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Effective Date Or Is Claim Lost

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halos2

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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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"Yes vet has copy of information faxed were through with date, time, etc!"

He needs to fax that info to his RO himself and I suggest filing a IRIS inquiry as well.

And tell them he never received a formal I-9 appeal form.

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Berta, Vet is so discouraged again, he thinks he should get an attorney to follow through now...Your opinion on this? The VSO secretary said a request does not count if you don't file the Form 9. (He had help from another vet who "settled with the VA!" That vet was told "take the offer for PT 100% or if you file NOD to EED they would tie your claim up for life, and you would never get 100%) Unfortunately we all know that vet settled.. .Do you think his best bet would be to go the attorney route? What do attorneys charge? We have no clues... He will be 69 in a few months. BSV vet. Drives around 270 miles round trip 2-3 times a month for PTSD group and also different times for Psych appts too... Had cancerous lesions removed from skin R/T agent orange? They said suspicious of anyway. Too many miles on vehicles...(Tires/oil changes galore) He is getting weary...Continue to go it alone or Vet assist Attorney? He can't help it if VARO takes 3-4 or 5 years later to do another C&P where GAF 35 and yet they chose date of exam and not of claim date........to retro........(VFW VSO retired after being there since 1976. Vet has email from VSO stating he worked 10-12 hrs everyday 6-7 days a week too. He has called vet on a Sat or Sun in the past) Anyway his secretary acts a the liason now as newby VSO's there don't have a clue...) FRUSTRATED TO THE MAX! HE IS! Thank you sooo much BERTA!

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I dont know if my suggestion will help....but maybe it could....

if he is forced to re-open this same claim with New and Material evidence, and succeeds, he sure might well have a valid CUE potential on the other denied claim, if they keep saying he did not appeal in time.

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  • HadIt.com Elder

good Luck to you halos2

Edited by Buck52
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LOST...VSO VFW says fax received on 01/02/15 and no one in office till 01/01/05/15 so claim is closed. Was to be in by 01/03/15 for 60 day span...Never received Form 9 as stated on 7 pages faxed...as well as stated wanted continuance as sent info regarding decision...VSO says they were closed on 2nd Jan 2015 so not timely and now they say VARO was open on the 2nd and vet should have faxed info to them. Vet did not have fax @# to VARO and has always used VSO VFW for all claim issues. Vet has emails stating in the past VSO has filed Form 9 a few years ago, as he states he has vets POA and he does that...so why didn't he do it this time? VSO types back works 6-7 days a week and had under 2900 vets he is working with...AND??? how does that work with me now...I am sure he has had many vets all this time too,,,anyhow Ebenefits site has claim is closed. What is vet to o? Does not have VARO ST LOUIS MO number...and who does he address this to? Fire VSO who is down the hall from the VA as he stated in an old email he personally walked down the hall 3 times to hand deliver a claim to the DRO in the past for this vet. They do not want to go back to official date of claim and gave vet 70% last year plus has sc10%. They will not go back to original date of claim as VSO wrote DATE OF LAST C&P WHICH SHOWS VET IS WORSEN AND THAT IS THE DATE TO USE...date of last C&P exam REALLY...it was like over 3 years for the exam as vet complied with appeals all along. Something is not right here at all!! Why did VSO write to vet he filed Form 9 a few years ago on a claim and yet did not do so this time? Vet used a lawyer on his SSDI claim and won and got retro and they used VA FILE info and exams for basis yet here we go VA and VSO are screwing this vet...Lawyer wants to check over info and help him on this claim too...So what should he do? Fire VSO and go with lawyer as he is fed up with VSO or what? He is almost 68 and has severe PTSD and am not sure he could proceed being civil...No reply's for Bob McDonald either sent over a month ago. Tick tock tick tock....

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