Appeal Closed Due To Failure To Respond!

[Wjason777]

hello everyone. It's my first time posting so bare with me.

I filled and appeal back in June 2011. For Back, knees, allergies, sinuses, tmj, teeth grinding, hemroids. (All which I've been seen for on active duty for and is still being seen for at my primary care at the VA for.) I received a statement of case July 2013 that stated I had 60 days to respond with a VA forum 9 on what kind of appeal I wanted. I filed out the forum and sent it in via USPS with a tracking number written on top of all pages.

I also went to Ga dept. Of Veterans services and had them to respond also.

Just out of curiosity I called the VA to check the status of my appeal, a few days latter I received a letter stating that my appeal was closed due to failure to respond to the statement of case.

I have copy's of everything I sent in along with tracking numbers to prove that it was delivered on time.

What should I do now?

[Mikemmlj]

You don't happen to still have the original USPS tracking number?

[FormerMember]

Sweet. Might be time to call Bob. I sure hope you have the tracking number. If so, call the USPS@ 800-222-1811 and have them send you confirmation. You can also go online at USPS.com and type in the 20 digit tracking number and get confirmation that way. After you do so, you type up a nice letter informing VA that they should check with their tired, over- bonused employees in the mail room to confirm it's not lying in a corner. Since they probably do not have a copy or cannot find the one you sent, you pretty much hold the cards as to what was mailed. Send them a new one when they finally chieu hoi and admit they lost it. I've had this happen twice. It rolls their socks down when you look up the employees in the mail room and find the one who signed the green card for it. You then write " It appears as though Mr. Clyde Ulrich (GS-7) signed for it on July 11th, 2011. Here's the tracking number. Please research your records as the USPS swears you have it. In fact, for your convenience, here's an actual copy of the return receipt with Mr. Ulrich's signature. If you do not have it, then the Presumption of Regularity is not for application in my claim and equitable tolling is for application. A complete audit of the evidence in the c-file will then be in order also. When would be a good time for you to do that? I'm free next week-say Wednesday @ 0800?"

[Wjason777]

Yes I have the USPS tracking number. It's written on the top of every page I sent in. I have copy's of everything.

[Mikemmlj]

Well at least you can prove you responded. I don't know how much of a difference it will make, more senior members will have to respond to that.

[Wjason777]

Asknod, forgive me for asking this but I'm new here. Who is bob? Would he help with get things straightened out? Yes I'm free.

Also, I received another letter for my dependents. I originally filled to add my dependents a week after I got married April 2012. My dependency claim was pending since then. Out of frustration I filled again but this time I filled on ebenefits on 11-14-14. On 11-16-14 the va sent out a letter granting me and increase for my wife and 3 kids. I'm very grateful for finally getting them added. But what about my back pay for when I first filled back it April 2012? Am I entitled to it?

[Gastone]

Wjason: NOD's advice looks good. I'd hold off referring to the (tired over-bonused) VA Mail room employees but that's up to you.

If you could give a time-line on your claim and appeal, other Vets could learn from your experiences.. How long after your original Claim Decision did you file you 06/11 NOD? Did you use a VSO Rep? Exactly what type of Appeal path did you choose, DRO Hearing or BVA? Did you have any type of hearing or conference with the VARO rating Dept during period 06/11 to 07/13? Any New & Material Evidence submitted during this period?

You mentioned that you went to the GA Dept of Vet Services and they responded to the 07/13 Form 9. What exactly did they do. My brother in-law went to MI Dept of Vet Services and they filed all his VA Pension claims electronically. Were you using one of their reps? Some VSO Reps are a lot of help, others not so much. Did they scan your Form 9 into your File?

What does your E Ben site list as documents and evidence received and when?

Semper Fi

Gastone