The 800#

[JohnM]

How long should one wait after their C&P before calling the 800#

And would they tell you of your rating if you call

[Berta]

The 800# is not going to be able to tell you much at this point-

Your claim should be at a rating board soon. A rater will determine from the evidence, how to rate the claim.

I would not hesitate to call the 800# from time to time however-to see if a rater has it.

The 800# people- some are very good as to giving a vet a status but some are just awful.

I called last week and got a new employee. I asked the status of my claim on appeals.

He seemed to be having trouble finding the claim.

I said it would show on the COVERS screen where it was and the status.

Then he said 'what was the status the last time you called? do you really think that changed?'

I told him-I realised he was new but a claimant has a right to call to see if the status changed-from their last call. Well he said -no nothing has changed.

I called again yesterday- and last week the status had changed a little- whatever they sent to regional counsel came back and it was again with a rater. So at least I know where it is and it is where it should be.

Sometimes it is very difficult to get info from the 800# people.

If you are on appeals, tell them that and ask for what the COVERS screen shows as to the physical location of the claim.

I have a phone log for 800# calls- we have a template for one here at hadit.

In January I was told by a 800 person I have 'known' for years that my AO death claim had been decided and 2 authorizors and a VSM had signed off the claim. He said-It is on it's last legs and you should hear from them soon. Another 800# rep told me they do not need 3 signatures on a denial. That ( 3 signatures) is usually a good sign but still I did not hear from the VA---and then other actions occurred ( Coach,rater, VSM etc) but in July it was sent to the BVA.

I do not believe a single person even read the I-9 I had sent.(including my POA)

The VARO by letter to me in early January had said they were using a SSOC response from me as my formal appeal.They never seemed to address the SSOC response (past claims I had always got a response from my filing an SSOC response.It drew them out as to what I needed to succeed.)

I still had time left and prepared the formal I-9 and sent it to them.I didnt want them to use the SSOC response as a formal appeal.

I sent the BVA a copy of my formal appeal, when I requested the remand due to VCAA violation.

Now I am starting to think that the RO only sent them the response to the SSOC.

This claim passed through numerous stages at the VARO before it went to the BVA.Still no one addressed my IMOs or any of my medical evidence.

I had specifically stated this fact on my I-9- yet even my POA did not question this-the one who claims he checked the c file for the IMOs and had a copy of them at a DRO conference and they were discussed.

VARO documentation does not reflect that at all.

I almost feel that the MF (mysterious force) showed up again-and removed stuff from the c file-

But the only person I know who saw the IMos in the c file was my POA.

Maybe this sounds nuts to some of you but I can attest to the fact that the VA withheld evidence from my c file many times in the 1990s from the people who needed it the most-VA medical reviewers.

I still can hear the Washington med team Doctor saying to me----WHAT AUTOPSY?

She was shocked that I had sent this autopsy to the VARO many times and it was not in the med recs or the c file. It was the most important evidence I had. Upon receipt of it by fax, I succeeded in that claim.

This long post points out a reality in the adjudication of many claims.

Whereever the evidence goes I dont know, but if they never list something as evidence -something that will certainly support your claim, you have to resend it and make sure they address it.

Also make sure your POA sends them a 21-4138 in support of it.Give your POA a copy of it too.

For over 3 years my former POA never sent them a 4138.

This form from a POA shows support and highlights your evidence.

Since they never received any forms at all from my POA, this is another reason they probably did not address my IM0s.

Another reality is that the VAROs are skimming over the claims they get.

De Novo reviews are sometimes sameo sameo- against all VA regs--

The VCAA violations are extensive- read them at the BVA to see what I mean-

To send a proper VCAA notice, the claim has to be read and understood.

They aren't doing that.

What gets me is that it is error on VA's part to deny any valid claim without a proper VCAA notice, yet -this is not a CUE.

Vets who after the VCAA (2000) who got denied and never appealed might not have gotten a proper VCAA notice.

VA says this is DTA error- but not basis for a CUE-

if that legal fact ever changes----the VA would have to start reading these claims better and sending the proper notice under VCAA.

NVLSP takes letters from advocates very seriously.Maybe I should ask them how a vet can recover if they were denied at the VARO level after the VCAA and never appealed yet the RO failed to fulfill the VCAA.

The veteran-if they re-open- could succeed but might have lost much retro that only a CUE could recover but these VCAA violations are not CUEable.

Edited November 1, 2006 by Berta (see edit history)

[JohnM]

How long should one wait after their C&P before calling the 800#

And would they tell you of your rating if you call

We called the 800# this morning and talked to someone asked of the stats of his claim, He told us that a letter is going to be going out, but could not tell us what the letter was about. Is this going to be bad or good? Isn't this to soon his C&P was on Oct6, &13. Although 5 where at least likely

[Guest jstacy]

DO you have a VSO. He can tell you in advance about the letter. Also can tell you if it is a win or not. Contact him immediatly

[JohnM]

DO you have a VSO. He can tell you in advance about the letter. Also can tell you if it is a win or not. Contact him immediatly

She's on vacation until next week