ptsd Effective Date Or Is Claim Lost

[halos2]

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.

[halos2]

I sent an email to Secretary McDonald last month and to Under Secretary Hickey VA this morning...Under Secretary Hickey responded a few times this morning...Next this afternoon another email was received from a National Veterans Service Officer which basically stated...A faxed statement in support of an appeal containing the necessary information can be accepted in lieu of a Form 9...can be accepted as your substantive appeal....YIPEE!! Appeal will be reinstated. I knew there were still some honest people who would help us all out there. Thanks to my fellows/gals hadit people and especially to Berta! Now comes more hard work but at least there is a good chance now!

[Philip Rogers]

If, on the deadline date, the VA office is closed, the deadline becomes the next day the office is open again. The deadline cannot fall on a day when the office is closed, as it is automatically extended to the next business day. Just like the IRS and April 15th, tax day. If April 15th falls on a holiday or weekend, the deadline becomes Monday or the next business day.

pr

[Berta]

"Next this afternoon another email was received from a National Veterans Service Officer which basically stated...A faxed statement in support of an appeal containing the necessary information can be accepted in lieu of a Form 9...can be accepted as your substantive appeal....YIPEE!! Appeal will be reinstated. I knew there were still some honest people who would help us all out there. Thanks to my fellows/gals hadit people and especially to Berta! Now comes more hard work but at least there is a good chance now!"

I was an "in lieu of" myself once,.. and This is Great News!!!!!!

This resulted from when I asked the VA to CUE itself within the appeal period for a bogus RO decision I had just received in 2005.

The "correspondence" BVA refers to in my case here is the CUE I faxed in to them, which
BVA says
"the claimant submitted or caused to be
created additional evidence requiring the issuance of a
supplemental statement of the case (SSOC) in December 2005;
therefore, the time for perfection of the appeal was
extended. 38 C.F.R. § 20.302(b)(2) (2008)."




"The claimant perfected her appeal with regard to service
connection for the cause of death by filing correspondence
accepted in lieu of a VA Form 9, Appeal to Board of Veterans'
Appeals, in January 2006. Although this was outside the one
year period from the February 2004 denial, and beyond the 60
day period from issuance of a statement of the case (SOC) in
September 2005, the claimant submitted or caused to be
created additional evidence requiring the issuance of a
supplemental statement of the case (SSOC) in December 2005;
therefore, the time for perfection of the appeal was
extended. 38 C.F.R. § 20.302(b)(2) (2008)."


"ORDER

Service connection for the cause of the Veteran's death is
granted.


Citation Nr: 0916095
Decision Date: 04/29/09 Archive Date: 05/07/09

DOCKET NO. 05-28 472A ) DATE"

I laugh at this these days reading it.

I should have " caused to be created" a literacy campaign at the Buffalo VARO

. The DRO even told my rep she could not read my IMO.

But she could read VA C & P exams.

This is a case whereby my vet reps (who I even had done some volunteer work for) were working against me.
I would never want to have a vet rep again.

I couldnt wait to email their lawyer that I won every claim they told me I didnt have a chance on.

The B--turds!

[halos2]

Berta, Always glad to have your responses. Thanks halos2