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.

[georgiapapa]

I appreciate all of your comments. I have had time to calm down and reflect on my situation. I realize there are veterans out there who have more problems than I do with the VA. They have also waited a lot longer than I have for a fair disposition of their claims. I just needed to vent. I am just going to try to be patient and not let this stuff get to me. I am not sure how that is going to work out.

Thanks again,

Georgiapapa

[deanbrt]

Georgiapapa, you have to stay the course.The VARO for me was always a dead end. I could sense after some time a continual delay tactic designed to wear the vet down. As someone said to me, at BVA they have lawyers that can read. And so, my goal became to get to BVA as fast as possible. I truly feel my VARO knew I would prevail there and did their best to delay it. And so I did.

[deanbrt]

For what it is worth. my senator helped a lot and I think I wrote previously that the VARO would not give him a copy of my decision because my release of information to the senator was ":too old". I sent him a new one and I received a copy of what was sent to my senator, after returning from a family trip today. It is dated July 13 but it is pretty damned odd the wording is much more specific in my favor than what I received July 16 that was dated that same date.........

[Berta]

Just to add... the VA probably has not lost your submissions.

They have probably misplaced them.

However, I have been victimized by VA many times, with the "we didnt get any evidence" stuff." and in 2010, worse yet, "we LOST your AO IHD claim" and this thread here gave me a de javu flashback

so my advice might have been too stern.

This is one reason all vets should have a VSO. The VSO ,if they also have copies of your submissions, can re submit them too or at least look into the problem , as VSO records ,in the file they open when you sign the POA, can be a documented back up to what the VA said you didn't send.

If you tell me what VA, I might have a fax number you could fax the evidence to.

In any dealings with VA by fax ,IRIS, or snail mail , I always refer to the initials in the numeric code to the right hand side of their letters after the Re: tat I am questioning.

Those initials are for the person who prepared the letter or decision.

Also if you use the often useless 800 #ask the 800 rep for their ID code, they all have an numeric ID number and if you just ask for it before they review the PC,

you might get an accurate response.

.

Edited September 30, 2012 by Berta

[georgiapapa]

Berta,

I admire your patience and your don't give up attitude. If I had been through half of what you have been through in your battles with the VA, I would have gone postal by now. I have a good wife who reins me in when she sees me getting that old Marine Corps "kill em all" look in my eyes. She has already told me she is going with me to any meetings with VA employees because she is afraid I might do something I will regret later. Unfortunately, she wasn't at home when I fired off my IRIS message complaining about my VARO.

If things do not work out soon, I will reluctantly consider a VSO. However, comments from fellow veterans about problems they have experienced with VSOs doesn't give me a lot of confidence in VSOs. In the past I tried to contact a VSO and also my state VA rep in my county. One never called me back and the other just talked about how busy he was and never really appeared to be interested in helping me. I don't know why they don't hire more VSOs. If it is a money thing, I believe there are a lot of veterans out there, including myself, who would volunteer to work free as a VSO if they could receive VSO training.

I thought I had the fax number for my local VARO but I can't find it. If you have it, please provide me with the fax number for the Atlanta VARO.

Thanks again for your continued assistance.

Georgiapapa...

[deanbrt]

I think many here would question using DAV. I personally received good support at the end from the American Legion is accessing some information