Va Says Appeal "not Received" ?!?!

[Raybob]

So I received a SOC dated 1/22/2013. After coming here to the board to seek input on wording for my Form 9 (see earlier posts with the subject "Best Place to Hold a Bva Appeal?" -- I mailed it (regular mail) to Winston-Salem on 3/1/2013.

After a week, I checked e-benefits every day to verify it was received. Nothing was ever reflected that it was received. I contacted VA by phone twice.... the second time on 3/20/2013 to ask about receipt. That second time the customer assistance rep said they would make an inquiry of the W-SRO for the letter I mained on 3/1/2013, and also gave me a fax number to fax in a copy of the Form 9. The fax number never answered. I looked up a fax number for the W-SRO online on their RO website and found one, tried it, never answered. I told him I could laos send it certified mail, but was concerned about mail time and he said they go by the date the appeal letter is postmarked.

So, that same day 3/20/2013, I re-printed out my Form 9, added a cover letter citing that I sent it in on 3/1/2013 and all the actions I had taken to verify receipt and this time sent it certified mail. I have the tracking information: sent 3/20/2013, "available for pickup" in Winston-Salem on Saturday 3/23/2013 and "delivered" to the W-S RO on Monday 3/25/2013.

I noticed on e-benefits on 4/1/2013 that it finally updated and said the case was decided and closed by the BVA. I thought this was unusual since I requested a hearing in DC, but waited another couple of weeks for a letter and never received anything, so I called VA last week to ask what the e-benefits "closed' meant. The customer service rep then told me the file was annotated as "no appeal received" so the claim was closed out!

I told her the entire saga and she entered an inquiry to the W-SRO (this time giving me the inquiry tracking number) including my statements that it was sent twice (and the dates) asking that the RO search for the Form 9 and told me the RO would reply back to me in 7-10 days. She said if they find it, they will re-open the appeal.

Any advice on what to do now? On top of having to appeal at all and several rounds in the ring with this particular RO, I feel like I have been put through the ringer yet once again!

Thanks for any suggestions.

Cheers,

Ray

[Chuck75]

Sounds like the typical VA hamster cage/ runaround to me!

[FormerMember]

And thus a new "free-standing "claim is born. In several years, you'll get to the BVA and they will grant the request under equitable tolling and reopen your claim. It will begin all over again at the RO. Hamster wheel indeed. Now you see the need for the magic green card. Technically, the date of the postmark is the date of VA acceptance.There is a date stamp on the green Certified Mail receipt showing the day received. If you were less than 100 miles from the RO, it should have arrived in time. Check the card date for its arrival in the VA mailroom. Somebody is blowing bubbles if you have that much documentation that the filing was en route. Always remember there are two rules . You must prove the common law mailbox rule (proof of mailing). VA receives the more lax "presumption of regularity" which expounds that if they dropped it in the USPS pouch with the correct address, you received it. Best of luck.

[carlie]

[Philip Rogers]

So I received a SOC dated 1/22/2013. After coming here to the board to seek input on wording for my Form 9 (see earlier posts with the subject "Best Place to Hold a Bva Appeal?" -- I mailed it (regular mail) to Winston-Salem on 3/1/2013.

After a week, I checked e-benefits every day to verify it was received. Nothing was ever reflected that it was received. I contacted VA by phone twice.... the second time on 3/20/2013 to ask about receipt. That second time the customer assistance rep said they would make an inquiry of the W-SRO for the letter I mained on 3/1/2013, and also gave me a fax number to fax in a copy of the Form 9. The fax number never answered. I looked up a fax number for the W-SRO online on their RO website and found one, tried it, never answered. I told him I could laos send it certified mail, but was concerned about mail time and he said they go by the date the appeal letter is postmarked.

So, that same day 3/20/2013, I re-printed out my Form 9, added a cover letter citing that I sent it in on 3/1/2013 and all the actions I had taken to verify receipt and this time sent it certified mail. I have the tracking information: sent 3/20/2013, "available for pickup" in Winston-Salem on Saturday 3/23/2013 and "delivered" to the W-S RO on Monday 3/25/2013.

I noticed on e-benefits on 4/1/2013 that it finally updated and said the case was decided and closed by the BVA. I thought this was unusual since I requested a hearing in DC, but waited another couple of weeks for a letter and never received anything, so I called VA last week to ask what the e-benefits "closed' meant. The customer service rep then told me the file was annotated as "no appeal received" so the claim was closed out!

I told her the entire saga and she entered an inquiry to the W-SRO (this time giving me the inquiry tracking number) including my statements that it was sent twice (and the dates) asking that the RO search for the Form 9 and told me the RO would reply back to me in 7-10 days. She said if they find it, they will re-open the appeal.

Any advice on what to do now? On top of having to appeal at all and several rounds in the ring with this particular RO, I feel like I have been put through the ringer yet once again!

Thanks for any suggestions.

Cheers,

Ray

You should be okay, w/your certified dated stuff. They generally go from the date of their letter, plus a few days for mail delivery. So if their SOC is dated 1/22/13, it doesn't actually get mailed for at least one or two days, and then they allow 2-3 days for you to receive it. Your first letter could be there, as it can take up to three wks for the mail to hit the correct office, it's meant for. Remember, the VARO's get thousands of pieces of mail each day, which must be sorted by their "lowest paid employees " and then delivered to the required offices. jmo

pr

Edited April 27, 2013 by Philip Rogers

[broncovet]

Welcome to VA's "Shreddergate 2: The hamster Wheel Returns" Starring Veterans from all 50 states, and Featuring Overpaid VA executives and Overpaid VSO's.

In this episode, Titled, "Raybob's Appeal not recieved", the Veteran sent his appeal via certified mail, and the VA still manages to lose it and deny it ever existed. Stay tuned for the next exciting episode.

VSO;s who earn over $200,000 per year, helping Veterans:

http://asknod.wordpress.com/2013/04/24/how-low-is-low/

[FormerMember]

Mr. Rogers gives good advice on the timing. I filed a CUE in August 2012. When queried on the progress, VA insisted they never received it. I sent them a polite letter giving them the USPS article number off the Green card and the name of the mailroom clerk who signed for it. What was lost was suddenly "found" and the VARO proceeded with the claim. Well, they said they were proceeding. Ebennies say it will be accomplished NLT August 2014--well within the expected 2015 for the resolution of the claims backlog.