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New Vcaa Notice On The Way! Thanks All!


Josephine

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When I looked at my VCAA notice - Under the Title of How You can Help and How Va Can Help You. it stated " No evidence to suport this claim has been received to date". I took everyone's advice, contacted my representative and called the Management Center and told Pearl, one of the counslors that can open a code 6, that my VCAA Notice did not look anything like the one that I downloaded from this site.

She looked it up for me and said." this statement is not correct." She said, "I know that this is not correct, for I have seen your file". I told Pearl that I wanted it in writing what information, private medical records and what ever that they had from the BVA typed up and sent to me from 1965 to date.

My representative has also contacted them for me. He said that this information would be provided to me. I have been almost 4 months into this thing, and sending them everything, but my kitchen stove, trying to figure out what they had and what I needed to sent to them in support of my claim.

Thanks Berta for telling me that I did not have a correct VCAA. Thanks to the party that provided me the opportunity to view their VCAA Notice, to realize that mine was not correct.

Forever Grateful,

Josephine

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Josephine-

I sure thank Jangrin -in behalf of probably thousands of vets who have never gotten one and should have----for taking the time to post a real one at hadit-

I bet some of our hadit veteran Guests out there- never knew what it looked like either-

I feel that the VCAA in 2000 was one of the most important changes to VA regs and law-since Nehmer (AO class action lawsuit)

I also believed for a long time-that a Statement of the Case with "IMPORTANT Reply needed" letter was the actual VCAA Notice ---yet it is not .

The Election that comes with the actual VBCAA NOTICE RESPONSE

can be CRITICAL to the veteran's claim.

The second election box- (if the vet has additional evidence or even evidence they already sent, yet VA has so far failed to consider-thus "new and material")

gives the veteran 60 MORE days "at least" as the VCAA Notice says-

to submit more information or evidence-

My SSOC gave me 60 days to respond yet they ognored the response-

Now I realise that it is the Election that triggers attention to your responses to SSOCs with more evidence-page 7 on the VCAA Notice-

It could even be information from sources that VA has failed to get it from- or what they have not listed as evidence in the denial yet have to consider.

When I realised that the numerous remands (which are growing daily at the BVA- and many are due to this violation on VA's part -of DTA by failing to send this notice)-

I thought hmmmm- maybe I should just copy Jangrin's blank VCAA form and send it in to my RO -with my unread IMOS- BUT that won't work-

I want my file to stand without it-

because that proves that they do NOT have my signed election form and did fail on DTA in my case.

My vet rep (former)got a better one Wednesday- never ever mentioned this real VCAA letter to me-

He probably has never mentioned it to any of his clients for years.

I have never read in any referenced 646 at the BVA that any vet rep or NSO caught this DTA error and challenged it.

The 646 is the service orgs statement for the veteran in support of the appeal.It goes to the BVA with the c file.Some are quite detailed, others are just generic. Some vet reps do not even bother to fill one out.

You would think- at this point- if the vet rep has read the veteran's SOC or SSOCs, and especially if they are given the opportunity to send the 646 in to support a case being transferred on appeal-to the BVA-

that this would be one of the prime errors they would pick up on- and this DTA error could be resolved at the RO level-or at a socalled DRO review-

the DRO is supposed to pick this error up to- my DRO couldn't read so she missed it.

no- many many vet reps and NSOs are just leaning back in their nice PC chairs, yawning, and scratching their heads,or whatever- waiting for lunch time-or 4 PM and they have no concern at all over this major DTA violation-

why should they- a transfer to the BVA ,without significant challenge, gets the claim and the veteran out of their hair for years-

Josephine- maybe this will turn your claim around in a positive way!

"I told Pearl that I wanted it in writing what information, private medical records and what ever that they had from the BVA typed up and sent to me from 1965 to date."

Yeah- GREAT Idea-

I want to see that so called 646 my vet org said they prepared too-

Many things happened to my AO claim in Jan 2006. It went to two authorizors and a VSM for 3 signatures-800 vet reps told me that claim (AO Death)was resolved. One was surprised I did not get a decision in Feb.The CUE claims were in process.

Then in July they tell me it was transferred to the BVA and my vet rep POA claims the 646 was prepared the day before it was transferred-

Yeah right- they had 6 months to challenge the denial and the DTA VCAA error and the claim sits there for 6 months after the three signatures?

800# people told me many times in Feb that this claim was decided in January and it takes 6 months to find out they did not address any of my evidence??????

I have gotten a BS response on my 646 from my vet reps-

I guess I will have to write to the B VA for a hard copy of it-

I want to see it.

You mentioned Pearl at the Management Center- she is supporting the fact that you are right- good for you Veteran-there ARE people at VA who know what is what.

I used to call Sec. Jesse Brown and anyone I could to get the VA to read my evidence in the 1990s.

A claimant often has to use email, snail mail, letters, and phone calls- relentlessly in order to get VA to do their job.

They might also have to engage in parallel warfare with their vet rep orgs too-to get them off their ass-

If that is what it takes to get a proper award-(granted by virtue of the VA's own regs-and ostensibly supported your POA's own mission statement)-for vets disabled by their service-then we have to do it.

Good for you Josephine!

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  • HadIt.com Elder
Josephine-

I sure thank Jangrin -in behalf of probably thousands of vets who have never gotten one and should have----for taking the time to post a real one at hadit-

I bet some of our hadit veteran Guests out there- never knew what it looked like either-

I feel that the VCAA in 2000 was one of the most important changes to VA regs and law-since Nehmer (AO class action lawsuit)

I also believed for a long time-that a Statement of the Case with "IMPORTANT Reply needed" letter was the actual VCAA Notice ---yet it is not .

The Election that comes with the actual VBCAA NOTICE RESPONSE

can be CRITICAL to the veteran's claim.

The second election box- (if the vet has additional evidence or even evidence they already sent, yet VA has so far failed to consider-thus "new and material")

gives the veteran 60 MORE days "at least" as the VCAA Notice says-

to submit more information or evidence-

My SSOC gave me 60 days to respond yet they ognored the response-

Now I realise that it is the Election that triggers attention to your responses to SSOCs with more evidence-page 7 on the VCAA Notice-

It could even be information from sources that VA has failed to get it from- or what they have not listed as evidence in the denial yet have to consider.

When I realised that the numerous remands (which are growing daily at the BVA- and many are due to this violation on VA's part -of DTA by failing to send this notice)-

I thought hmmmm- maybe I should just copy Jangrin's blank VCAA form and send it in to my RO -with my unread IMOS- BUT that won't work-

I want my file to stand without it-

because that proves that they do NOT have my signed election form and did fail on DTA in my case.

My vet rep (former)got a better one Wednesday- never ever mentioned this real VCAA letter to me-

He probably has never mentioned it to any of his clients for years.

I have never read in any referenced 646 at the BVA that any vet rep or NSO caught this DTA error and challenged it.

The 646 is the service orgs statement for the veteran in support of the appeal.It goes to the BVA with the c file.Some are quite detailed, others are just generic. Some vet reps do not even bother to fill one out.

You would think- at this point- if the vet rep has read the veteran's SOC or SSOCs, and especially if they are given the opportunity to send the 646 in to support a case being transferred on appeal-to the BVA-

that this would be one of the prime errors they would pick up on- and this DTA error could be resolved at the RO level-or at a socalled DRO review-

the DRO is supposed to pick this error up to- my DRO couldn't read so she missed it.

no- many many vet reps and NSOs are just leaning back in their nice PC chairs, yawning, and scratching their heads,or whatever- waiting for lunch time-or 4 PM and they have no concern at all over this major DTA violation-

why should they- a transfer to the BVA ,without significant challenge, gets the claim and the veteran out of their hair for years-

Josephine- maybe this will turn your claim around in a positive way!

"I told Pearl that I wanted it in writing what information, private medical records and what ever that they had from the BVA typed up and sent to me from 1965 to date."

Yeah- GREAT Idea-

I want to see that so called 646 my vet org said they prepared too-

Many things happened to my AO claim in Jan 2006. It went to two authorizors and a VSM for 3 signatures-800 vet reps told me that claim (AO Death)was resolved. One was surprised I did not get a decision in Feb.The CUE claims were in process.

Then in July they tell me it was transferred to the BVA and my vet rep POA claims the 646 was prepared the day before it was transferred-

Yeah right- they had 6 months to challenge the denial and the DTA VCAA error and the claim sits there for 6 months after the three signatures?

800# people told me many times in Feb that this claim was decided in January and it takes 6 months to find out they did not address any of my evidence??????

I have gotten a BS response on my 646 from my vet reps-

I guess I will have to write to the B VA for a hard copy of it-

I want to see it.

You mentioned Pearl at the Management Center- she is supporting the fact that you are right- good for you Veteran-there ARE people at VA who know what is what.

I used to call Sec. Jesse Brown and anyone I could to get the VA to read my evidence in the 1990s.

A claimant often has to use email, snail mail, letters, and phone calls- relentlessly in order to get VA to do their job.

They might also have to engage in parallel warfare with their vet rep orgs too-to get them off their ass-

If that is what it takes to get a proper award-(granted by virtue of the VA's own regs-and ostensibly supported your POA's own mission statement)-for vets disabled by their service-then we have to do it.

Good for you Josephine!

Berta,

I can't thank everyone enough for getting me on the straight and narrow path. I would like to end this long drawn out battle.

The Management Center has told me that my file was due to go back to the two psychiatrist the first of September for them to reconcile their differences.

I told Pearl, if I did not get this in writing, I would be sending them all of the medical records from 1965 to date and she told me that they already had duplicates in my file. I really don't care, for I have never succeeded in getting anyone to tell me what they had, so I have been loading them down.

My first Representative did nothing for my claim, and is now retired. I do have a nice guy in West Virginia working with me.

It is difficult being a Code 6, for very few can open the claim, and then being transferred after the first decision from their psychologist to another state.

I doubt that my retired representative filed out any papers in my behalf, as when he received it, he was ready for heart surgery. It does seem that my new younger representative is doing all that he can for me.

Thanks again so much!!

Josephine

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  • HadIt.com Elder

You can request a copy of the Statement of the Case which should be in your file. You can also call and ask where your file is at 800 827 1000. Veterans are often mislead when they think there file is physically at the the BVA when it is actually waiting until asked for.

If the file is at your VARO it is not hard to make an appointment and check your C File. Every Vet who has a claim should do that in my opinion.

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  • HadIt.com Elder
You can request a copy of the Statement of the Case which should be in your file. You can also call and ask where your file is at 800 827 1000. Veterans are often mislead when they think there file is physically at the the BVA when it is actually waiting until asked for.

If the file is at your VARO it is not hard to make an appointment and check your C File. Every Vet who has a claim should do that in my opinion.

Pete53.

Thanks, but my file is at The Management Center. My file left the Regional Office in December for the BVA and went from the BVA in April to the Management Center.

Berta alerted me to the fact that I had not received the VCAA Notice from The Management Center.

I want them to put in writing what they have from the BVA to support my claim. My Representative in West Virginia contacted them as well as myself and they said that it was being typed up. I live in the state of Virginia and have not been able to keep in contact with the Huntington Regional Office as the toll free number rings through to the Roanoke, Va. Office and My niece is a supervisor of the DRO'S is why I am a code 6 in West Virginia.

Thanks again for taking the time to post information for me, for it is always welcome.

Josephine

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