tdiu Wondering If This Has Happened To Anyone Else Lately

[Shyne-I]

Hello All,

I am wondering if anyone has received a letter from their RO lately stated that your appeal period has expired and in reality it has not??!!

Just a little background for those who don't know my struggle...

I filed an original claim for Fibromyalgia, Depression secondary to Fibromyalgia, and individual unemployability on July 11, 2012. I received my denial on April 11, 2013. I submitted new and material medical records that I was just recently able to get a hold of from the years 1997 to 2004 to show continued symptomatology to prove "continuity" for service connection. I submitted a NOD around the same time because I disagreed with the VA examiner's rationale on my C&P exam for Fibromyalgia. From there I asked for a DRO review and requested to be present for a informal hearing. Well....I was once again denied by the DRO without even having the informal hearing. I finally sought out help from the TVC because I was never able to find an AMVETS rep in my area; we filed the Form 9 on November 11,2013. Fast forward to today...I received a letter from the Waco RO stated that:

" You were previously denied service connection for fibromyalgia. You were notified of the decision on April 11, 2013. The appeal period for that decision has expired and the decision is now final. In order for us to reopen your claim, we need new and material evidence. Your claim was previously denied because the evidence does not show an event, disease, or injury in service. Therefor, the evidence you submit must be new and relate to this fact."

My appeal period shouldn't expire until April 2014!! What is going on here?? I'm at a loss, my VSO says that this has been happening a lot lately and just come in and we will submit a statement. Does anyone have a clue of what is going on?

Shyne-I

[Berta]

"my VSO says that this has been happening a lot lately and just come in and we will submit a statement. Does anyone have a clue of what is going on?"

Do you have proof of mailing your NOD to them? And the New and material evidence?

Boy this is a new one for me........maybe a new stall tactic or maybe because they cant read a calender. or their own regs.

I hope the VSO's statement is that they have made a clear and unmistakable error in stating your appellate period has expired and reference

M21=1MR Part 1,Chapter 5 Section B under a

"

a. NOD Time Limits

The table below describes the time limits for an appellant to file an NOD.

An NOD for …

Must be filed …

a contested claim, including an apportionment claim

60 days from the date the Department of Veterans Affairs (VA) mailed the notification of the decision to the unsuccessful claimant.

References: For more information on

• contested claims, see M21-1MR, Part III, Subpart vi, 6, and

• apportionment claims, see M21-1MR, Part III, Subpart v, 3.

all other claims

one year from the date VA mailed the notification of the decision to the claimant.

Source:http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CDEQFjAB&url=http%3A%2F%2Fwww.benefits.va.gov%2Fwarms%2Fdocs%2Fadmin21%2Fm21_1%2Fmr%2Fpart1%2Fch05%2Fch05_secb.doc&ei=yMTBUqyaGOSdyQHgmoDICw&usg=AFQjCNHmBnjsJS27PpcVGLz20YsO8wgZnQ&bvm=bv.58187178,d.aWc

"my VSO says that this has been happening a lot lately and just come in and we will submit a statement. Does anyone have a clue of what is going on?"

Do you have proof of mailing your NOD to them?

I hope the VSO's statement is that they have made a clear and unmistakable error in stating your appellate period has expired and reference (and enclose copy of M21-1MR, Part I, Chapter 5, Section B) and also reference and enclose copies of your N & M evidence.

But...when did this happen:

.”I was once again denied by the DRO without even having the informal hearing. “

Did they send you a SOC at that time?

Whatever you or your rep sends to them,I suggest that they send it Attention to and use the initials in the right hand side numeric and alphabetic thing by the date of the letter. Those are the initials of the clown who prepared this letter.

[Shyne-I]

Hi Berta,

I do have proof of the NOD and the New and Material Evidence that was sent in. The DRO decision was made on September 9, 2013 and I received that SOC on September 11, 2013. All of the above listed evidence was mentioned in the SOC....but the most important piece of evidence was not!!... I submitted my IMO from my Rheumatologist on August 16, 2013 and of course they overlooked that and said that it was never received!! I replied to the attention of those initials and I submitted my IMO for the 4th time!! and every piece of evidence that they did not mention in the SOC I submitted as New and Material evidence. My VSO just seems so lost and nonchalant with what is happening with my claim and appeal.

Shyne-I

[Shyne-I]

Oh Berta,

I forgot to mention that I called an found out that my Travel Board hearing has been scheduled for May 2014!! I think that they do this purposely....schedule a hearing on a date after the 1 year appeal period has expired!! What exactly is a Travel board hearing? Is this the informal hearing that I requested for my claim with a DRO or the VSCM or is this the hearing with the BVA??

Shyne-I

[Berta]

.." I submitted my IMO from my Rheumatologist on August 16, 2013 and of course they overlooked that and said that it was never received"

Any evidence you sent, that they did not list as evidence, is a violation of 38 CFR 4.6 and they should CUE themselves.

It sure angers me when they do this. I was victimized like this myself.

There is a template I put in the CUE forum as to how to get them to CUE themselves. I had a reversal in 3 weeks by doing that last year.

I dont understand the travel board hearing, unless you requested it?

It sounds to me like your claim has been snafued and fubared up the ying yangs..

The VA craps all over our DTA (Duty to Assist rights), when they deliberately ignore probative evidence.

I say 'deliberately ignore' because I dont think they are all illiterate.

You could file an IRIS complaint and tell them what you told us here....that might bring better results than any other action.

The complaint pop down is at the IRIS site.

I filed my "go cue yourself" request via IRIS on December 7th ,2011, as a complaint and then followed it up as a fax. By Christmas that year (they had ruined enough Christmases I had already) I knew the denial had been reversed and that an award letter was on it's way.

This stuff infuriates me and adds additional stress to us claimants and also has caused part of the backlog.

You are the BEST VSO you will ever have. I don't depend on vet reps or VSOs anymore.

[Shyne-I]

Berta,

The only thing about " Any evidence you sent, that they did not list as evidence, is a violation 38CFR 4.6 and they should CUE themselves", is they say they did not receive it until I resent it on September 17, 2013 and the DRO had already denied it!! The funny thing is, is that I received an email from the RO Service Center Manager asking me if I wanted to go ahead with the reconsideration or the NOD on September 6, 2013, which was a Friday. She advised that I talk to me AMVETS rep(which at that time I did not have a rep) and let them know which way I was going. The DRO made a decision that following Monday, September 9, 2013. I think they rushed the decision so that they could say that they didn't have my IMO in time to make a favorable decision!! I am so tired of THEIR FREAKING GAMES!! I have submitted an IRIS question about what the Heck is going on!!

Shyne-I

[63SIERRA]

WELCOME TO TEXAS, WACO THAT IS..

Heres my understanding of the NOD. The new form does not automatically signal an appeal. You must either write on the NOD form, or send a seperate letter in, stating that you do not agree with thier descision and are either requesting appelate review, which is a court hearing. Or REOPEN, which you must submit new and material evidence. Or DRO. If you request a reopen and they accept the material as new, your initial date is saved, and the claim is ongoing. If they refuse your evidence, it would be considered you are denied, and back to step one. If you request a DRO, and they still deny, and you dont request to get appelate review, the claim is considered closed.

this is just how I understand it, it is very confusing the way they operate.