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Va Says Appeal "not Received" ?!?!

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Raybob

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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

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  • HadIt.com Elder
sorry to hear about your lost records, Raybob. Good Luck on getting it straightened out.
I know it has been a heavy load, however, ...we must push on...
Cmdr. Bob
Edited by Commander Bob
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I had the same thing happen. Thank God I send all my letters Certified Return Receipt. I made a copy of everything and sent it return receipt again. I then went to my Rep and Congressman. You can "ebenefits" them too. In the question prompt to the RO. I don't like calling anymore. It just aggravates me.

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