Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Va Always Claims They Dont Receive The Evidence!


Navy04
This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

spacer.png

Question

I filed my Current FDC claim in Oct 14 and it just went to Prep for Decision on 12/22. At the bottom of the claims status page it states" Below is new and material evidence that we did not receive from you for previously denied lower back pain", WTH!! I uploaded the evidence a month ago via Ebenefits, have the print out for it, and mailed the evidence at the same time to the VA Evidence Intake Center. What irritates the Hell out of me is that I had this issue with my last claim, where the VA stated they did not receive evidence for this same issue, yet again I had the print outs from the site with date and time that evidence was uploaded. I am so tired of this Bull Crap where as Veterans we go above and beyond to go thru the 3 Ring Circus called the VA and Comp Exams with Looney Disgruntled Docs, then we have to chase the VA to give them our Evidence that they should have already, then the VA gives us the Damn runaround thru the whole process, even if the claim is granted in the end. I am sorry that I ranted on folks. God Bless and I hope all you Vets and Supporters have a great Christmas. I will keep you guys posted.

  • Like 1
Link to comment
Share on other sites

Recommended Posts

  • 0

I would not be overly concerned with them showing solicited evidence never received from you. They seem to do this to everyone. If you look in the "unsolicited items" you usually see all of your items you submitted and the date they show received. Wrong? Yes! But it seems that is their standard of practice, I think just too lazy to put it in the right file. When I complained, they told me their contractors are who actually handle this. And if you are dealing with "Wacko, Waco" you never know what to expect.

Link to comment
Share on other sites

  • 0
  • Moderator

Back in October, 2008 (What VA calls the "October incident") the VAOIG found Veterans evidence in the shredder bin in at least 3 Regional Offices.

There was a big fallout on this and VA wound up with a black eye on this. One article titled it, "VA shreds Veterans trust".

Dr Peake, then VA Secretary, denounced the practice and promised "accountability for VA employees, benefit of the doubt for Veterans". We got neither.

However, the VA did "put policies in place to prevent further shredding". Did those work? Probably not. I have seen an increased incidence of one Veterans information in another Veterans file. This means instead of "shredding the evidence" they simply "hide it" in another Veterans file, and they can call that "misfiling".

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

The VA has never been held accountable.

Link to comment
Share on other sites

  • 0

I am not convinced that the evidence intake centers are anything other than circular files placed under the mail slots....Once I asked a VLJ if he saw my evidence and all I got was a Gomer Pyle look. As long as you deal with the VA you will be pissed off. it's a process.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Anytime the VA receives new or additional evidence they are supposed to decide the claim again. The claimant usually has one(1) year to submit additional evidence, however the VA often sends a letter stating that the VA needs any additional evidence within thirty(30) days and if not received within the 30 days, they will make a decision based on the evidence of record (at that time). Their letter does not change your evidence deadline.

The VA uses this to screw the claimant. This is why it is important to review the evidence used in making any decisions. We often make the assumption that because we sent something in, it is being used in making the current decision or that VAMC records have been viewed by the adjudicator. That isn't always the case. jmo

pr

  • Like 1
Link to comment
Share on other sites

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • Advertisemnt

  • question-001.jpegLooking for Answers? Here are tips for finding the answers you seek.

     

    All VA Claims questions should be posted on our forums. To post, you must register. Registration is free. You can register for a free account here.

     

    You can read the forums without registering.

     

    Tips on posting on the forums.
     

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question.
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one massive, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.

     

    Leading to:

     

    Post straightforward questions and then post background information.

     

    Examples:
     
    • A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    • I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
       
    • B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
        • I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

     

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

     

    Note:

     

    • Your first posts on the board may be delayed before they appear as they are reviewed.
    • This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines

<——>