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?

[Notorious Kelly]

Good job on the tracking number, WJason; this is exactly why we need those.

You mentioned Georgia Veterans Services- are they your CSO or do you have one?

[Wjason777]

Gastone,

I was first granted 10% for sleep right after I was discharge March 2011 and was denied everything else. I appealed in 06/2011. Later that year I filled for PTSD and was awarded 50% Dec2011.

I used the Ga dept of Veterans service for my appeal.

I asked for a BVA hearing at my local office.

I haven't had any type of hearing yet.

Yes, I have a ton of new evidence since when I first filed my appeal. I'm currently being seen by my primary care at the VA for back, knees, allergies and sinuses and is prescribed meds . I've had 2 surgeries at a private doctor on my jaw for TMJ and teeth grinding. I also been seen for at a private doctor for allergies and sinuses.

To answer your question about what did the GA Dept Vet service do, they was suppose to mail in my 2nd forum 9. But I dont think they did because when started freaking out and calling people once I found out that my appeal was close they couldn't find the forum 9 that sent in.( I have a copy of that also) when I filed it with them. It's very frustrating because when I call them I can't get ahold of anyone, a when I go in everyone has attitudes and don't have a clue of what's going on.

My E benefits site doesn't list anything for documents received.

Hope this all makes since!

[john999]

Either hand carry your appeal evidence to the VARO or mail it Certified Mail/Return Receipt. If you are wanting to save money send it "Proof of Mailing". If I was very serious and money was on the line I would hand carry the evidence or Form 9 to the local VARO if it is a reasonable distance. If you can prove they got your appeal on time you should be able to proceed with your appeal and your claim should not have been closed. It seems to me that would be an Error of the clear cut kind.

John

[Berta]

"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. "

Have you actually used the USPS tracking site on line?

I use that every time I send something USPS Priority to the VA.

I copy and save the data from the tracking site and then I have documented proof that VA got it.It says right on the site when and where they delivered the stuff to VA.

I lost a copy of something...from the USPS site and went back sometime after mailing it to VA and the data was still there and they got it.

"To answer your question about what did the GA Dept Vet service do, they was suppose to mail in my 2nd forum 9. But I dont think they did because when started freaking out and calling people once I found out that my appeal was close they couldn't find the forum 9 that sent in.( I have a copy of that also) when I filed it with them. It's very frustrating because when I call them I can't get ahold of anyone, a when I go in everyone has attitudes and don't have a clue of what's going on. "

I had similar problems with a state Div of Vets Affairs many years ago.

The same time they were messing up my claim,(unknow to me at that time) they asked me to do some volunteer work for them.

I almost fainted when the boss handed me the first claim he needed help with, telling me ....

he had failed to file the veteran's I-9 in time.

All I could suggest was the have the veteran re-open the claim with new and material evidence..

Then I looked over the claim.... he was trying to get a personality disorder service connected (the vet rep boss) .duh...or hoped since I worked at a vet center years ago, if I could somehow change the diagnosis to PTSD. double duh....

I interviewed the vet for 2 hours, went over his SMRS, and SRB (201 file) and saw no evidence at all to support a PTSD claim.

I DID see something to definitely support a heart disease claim.The vet rep didnt get that point at all and probably never pursued that claim with the veteran..

WE are the best vet reps we will ever have, because WE are the only ones who really care about our claims.

If you succeed in the appealed claim eventually, and yet the EED is not what you can prove it should be (meaning you could prove the vet rep messed up) then you can sue the rep for the retro amount their error cost you.

All state vet departments have an attorney ...I suggest you contact their attorney...and suggest strongly that since you depended on the vet rep to send in the appeal, maybe he/she (their lawyer) should pressure the VA to find it, since they seem to indicate they never got it at all and that would have a fully negative impact on the proper EED , not to mention a negative impact on the Georgia State Dept of Veterans Affairs.

Dont forget these state vet reps have a main boss too..it is the Governor of the State..

Edited December 1, 2014 by Berta

[Wjason777]

Should I get in contact with this Bob guy I keep reading about?

[Berta]

Sorry I thought they were a 'division' but they are a Commission:

No lawyer isted on the site

Central Office

Floyd Veterans Memorial Building

Suite E-970

Atlanta, Georgia 30334-4800

gavetsvc@vs.state.ga.us

Commissioner

Pete Wheeler

Phone: 404-656-2300

Fax: 404-657-9738

Assistant Commissioner - Administration, Health & Memorials

Dan Holtz

Phone: 404-656-2307

Fax: 404-656-7006

dholtz@vs.state.ga.us

Assistant Commissioner - Field Operations & Claims

Mike Roby

Phone: 404-656-2305

Fax: 404-656-7006

mroby@vs.state.ga.us

http://veterans.georgia.gov/central-office

I personally I would be emailing and calling them all)

What did you mean about filing 2 I=9s?????