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/

[ArNG11]

You would think so. I am just not sure if those submission hold as much weight as the good old greens. Dates can be manipulated electronically. Can't really alter the green hard copy. I am curious if this possibility of data minupulation has shown up yet in appeals or court?

[K9MAL]

If you take a screenshot at the time you upload it you'll have proof of the dates. Here's an example.

[Berta]

"This is in court as we speak."

What court...did you file with the US CAVC?

I liked the green card "flush' statement.

I sent the H VAC copies of 53 USPS green and White tracking slips.of evidence my RO hand ignored by then for about 15 years.

(this was for Shreddergate hearing testimony)

I managed to attach them to blank papers, and copied them on it so that the VARO address and dates would show.. It looked Beautiful when I got it done and copied it all in bright colors.I took quite a few pages to do that.

I use USPS Priority and get a tracking slip and then USPS site via email notifies me step by step of the status of the mail and then the receipt of it from the VA.

[ArNG11]

I have to comment, although this site is devoted towards Veterans issues, the same good practices here regarding evidence hold true to other avenues of disability claims. Department of Labor uses the same tricks and deceptive tactics. Heck even social security. Always cover your six. Always make copies. Always sent it return receipt green card. It has saved my caboose several times now, both in VA and Workers Comp. Eventually I think most Veterans will have to deal with VA and SS at some point in there lives. Eventually I will get a good chuckle when I succeed in using their own crooked ways against them. Interagency squabbles and blunders. Gotta love it. Just makes me think all the time and energy that could be used to help claimants the way they should.

[CBaker84]

If you take a screenshot at the time you upload it you'll have proof of the dates. Here's an example.

I don't screen shot them, but I take each one of those confirmation screens print it and attach it to a paper copy of the filing that I personally keep in my VA record. That way, each document I have has a filling attached to it if I ever have any issues. I can simply look at them be like, "You received by your own system on xxxx date."