Va Always Claims They Dont Receive The Evidence!

[Navy04]

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.

[Prospector]

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.

[Navy04]

Thanks for the support bud.

[broncovet]

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".

[Pete53]

The VA has never been held accountable.

[GatorNavy]

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.

[Philip Rogers]

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

[63SIERRA]

I got a call from waco and they were asking if I had sent in evidence for a particular claim, I told them yes, I had sent it in. Well the lady on the phone said .. " well you never sent it cause we dont have it sir"

Then I told her I had a confirmation printout showing the time and date it was filed on Ebentefits.

LOW AND BEHOLD, EVERYTHING CHANGED THEN.

OK SIR, NOW I SEE IT. looks like someone filed it in the wrong place..

BULL SHIT.. they had it the whole time and just wanted to see if I had proof that I sent it..

I say to my fellow veterans, save proof of everything you send to the VA because not only will the VA not do thier jobs and attempt to assist veterans anymore. they make it your burden to prove that THEY are in possession of the evidence you sent them.

[Philip Rogers]

That's why we always recommend sending all evidence certified w/return receipt requested. jmo

pr

[Navy04]

Thanks guys for the support, and you are right, I should have sent it thru the Post Office as Certified, I did not think of that. I will keep u guys posted.

[Gastone]

ASSUME! Makes an Ass of U & Me. Don't know where I read that but we're all guilty of it. With the VA, assuming anything is dangerous.

I got my C-File Jan 5ish 2014 after waiting on the FOIA claim for approx 16 mos. I didn't prepare an evidence-document check off list to compare but it looked ok. One big problem was the inclusion of another Vet's Vocational Rehabilitation File mixed in with my Voc Rehab documents. Didn't end up affecting my 06/2014 IU award, just saying, HTF did another Vet's records get mixed in with mine?? Last names, SS# and VA Claim #'s not even close. I "assume" (2) pages out of like 10 inches of paper isn't too big a deal, WRONG.

Merry Christmas and May You All be Awarded IU!

Semper Fi

Gastone

[Buck52]

I wonder if we could cue the VA for mixing up our records? eh! I'm getting afraid to go see my c-file no telling what they have in it.....I seen it once back when I was doing my claim at my RO and they looked like I came to rob them or something...

[john999]

I have put evidence right in the VA's hands and they have lost it. This usually means another appeal if they decide without considering evidence. They get away with murder and I do mean "murder". Even on Christmas I hate their guts for the pain they cause us. I can think of a good present for them at my VARO. The VA is a three ring circus with no ring master. I get a check from them and I still hate them. I don't feel that way about my civil service pension or SSA/Medicare.

John

[Philip Rogers]

One thing to remember is to do everything in writing. "If it can't be read, it wasn't said!" We are all guilty of this, cuz it's easier to "call" than to take the time to write and send whatever our correspondence is. If you do call, always send a follow-up letter(and email) stating what was said and how you interpreted/understood what was stated. It's an added layer of protection! jmo

pr

[Gastone]

Navy04: I really think most at the VA are trying to do their job to the best of their ability Our problem is, we don't really know if the VA employee handling our C-File or Case in general is a Victim of the "Peter Principle," meaning they've reached their level of incompetence. I think most of the "Old Dog" Vets heard something about the 10% rule regarding everything from civilian to military personnel, that's everybody, Right. 10% of all VA employees gets to a scary number.

With all that said, I think it comes down to the Vet doing his due diligence when it comes to submitting any and all Evidence or any other Document to the VA. US Mail Cert RTN Recp has always been the preferred and recommended method of delivery, right. How do you or anyone else know exactly what was in the envelope?

Paper Trail, Paper Trail! Think about recent IRS Scandal, deleted emails are a NO NO, big time. Most Private Copanies and all State and Federal Agencies are prohibited by Federal And State Regulations regarding Emails and any other electronic communication. Before I started Scanning to PDF and attaching documents to my VA claims, I would do the US Mail thing and also "HAND Deliver" to my VARO. Get the original date stamped by the Receiving Staff and a copy of the doc with the VA Stamp on it. "Over Kill" some would say. My claim, my money and definitely my decision. I think more is better than less, right. CMA-CMA-CMA! A little extra time and money is worth the peace of mind, they got it and can't say they didn't.

Semper Fi

gastone

[Fat]

I agree with all.

Very frustrating with information not getting in the correct hands and especially to decision makers whom make the ultimate call on claims.

I don't know how the system can be rectified except by creating more man power and more information centers to ensure information is uploaded.

This a frustrating part of the process and probably attributes to at least 55% of the dysfunction in the claims process.

[Navy04]

Thanks again for the support guys. Just don't know how much more we can do to make the VAs job easier. We do all the hard work, and research, yet in the end it is up to a majority of Idiots to decide our Outcome!!!

[rootbeer22]

Folks:

It's interesting because I filed a FDC with "all" evidence and it was turned into the Regional Office. But, now , I'm not so sure that all of the the evidence that I turned in is still there? The reason I say that is that I filed a FOIA and when I went to find out whay it's taking so long the Privacy Officer held up what was supposed to be my C-File and the package was way too small? I turned in about 1200-1500 documents and the package represented about 300 pages? Supposedly, when I turned in my package, the VBA was supposed to be digitising those files? Also, recently, they have doubled the completion time estimates? So, my confidence is at a very low level at this point that all of the evidence is there?

[john999]

I want to go look at my File when it seems things are dragging. I have done this more than once and found major problems. Back in 2002 I had asked for a DRO Hearing on advice from some here at Hadit. I went to the VARO to look at my file and found out the VA was waiting around to send my claim to the BVA. I nixed that fast because I did not want a three year wait when I had all the evidence I needed to win at the VARO. If it seems something is wrong with the way your claim is going then there probably is something wrong. I would rather keep my claim local where I can check in person to see what evidence they have rather than FDC where I can't see what is going on at all. I used the FDC system once. It took just as long due to VA screw up. They had all the evidence they needed but delayed my claim saying they were waiting for 5103 waiver request. I made sworn statements that my claim was ready to rate and I had no more evidence. Finally, after trips to congressmen and senators the VA got off their asses and sent me for C&P which just confirmed my evidence and I was awarded an increase in a month. This took about 14 months to do the simplest claim imaginable.

John

[Navy04]

Just at the point where I don't know what we can do anymore to make it any easier for the VA, or move our claims any faster. I personally believe that claims should not take more than 3 months, and if the claim is more complicated, then create a special panel to only handle those matters. Why is everything in this world an Assembly Line except when it comes to the Govt. The ultimate answer is that the Govt wants good Folks to give up, and not dip into the pot, just allow it to overflow, in the Govts Favor!!!