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Va Always Claims They Dont Receive The Evidence!

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Navy04

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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.

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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.

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  • 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".

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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.

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  • 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

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