? Should I submit the paper work again, and slow the process that much more, lost and confused, please help.

Share this post


Link to post
Share on other sites

5 answers to this question

Recommended Posts

I been in the blind about this program, finally decided to give enrollment a try and now have access, my question or complaint is this: I filed a claim on 2/9/2012. VA requested additional information on 2/27/2012, Due by / Past Due on 3/29/2012. I submitted the remaining evidence on 3/22/2012. Ebenefits has not acknowledge or posted that I sent any additional evidence. They say to give them 21 days to update the web site, it has been 5 months now, still no update. I some how was able to make an inquire on the situation on 7/7/2012 thru IRIS, but have not received any follow-up, I filed my claim thru DAV (big mistake) they sent letters telling me it was submitted, but when I went to the regional office in my State I was literally walked to the front door after being told they would check into it (right), and have not heard anything from anyone. Is this common for it to take months to update the web site? Should I submit the paper work again, and slow the process that much more, lost and confused, please help.

not unusual. i submitted two different packets of info with my most recent claim, the last back in february. my ebenefits account shows it way past due. however, the county veterans service office i have been working with called and verified regional had it.

Share this post


Link to post
Share on other sites

I would suggest that ANY paperwork that you submit in reference to your claim be submitted directly to the VA by yourself with signature requested/proof of receipt and also give a copy to your Service Representative. If you want your service rep to review what you are sending before sending (recommended if your unsure if it will hurt or help your case) then have them review it, but I would still send it myself if they agree that it will indeed help your claim and just tell them that you prefer to do this yourself. One should always make a copy of any paperwork submitted for their own files - I actually keep the original and send everyone else copies. When you receive the card back from USPS or whatever service you use (USPS,FedEx, UPS) to send the info, attach that card to your copy for proof of receipt by the VA. With most services you can actually track what you sent on-line and download/print a copy of that as well. If you hand anything into your Regional Office in person - I would request a receipt as well...even if they are just willing to date stamp a copy of what you are submitting.

I'm not saying that in the cases already posted that the items were not submitted by the Service Rep I just personally feel much better if I KNOW that it was done by doing it myself and having proof that it was indeed done.

If you note on the bottom of most of the letters you have received from the VA...if you have a designated service rep on record....the VA will also send a copy of whatever they sent you to your service rep...well at least they annotate on the bottom of every letter I have received that a copy has been sent to my Service Rep. There is a reason they do this (CYA) so why not do the same.

Anything I receive from the VA by mail....I also keep the envelope that it was sent in and attach it to the paperwork because the post office places a date stamp on the envelope.

My Regional Office, Winston-Salem NC, has been very good at posting what it receives from me on ebenefits - usually within 1-2 weeks I have seen it posted in the "Evidence we received" section. Each RO is different but when I send things myself, there is no doubt in my mind that it was sent. Given my RO's history thus far, if I did not see it posted within three weeks....I'd send it again. If resending the info to ensure that the VA is in receipt of pertinent info sends my claim back in the process...so be it.....but I would hate to think that my claim was denied or low-balled because they were not in receipt of the info I had and I'll now have to spend 2-4 years or more in the appeals process.....Just my opinion and two cents...

Edited by USMC5811

Share this post


Link to post
Share on other sites

eBenefits sat unchanged for my claim for months. I sent documents in on several occasions and it went WAY past the 21 day mark. I've been told that they try to get to it within 21 days but also that the volume of mail they receive daily would amaze most.

In other words, eBenefits can take a while to update and in some instances doesn't. Your only recourse should something not make it into your c-file is as USMC5811 stated below. Keep copies of everything.

Keeping good records of date/time sent, signature receipt etc. is your only friend when something comes up missing.

I had an excel spreadsheet with everything in it. I would scan my receipts from FedEx and keep them in the file. My anal retentiveness helped in the end.

Edited by Inthewind

Share this post


Link to post
Share on other sites

I take an additional step when sending info to the VA. I have a small stack of the two USPS RRR pieces of paper--the green return card and the Certified Mail Item# sticker that goes on the envelope/package. I reference the Item# in either the cover letter for a package of paperwork or in the letter itself.

Like this:

VARO

123 Main St.

Hometown, ST 123456

VIA: USPS Certified Mail # xxxx-xxxx-xxxx-xxxx

John Q. Veteran

456 My Street

Hometown, ST 654321

In a pinch, I have just written the VIA: line by hand at the Post Office.

I have also programmed a MS Word template with a footer with Page 1 of 1 USPS Certified Mail # xxxx-xxxx-xxxx-xxxx on each page just for VA communications.

My intent has always been to discourage the VA from throwing it away. As we all know, if VA receipt of some specific piece of information is the issue, the veteran is already years into the process.

BTW Inthewind: "My anal retentiveness helped in the end." Great pun!

Share this post


Link to post
Share on other sites

@GuaymasJim - I was wondering if someone would catch that!

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • Rating "Protections"
      The VA has several regulations governing various levels of "protection". The terms "permanent", "protection", and "total" are misnomers due to the various ways the VA has defined them.

      Here is some information on VA ratings protection (but the word "protection" has a different meaning to the VA). The exception to these rules is if they can prove fraud.

      5 years

      The key part to remember about the 5 year rule is found 3.327(a) indicating that these are guidelines which are not necessarily set in stone. The key takeaway for most veterans is reduction should not occur if there has not been material improvement over 5+ years or if the veteran is over the age of 55.

       

      10 years

      In brief, ratings in effect for 10 years cannot have service connection severed.

       

      20 years

      In brief, a disability rated for 20 years cannot be reduced below the lowest rating percentage it has held for the previous 20 years.

       

      P&T

       

      TDIU

       

       

       

      Disclaimer: I am not a legal expert, so use at own risk and/or consult a professional representative. The VA updates their regulations from time to time, so this information may become outdated.
        • Thanks
        • Like
      • 7 replies
    • Everything Veterans Affairs does with your service connected disability compensation claim, is governed by law. You may want to bookmark this page as a reference as you proceed with your claim.

      It can be a bit daunting. Just remember the U.S.C. is the law, the C.F.R. is how they interpret the law and last but certainly not least is the V.A. adjudication manuals that is how they apply the law. The section of the law that covers the veterans benefits is Title 38 in the U.S.C. in the C.F.R. is usually written 38 C.F.R. or something similar.

      It's helpful to understand how statutes, regulations, and VA directives such as the VA’s Adjudication Procedures Manual, the M21-1MR (Manual M21-1MR.) are related. Of these three sources of law, the statute, written by Congress, is the highest form. The statute that governs veterans’ benefits is found in Title 38 of the United States Code (U.S.C.). The VA writes regulations to carry out the laws written by Congress; these are found in Title 38 of the Code of Federal Regulations (C.F.R.). The VA’s internal instructions for adjudicating claims are contained in the Manual M21-1MR. VA regulations may not conflict with any statute; the manual’s provisions may not conflict with either statute or regulations. If they do, the Court has the power to invalidate them.

       










      U.S.C. United States Code United States Code is the law and the U.S.C. is the governments official copy of the code.


      U.S.C.A. United States Code Annotated U.S.C.A. contain everything that is printed in the official U.S. Code but also include annotations to case law relevant to the particular statute.


      C.F.R. Code of Federal Regulations The C.F.R. is the interpretation of the law


      VA M-21 Compensation and Pension Manual


      VA M-21-4 C & P Procedures


      VA M28-3 Vocational Rehabilitation


      VA M29-1 VBA Insurance Manual
      • 0 replies
    • HadIt.com Branded 11oz Coffee Mug for sale
      11oz Coffee Mug with HadIt.com Logo and Motto $12
      • 0 replies
    • Show your support with HadIt.com logo items. Only a few to start, t-shirts and ball caps coming https://hadit.com/shop/ Can holder, Coffee Mugs and Notebook currently come take a look and check back https://hadit.com/shop/

       
      • 0 replies
    • I was unable to find a reply box to your post.

      We have a full Agent Orange forum here.

      Many veterans (and even their survivors) have succeeded in getting a disability, not on the presumptive list, service connected due to their proven exposure to AO.

      Also Secretary Wilkie is considering a few new presumptives, but we have no idea if  he will even add any to the list.

      I wrote to him making a strong argument, as  to the potential for HBP to be added, as well as ischemic stroke and have prepared a personal claim based on the same report a veteran used at the BVA, who also had a strong IMO/IME, and the BVA recently granted his HBP as due to his exposure to AO in Vietnam.

      Most veterans with HBP were deemed as having "essential" - a medical term for no know cause- now we have a cause in Vietnam veterans---AO caused it.

       

      The report is here:

      https://www.nap.edu/read/25137/chapter/2

      On page 8 they found there is "Sufficient" evidence that AO caused HBP in Vietnam veterans.

      The BVA case and this report is also searchable in our AO forum.

       

       

       
      • 0 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines