Claim Closed...missed Exams, Bad Address - Appeal Or Reopen?

[DblTap1]

Claim filed SEP 2011 Claim movement started in AUG13 with receipt of exam notices. Problem is the contractor was sending to a very old address. Looked on ebennies and they too had jumped back to an old address. So I updated VA and saw results of correct address on ebenies a few days later. Also, called and left three VMs with contractor. Was still getting contractor exam notices late because still sending to bad address. Address they were using only COC had. Was never used for official gov mail.

So far I have corrected VA to current address three times this year.

25OCT was able to attend MH exam but contractor still sending to bad address. Made it with <24hr notice
28OCT received letter from VA, bad address
16NOV rec'd BBE all zeros, claim closed nonattendance of exams with notice of how to appeal through BVA. But they did hit the correct address!!

My questions are:
-Is it possible to get them to see where the problem is and simply reopen claim without having to go through the appeal process and adding more years to a two year old BDD claim? If so what would be the proper wording and form?
-How do I track down the MH exam tht was done on 25OCT to ensure VA has it?
-I think I can handle this one but... One of the injuries and relatd surgeries that they are saying is not SC its outlined in an LOD and within DD214 dates. They are accepting the lower limb injuries/surgeries but not the upper limb. Am I correct in assuming that would be a CUE and to just follow the postings here as how to point it out.

Thanks folks!

Edited November 19, 2013 by DblTap1

[DblTap1]

Thanks Asknod, Outstanding information!

Fortuitous..very Fortuitous... I hope

I went back and forth between the VA Outreach office and the county VA office trying to find a more precise answer as to how to approach a resolve to this issue. I have posted comments before regarding the knowledge or lack of with some of the VSOs.
While at one of the local offices I saw a flyer on the bulletin board about a specific organization that was going to have a mobile office in town... today! Needless to say I was off and running.

At first glance the VSO says "Yep, ya screwed up. You gotta make the appointments". I showed him the rest of my stack of papers of which he meticulusly inspected letterheads, postmarks and MY ADDRESS, then yelled over to his boss that was in the another cubicle of this RV. The boss came over (22yrs as a VSO) and said "Yep, that's a screw up by the VA".

Apparently, this is becoming common with overloaded ROs sending case loads to other ROs and claimant addresses not being updated between the two. The specific issue is that the local RO was not updating my address with the exam contractor.

Anyways, the VSO did about page and a half narrative on one form and a bullet list on another and had me sign. Asked for a contractor sent envelope and letter for C&P of which he couldnt copy but was one that I didnt mind being without the original if I never got it back. He said unfortunately it would possibly be 6-9 month before I saw movement again but its clearly on the local RO. They would submit this paperwork by hand to a VA supervisor because as simple and clear as it is it would be best to be explained also.

My memory is really crappy but the guys will send me a copy of everything submitted in a couple weeks. I will try to get it back here so others have the form numbers and verbiage to avoid appeals process if the screw up really is the VA and not the vet.

I dont want to get my hopes up but these two guys sounded like scientist rather than the typical "Well, maybe if ya were to...."

So it appears that this VSO was following the same lines of thought as Asknod provided.

[71M10]

I ran into an address problem and exams once because the address at your regional office is not necessarily the address that is used by your VAMC. In 1988 I had a C&P at Allen Park Veterans Hospital. Twenty two years later Detroit VARO sets up a C&P appointment with John Dingel VAMC(I had never been there). They tried to contact me using the address and phone from 22 years ago, because they moved the records from Allen Park when it closed. I received a letter stating they were going to call me to set up an exam and after 2-3 weeks I started calling the four VAMC's near me (all about 1.5-2 hours away). All the others tell me they have no appointments, Dingel though says possibly but I need to verify my address, I give my current address and he says sorry can't confirm. He asks, have you used another address at this hospital? I reply, I never have been to that hospital. He tells me I have (I am worried about identity theft), I then state on a longshot my old address. He confirms the appointment. The medical issue in contention is the one that pushed me over the 100% mark, I wonder why it was scheduled at a hospital I have never gone to (three closer VAMC's) using an address not used for 22 years? A suspicious person would think they didn't want me to show up??

Edited November 20, 2013 by 71M10

[FormerMember]

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