Filed Complaint Against Regional Office After Losing Evidence 2Nd Time

[georgiapapa]

Well I have either shot myself in the foot and put my current claims on the real slow track or I will get some action going on my claims. I simply reached my breaking point with my local VARO and I sent a written complaint to the VA through IRIS requesting an in person meeting with the person in charge of my local VARO. I advised that if the meeting could not be arranged, I wanted telephone numbers, names and addresses of the Inspector General of the Veterans Administration and the Director of the Veterans Administration. I am ready to fly to Washington if necessary if that is what it will take to straighten out the mess my claim is in due to the incompetence at my local VARO.

I filed claims for AO multiple myeloma and Peripheral Neuropathy secondary to multiple myeloma in 2011. I submitted all of my evidence via certified mail in 2011 and my VARO lost the evidence. As a result, I hand delivered copies of my entire evidence package to my VARO in May 2012. Although I had the first six pages of my evidence date stamped, which is all they would date stamp, the "Evidence Received" section on my Ebenefits indicated the VARO did not receive any evidence unti August 19, 2012.

I had my C & P exam on September 12, 2012 for my claims. I received a copy of the report and the VA examiner indicated in her report that I had multiple myeloma and she also indicated my peripheral neuropathy was as likely as not secondary to my multiple myeloma. Sounds good but read on.

Based on the C & P report, I thought everything was back on track with my claim until I received a letter from my VARO today requesting evidence in support of my claims. The requests were for evidence I had previously submitted in 2011 and 2012. Also, they asked for evidence showing that I had received medical treatment for my current "skin condition" which they indicated was multiple myeloma, within one year of my last exposure to agent orange. Although I submitted approximately 100 pages of doctor reports, lab reports, diagnostic test reports, IMOs, military records of Vietnam service, etc; the morons at my VARO think that multiple myeloma is skin cancer and must manifest itself within one year of exposure to agent orange. Multiple myeloma is a blood cancer in the bone marrow and has nothing to do with the skin. It also does not have to manifest itself within one year of agent orange exposure. The VARO has myeloma confused with melanoma which is a skin cancer. It is hard for me to believe the VA has persons working on AO claims who do not have a working knowledge of the AO diseases.

The letter I received today from my VARO also had a list of the evidence they claimed they had received from me. According to their list, I had only submitted five documents or about a dozen pages rather than the approximately 100 pages I actually submitted on two previous ocassions. They don't even show my diagnosis letters or my IMOs yet they sent me for a C & P exam. Now they have given me to October 25th to submit my evidence, for the third time. In my IRIS complaint, I asked for the in person meeting with the person in charge of my VARO to take place before October 25th.

I am sorry for the long post but I had to vent to people who understand exactly how I feel. I do not mind waiting my turn, I just don't like being sent back to the end of the line because of the mistakes and incompetence of my VARO.

If anyone has any comments or suggestions, please let me know.

Georgiapapa...

P.S.- I have three other claims I plan to file for IHD, mental health disorder & a scar rating for a service connected shoulder injury but I am holding off until I can straighten this mess out on my current claims.

[foxhound74]

I feel ya! I myself sent several request to my VARO on my claim just to get their computer generated sorry letters in the mail on top of a Congressional inquiry sorry letter. I cant say it helped but i cant say it hurt and they (Sea) kept sending me request for additional info even thoa i had sent everything except my arms and legs (ebenefits always was a month late on updates). They eventually got to me after 18months.

I dont think they would send your claim back. As for your other conditions i'd say get them in now with evidence, thoa you might have a few more QTCs and a few more months to wait, its better then sending them to the back of the line after your original claim.

Good Luck

[broncovet]

Georgiapapa

Shreddergate is alive and well at the VA. Like yourself, I am a shreddergate victim. There are many, many more of us. Of these, many simply do not know they had evidence shredded. They just know they were denied, and do not know why.

In 2008, they had shredder bin inspections which revealed 41 out of 57 Regional Offices had Veterans evidence in shredder bins waiting to be shredded. We dont know how much more there was, and those inspections WERE NEVER DONE AGAIN. The VAOIG just "assumed" the problem was solved, when it was "solved" on the backs of Veterans like you and me.

Like yourself, I am pissed. And I have evidence, not just hearsay.

I dont know when you are going to DC, but let me know and I will do my best to be there and testify with you..as I am also a victim..swept under the rug. I can bring my evidence.

[carlie]

Well I have either shot myself in the foot and put my current claims on the real slow track or I will get some action going on my claims. I simply reached my breaking point with my local VARO and I sent a written complaint to the VA through IRIS requesting an in person meeting with the person in charge of my local VARO. I advised that if the meeting could not be arranged, I wanted telephone numbers, names and addresses of the Inspector General of the Veterans Administration and the Director of the Veterans Administration. I am ready to fly to Washington if necessary if that is what it will take to straighten out the mess my claim is in due to the incompetence at my local VARO.

Office of Inspector General

http://www.va.gov/oig/

To go help in Washington you will need to get under BVA or COVA's jurisdiction.

[georgiapapa]

Carlie,

I don't want to delay my claims any more than necessary. Are you saying I would be wasting my time going to DC unless my claims are in the appeals process?

There must be a method where a veteran can file a legitimate complaint against a VARO when the VARO keeps losing a veteran's evidence and unnecessarily delaying their claims.

My VARO ignored me when I previously asked any questions through IRIS about the evidence I submitted. They keep asking for the same evidence which has already been provided twice. I have the green USPS certified mail card which only proves they received something from me in 2011 but does not prove what they received since they never acknowledged receiving anything until August 19th of this year and they only acknowledged receiving a few items of my evidence on Ebenefits. I hand delivered the same evidence on May 1, 2012 but I can only prove they received six pages of my evidence since this is maximum amount of pages of my evidence they would date stamp. In the letter I received today, the VARO only acknowledges receiving just a small portion of the evidence I submitted.

Unless I misunderstood your reply, It sounds like you are saying my only option is to sign the second VCAA notice they sent to me along with their letter requesting more evidence and tell them I have no other evidence to submit, let them deny my claim since they don't have all of my evidence and then file an appeal, wait a few years for the BVA to deny my claim and then go to DC. This is BS. I hope this is not what you are saying. Sorry if I sound a little irritated but I just don't know what to do at this point.

If someone can tell me how I can submit evidence to my VARO and actually be able to prove what they received, you will make my day. However, do not suggest certified mail or hand delivery because this has not worked for me.

Georgiapapa...

[georgiapapa]

Carlie,

I apologize for venting at you because I know you are trying to help me. After calming down a little, I realized that I took your reply the wrong way.

Georgiapapa...

[Berta]

Ask them to CUE themselves on any letter they send to you that says they didnt receive your stuff.

Tell them they have broken the evidentary standards they must adhere to in 38 CFR 4.3 and 4.6.

CC the letter on the bottom of it to

Chairman Jeff Miller

House Committee on Veterans' Affairs

335 Cannon House Office Building

Washington, D.C. 20515

and send him a letter with copy of their letter to you.

Enclose to them all:

“Title 38: Pensions, Bonuses, and Veterans' Relief

CHAPTER I: DEPARTMENT OF VETERANS AFFAIRS

PART 4: SCHEDULE FOR RATING DISABILITIES

Subpart A: General Policy in Rating

4.6 - Evaluation of evidence.

The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law. “

Print it out from the link below and enclose it .

http://cfr.vlex.com/...idence-19774393

It worked for me the last time VA did this crap to me. They did it to me regarding my 2003 claim adding years to the resolve.

Denial in Dec 2011 AO IHD death claim, due to no evidence.

Reversed and awarded January 2012.

When filing complaints via IRIS make sure you use the COMPLAINT thing on their menu.

A lot happened in the 2-3 weeks it took to me to get their thumbs out of their butts. I was relentless by phone, email, and fax.

But other steps I took are not appropriate in your case.They didnt want me to take the next step I told them planned to do either.

I will if they pull this on me again with my recent new claim.

We cannot allow them to violate our basic rights in 38 USC.

Stuff like this is one reason we have the enormous backlog.

My testimony to the H VAC during Shreddergate included copies of 53 USPS tracking slips of evidence the VA said I never had sent in the 6 years that they deliberately chose to ignore.

This stuff doesn't happen in a vacuum.

I recently wrote to H VAC CHairman Miller on another issue but I also brought up this same very point.

I enclosed to him a copy of letter I recently sent to Secretary Shinseki on the ridiculous BVA web site problem.

It would help a lot if he could get another letter regarding that same additional issue, as my point ,in the Shinseki letter ,was that for many claimants., the BVA is the sole VA entity who ever reads their evidence.

And that happens because of situations like yours and the one I had this past December.

Make sure you strongly clarify the disability you have,in these contacts.

I have letters from Buffalo here, if needed for further H VAC testimony, that seems to highly indicate that the VARO employs illiterates.

Edited September 29, 2012 by Berta