Rebutting Va's "presumption Of Regularity"...

[broncovet]

In other words, "Who's is telling the truth, the VA who says they dont have the document, or the Veteran who says he mailed it in"?

The VA is given a free ride here. The courts ALWAYS favor VA...and the Veteran is assumed to be a liar. (What ever happened to the "benefit of the doubt"? 38 USC 5107)

If you are in a dispute with VA, I humbly suggest reading ASK nod's analysis of the presumption of regularity, and rebutting it.

https://asknod.wordpress.com/category/presumption-of-regularity-2/

[john999]

When I have very crucial evidence for the VA I hand deliver it and get it date stamped. I trust them not at all. I have two claims in with Fee Base right now and the claims have just disappeared. I am getting my congressman on the case. I called worthless Patient Advocate...yawn. Fee Base has disposed of claims for compensation before by throwing them in the trash and they admitted it !!!! I got paid for dental work they should have done once before and I am at it again. Due to substandard and non existent care I paid over $14,000 in dental costs. They finally Fee Based me out to a crooked dentist who did not even do the procedures they billed the VA for and VA just shrugs it off as "My bad". If you get a Fee base dentist be warned that these guys often are looking into your mouth as a cash register. This dentist I went to wanted to do five crowns including my two front teeth which are just fine.

John

[CBaker84]

Ebennies is as good as and as reliable as, well I don't even know what. Hard paper and signatures is the way to go. I have all of mine. They're not in a organized folder yet but I have them all in sequential order along with the paperwork submitted with them.

I serve the VA everything on E-benefits, and then for very important documents I follow up with a hardcopy via certified mail.

[ArNG11]

I like the convenience of the electronic options, however, there nothing like holding that royal flush of green cards when they, the VA states they didn't receive that document.

[john999]

If you don't appeal in a timely manner it is very hard to overcome the VA. No matter what reason you have the VA will just claim you had ample opportunity to appeal even if you are on your deathbed, and they send you appeal rights to Russia, or ISIL.

[ArNG11]

Yeah I get a little flustered with this myself. The VA has my address. They hold my VA home loan, my disability information is in the system, myVA docs appointments have the correct address yet, important appeal documents still wind up being sent to my old address. coinsidence. Not the hell likely. VA shannanigans.

Edited March 9, 2015 by ArNG11

[K9MAL]

I like the convenience of the electronic options, however, there nothing like holding that royal flush of green cards when they, the VA states they didn't receive that document.

If you take a screenshot of the uploaded documents isn't that just as much proof as having a card from USPS?