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Effective Date Or Is Claim Lost


halos2
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Question

Veteran filed claim 4-5 years ago for 100% IU...fought over claim for these years...used VSO VFW...finally awarded 100% but used effective date of last exam for evaluation...Vet put in another NOD and waited, sent a letter to respond within 60 days with Form 9...never received a Form 9 and in the past his VSO filed the form for him(has emails of past stating so) so vet faxed his notation of Re: Claim Appeal. Yes, I am appealing the latest claim decision 3-November 2014...

.also including his filing for EED of ED prior to March 6, 2013; Last 2 C&P Exams validate my worsening condition plus 2 months treatment program in house/hospital March/April 2011; Also termination from Employment denied...; SSDI February 17, 2010 case that has been continued; VA exam March 22, 2010 not used for 2nd PTSD claim also from 07/05/2011....they seemed to have not responded to all of these either...Date 01/02/2015 of faxed

Date to be turned in was 01/03/2015...Now VSO secretary called vet and said fax too late all claims done/finished! No recourse. According to page 4 on Form 9 info #5.What if I need more time to complete this form and file it, or write your VA office explaining why you need more time...You must file before the time for filing runs out...VA will use postmark date to decide whether you filed the form, or the request for more time to file it , on time. Does the fax count because it was a day before the time period ended? He was not aware his VFW VSO retires prior to this date he retired. HE ALWAYS FILED EVERYTHING AS HIS PRIOR EMAIL STATED HE WAS THE VET'S POA.

Does the VARO use a dated faxed paper as well as a post office dated item? The secretary was very abrupt very abrupt! Vet suffers from PTSD amongst other diagnoses too. Is or are his claims dead now as she said or does vet have a prayer due to fax? BTW vet also has notice from VSO VFW from the past stating he walked down the hall 3 times to hand deliver NOD to DRO , so to get to the VA offices one has to walk past the hallway where the VFW offices are at this Regional Office too. Sorry for so much info written here but I wanted all to see the particular's occurring with this claim and deadline. Thank you for anyone that may be able to assist now that the head VFW retired after working there since 1976...plus he wrote he worked there 10-12 hours a day for 6 to 7 days a week too.

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  • HadIt.com Elder

The fax date does count. He should have a dated fax confirmation report, that the fax went thru. Also, any phone conversations don't count because "if it can't be read, it wasn't said." All correspondence should always be written and either date stamped received, by the VA or sent certified, return receipt requested. When send faxes be sure to keep the fax confirmation report, that the fax prints out, that the fax was received.

Also, never trust any VSO, to do anything, for you!!! jmo

pr

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Agreed!!!!!!!

"Re: Claim Appeal. Yes, I am appealing the latest claim decision 3-November 2014..."

heck he has until Nov 2015 to appeal ....or am I reading this wrong?????

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  • HadIt.com Elder

Berta - I think the 1/3/2015 deadline was for the form 9. The actual deadline was 01/02/2015, according to my calculations, because it's 60 days not two(2) months. And actually, they allow a day or two for mail delivery, so the date would probably be 01/04/2015. He should be okay. jmo

pr

Edited by Philip Rogers
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OH !

Thanks!

Many years ago I posted a link here because a TDIU vet had sued his vet rep who had caused him to lose a proper EED on the TDIU.

The vet thought the vet rep had filed the 21-8940 only to find out he never did and the VA gave the vet the EED back to the form the vet had to file.

The vet recovered the difference via the lawsuit.

There are both great vet reps and lousy ones.

But the best rep any of us will ever have is who we see in our bathroom mirror every morning.

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  • HadIt.com Elder

OH !

Thanks!

Many years ago I posted a link here because a TDIU vet had sued his vet rep who had caused him to lose a proper EED on the TDIU.

The vet thought the vet rep had filed the 21-8940 only to find out he never did and the VA gave the vet the EED back to the form the vet had to file.

The vet recovered the difference via the lawsuit.

There are both great vet reps and lousy ones.

But the best rep any of us will ever have is who we see in our bathroom mirror every morning.

I just wish mine was younger. By the time we really have all the knowledge (not just think we know it all) we're too old! ;-) Every time I look in the mirror I see this old guy that resembles my father.

pr

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Clarified VET DID NOT RECEIVE FORM 9 so did NOT send this form but stated intent to appeal this decision to which VSO said faxed request would NOT count as received in time because VA and VFW were both closed. He just wrote on a piece of paper this information for his intent! ...Re: Claim Appeal Yes I am appealing this latest claim decision 3-November 2014...I am filing for a an EED prior to March 6,2013 Next sentence was My last 2 C&P exams validate my worsening condition, plus my inpatient 2 month treatment program March-Aril 2011.. Also my termination from employment, denial of unemployment, having worked over 45 years and awardance of SSDI. SSOC February 17, 2010 continues also. VA PTSD exam report March 22, 2010 appealed and second claim on this also appealed 07-05-2011. accordingly with VSO secretary she said "Sent(faxed) too late cause we were closed so he looses all appeals because we didn't receive it on time!" She says they were not there to receive fax so VA Claim CLOSED! Yes vet has copy of information faxed were through with date, time, etc!

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