Is Va Trying To Screw Me Again

[Teac]

I have had an appeal pending at Houston RO since Feb 2010. I keep checking ebenefits to check the status. Until last week it had no movement at all, still stuck at the Regional office. I called last week and inquired on the status and was told Houston is so backlogged it takes two plus years to get it to the BVA. Late last nite I checked ebenefits again and it had two new entries. One entry said SOC 6/1/2012 and the other entry said Form 9 6/11/2012.. I never received either item. I tried to initiate an ebenefits email inquiry, but it kept rejecting my question saying my SSAN was in use by another member. So today I called the va and inquired. I was told not only were these items mailed, but that my POA Texas Veterans had responded. First, I have no POA assigned as I do all my own work, secondly they are in my opinion the worst people to assign the POA. But more important, I have no idea how the Texas Veterans responded. The other problem is we only have 60 days to respond to the SOC and appeal although I thought I already done a form 9 and NOD two years ago. But now my understanding is I may be screwed because I did not get the SOC I could not respond...... any suggestions?

[jbasser]

Have you ever used the Texas Veterans in previous claims?

If you did did you formally fire them?

if you did formally fire them, contact them amd ask them to show you what they have receivied.

Any medical information concerning you after you fired them is considered a Hippa violation of your health record.

You need an attorney in a bad way. It appears Houston is in a state of chaos right now.

Have you spoken to an attorney?

John

[Notorious Kelly]

PLEASE don't depend on ebenefits for current info on your claims; it's a manually-updated database and lags behind, has inaccurate info and may not be updated at all.

[Teac]

PLEASE don't depend on ebenefits for current info on your claims; it's a manually-updated database and lags behind, has inaccurate info and may not be updated at all.

You are correct I do not depend on it, but when something appears that indicates an action too place and I haven't received any thing in the mail, then I get concerned.

[Pete53]

You are correct I do not depend on it, but when something appears that indicates an action too place and I haven't received any thing in the mail, then I get concerned.

I don't depend on anything the VA says. It only counts when the action is completed or the money is in the bank

[broncovet]

CYA.

First, try honey before vinegar. Ask for copies of your SOC but document your request in IRIS, and you can call also. But leave a paper trail so the VA cannot just lie, as they love to do just that.

Wait a couple weeks to see if you receive a SOC. If so, respond to the SOC with an I9.

If no SOC is received, then inquire through IRIS to document non receipt of your SOC. Make sure VA has your current address.

Finally, if still no response, then file a I9 to your mystery SOC. Dont give the judges excuses to deny you.

Contact Texas and ask them who your POA (The VSO) is with. Then ask him what was his response, and how did Texas wind up with your POA?

Edited December 14, 2012 by broncovet (see edit history)

[carlie]

Teac,

I'd sure be real concerned too.

Most likely I would make a trip to my VARO in person - pronto

as something sure sounds screwed up.

[deanbrt]

I agree with Carlie. Don't wait. Go to the VARO in person right away.

[john999]

They may have mixed your records up with another vet's. I would go in person and find out what is happening.

[Teac]

My RO is Houston, it is at least a three hour drive, and if I do survive the ride, I still have to get them to listen.. we all know Houston is perhaps the worst RO in the system..... As to Iris, I tried that, and it tells me my SSAN is already in use.. so I have to call them about this and find out what the hell that means..... I have never assigned my POA to anyone, remember I used to be a DAV service officer, (although its been a while) I still understand the system very well, but getting the va to do the right thing is out of my power.... I think all I can do now is to follow up with a letter indicating that one, I never assigned a POA and two, I never received the SOC even if they sent one in June to the Texas Veterans, I should have also received a copy.... so that is really the issue what happened to my copy.

[Teac]

Well.... it looks like I am getting old. I was cleaning up some on files on my computer and one thing led to another....I found a completed form 9 that was filled out concerning my appeal. I then went to my filing cabinet, this is a commerical file cabinet and the drawers are stuffed full ( all 5) with va claims files and medical records. I went through each file one by one.. until I came accross a statement of the case dated June 2012. Now I just don't remember seeing this SOC, but there it was as plain as day, along with a return receipt were the va sign off on it when I mailed it.. Ok so my memory is going and I filed the NOD in the wrong file.... But I still wonder why it took the va 6 months to indicate this on ebenefits, but of course I am dealing with Houston, and it still has not been fowarded to the BVA .. next month is two years since I started this appeal. Of course they do have texas veterans as my POA, which I know I never gave, because I have always done my own stuff for the last 15 years.... anyway Mystery solved, I sent the damn form 9.... Now tomorrow I will send a letter out ( of course certified return receipt).......making sure they stop sending my stuff to the Texas veterans...

Edited December 18, 2012 by Teac (see edit history)

[71M10]

TEAC,

Don't be too hard on yourself, been there and done that (sure I didn't receive or send anything). It is a humbling experience when you realize you totally and completely have suppresed or forgot something. I used to think I was cursed because I would remember everything, and sometimes in a relationship you need to be able to forget! I think I preferred it when I could recall everything...even to my detriment.

Best regards,

[Capt.]

Hello Teac,,,, We both getting old. I just found out today the Section 1151 is filed in your favorite RO and now they say its for COPD 1151 and the other one is for Mild atheroscerotic Section 1151.

I filed a Myocardio Infarction Section 1151 so they really have it messed up. It was filed in April 2011 and have a Malpractice Filed appealed to Washington FTCA . So they are the same.

I really do not know what to do now. Wait for the RO decision and let it die in a yr or so and file a CUE or do I get with them and try to explain their screwup. How they did this I will never know.

Just thinking maybe send the Inspector General a letter with all the correspondance and let them do it.

Teac ,,,why us , I mean at least you are pretty far down the road with your claims but I am just kinda getting going on mine and it is amazing how incompetent the RO is their.Any thoughts of action on the Section 1151 just let me know. I could use it.

I am sitll waiting for the NOD at the RO for the COPD restricted Lung disease with Diagnositc code 6604 and code 6845 for PULMONARY HYPERTENSION. and now the section 1151 has really got messed up.

and guess what......no information on my FOIA for the QTC Compensation and Examination Reports from more than a year ago.

Merry Christmas all and I really mean it . NEVER GIVE UP. God Bless, C.C.

Edited December 19, 2012 by Capt.Contaminate (see edit history)

[Capt.]

Hello Teac,

I was just thinking that if the VARO has made a mistake on your POV then you could have some real issues with timelines on some claims. If those claims have ended without you knowing about them then you may have some CUE issues and reopen because of it. And if the claims that were suspense dated to end without you knowing about it , will make a big difference on your other claims that were either decided or still moving in line to the next phase of adjudication. I could see a domino effect that could financially be a real mess and a paper chase.

And this is a big plus for the VAROs. They know that the longer they wait and postpone something , the longer the Veteran has to wait. How do they expect us to remember everything ???? we can't and neither can they. Just another tactic that works for them.

Also I noticed that your BVA wait has been nearly 2 years. Does that mean that the Wonderful Houston VARO has not "CERTIFIED IT to the BVA"??? I know they can sit on them and make decisions for NODs during that period but at some point the VARO has to move it on. Are you considering a Writ of Mandamus or could you??? Take care Teac and still plan on coming up there and will let you know too. NEVER GIVE UP . God Bless, C.C.

[Teac]

Hello Teac,

I was just thinking that if the VARO has made a mistake on your POV then you could have some real issues with timelines on some claims. If those claims have ended without you knowing about them then you may have some CUE issues and reopen because of it. And if the claims that were suspense dated to end without you knowing about it , will make a big difference on your other claims that were either decided or still moving in line to the next phase of adjudication. I could see a domino effect that could financially be a real mess and a paper chase.

And this is a big plus for the VAROs. They know that the longer they wait and postpone something , the longer the Veteran has to wait. How do they expect us to remember everything ???? we can't and neither can they. Just another tactic that works for them.

Also I noticed that your BVA wait has been nearly 2 years. Does that mean that the Wonderful Houston VARO has not "CERTIFIED IT to the BVA"??? I know they can sit on them and make decisions for NODs during that period but at some point the VARO has to move it on. Are you considering a Writ of Mandamus or could you??? Take care Teac and still plan on coming up there and will let you know too. NEVER GIVE UP . God Bless, C.C.

Correct the Houston Regional Office has taken no action and still has not fowarded it to the BVA. A writ.. I don't know simply because I don't think it is applicable until it reaches the BVA or court... I do know that I will be looking for a Pro Bono Lawyer from the Veterans Consortium , they handled my last claim at Court of Veterans Appeals in 2007 and were able to make a deal ( taht benefited me) prior to a court date being set.