My Appeal Canceled After 9 Months

[j92mike]

So on Friday I checked ebenefits and was showing no Appeal status and nothing under Historical Appeals

After 40 minutes of waiting to speak to someone the Rep I spoke to right off the bat said there was something really wrong, she had me wait while she looked and came back and said the appeal had been canceled. And was showing no record or anything for it. I asked her even if it was canceled shouldn't there be some documentation of it and she said yes. When I asked her if it showed who canceled the appeal she said Nope. I had put in an inquiry last wk about my appeal trying to find out when I would get my SOC she said she saw that in there, she asked me if ebenefits ever showed my appeal I said yes just last week. She put in another inquiry. I am in total shock and complete disbelief.

The ATL RO has had some problems recently but seriously I hope this has been some big mistake. Its too late to call lawyer and his office is going to be the first I call.

Youre given a year to appeal my year would be up in three wks if I had to start from scratch. And guess how long I was told it might be before Id hear something back.

Sorry for the rant. Id rather be slapped in the face it would hurt less.

Natalie

[Chuck75]

Atlanta seems to have problems with getting E-benefits right, as usual!

Actually, I noticed that information for several appeals (They had sat at Atlanta for several years)

just went away with no notice, etc. Notified the lawyer.

[Notorious Kelly]

So sorry, Natalie - that sux.

Don't let em deflate your balloon; instead have renewed fight and maybe contact congresspeople etc asking why this type of incompetence and insensitivity continues to harm our valuable vets.

Chin up and keep us posted!

[john999]

Even the VA can't simply cancell an appeal. They can screw it up, deny it and delay it, but they cannot cancell it. If you have proof you filed your appeal I would go to the VARO and ask them about it.

[j92mike]

I never got an SOC which is what Im supposed to get if they dont agree with the NOD. I was actually hoping as this all unfolded that maybe they were going to send me for more exams but there should still be some type of record there in their system right?

My lawyer filed the NOD I got a letter saying they received my request for an appeal something like that I cant remember off the top of my head. My lawyer is out of the office this wk. I have no way to get to the ATL RO at this time to try to handle this on my own.

Im going to be researching closed claims and writing up a new NOD I received my claim decision July 11 2012 for claim filed June 2010 and the one year mark is just around the corner if they really did screw this up I want to make sure I dont want to lose a chance at my appeal. Its shady business and I dont understand how something like this happens.

[john999]

You have a lawyer so wait for him to act on your behalf.

[j92mike]

Checked my mail got a letter from the VA that says

We have not accepted your statement as valid Notice of Disagreement to initiate an appeal because you did not specifically identify the issues of the decision with which you disagree. The prior Rating Determination incorporated several determinations on multiple issues.

It then says I have 30 days from the date of the letter June 21st to send in my NOD or the decision is final.