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Received a 5103 notice today

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wingnut73

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I receive a 5103 notice today giving me 30 days to produce all evidence to support my claim for an increase. It says they have received NO Evidence to support my claim. This is Bull**** ! I went to my C&P in July with everything indexed and ready to submit. The C&P office copied it all and I assume it was sent to the RO. 

I really believe this is in retaliation   for me contacting my congressman and allison Hickey to get my C&P rescheduled.

I would like to slow this down to give me time to sort this out and get a lawyer.

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I agree and always send them everything via Priority Mail with a USPS tracking slip, That way I can print off the USPS delivery status,at the USPS web site, that shows they got it.

Months ago a VA rep called me and went over the evidence they had for my 2 pending claims.m I asked him to briefly describe what they had, and they did have what I had sent about 3 years ago, He said to send back the 5103 he had sent to me (which I never got) so he sent it again (saying to use it for both claims)and I listed on it every single piece of evidence they already had.

They denied right away the 1151 HBP claim and never mentioned my evidence for that. I complained  and they then awarded,about 5 weeks later.

The other claim, they still have not read my evidence for that. They called me a few weeks ago and I suggested that they read the M21-1MR citations I gave them and then ask for a General Counsel Opinion because the 1997 opinion from General Counsel still stands but I guess they don't understand it.

I feel that the BVA reads the 5103 right away as they used to read the VCAA letter, carefully, to make sure the veteran or survivor got the proper VCAA  statement.

(w3hich used to cause many remands because it w3as NOT adequate)

So that means to me that many claims might get denied for a lack of evidence, that a 5103 can show, if the evidence is listed on it -that they already have) they

were denied one of our most basic rights in 38 CFR ( 38 CFR 4.6) and the BVA might be the very first VA entity at all who actually reads it,..as happened to me in my 2003 DMII AO claim....even with a double DRO review and a vet rep who said he made sure my IMOs got into the record, during the second DRO review,..

I think he made paper airplanes with my IM0s and tossed them out the window before he even talked to the DRO.

Nevertheless the BVA took note of them as I had sent them in many times, with additional evidence they ignored, as well.

 

 

 

 

.

 

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  • HadIt.com Elder

anytime you send certified mail with return receipt, it gives you a tracking # and you can also use the  receipt its self #

look up usps on the internet and it will ask you what you want to do, track your mail or what ever

just type in your (complete tracking #  its long numbers

and it will track it all the way up to who ever signs for it, this is probably the cheapest way  cost about 549 or so

& you get a sign return receipt...keep in safe place this is your prof  

you can also just use an regular envelope long one   if you just have a few pages to mail and ask to buy a tracking number 3.00 bucks I think  then you can track it to the place you send it to but it will not give you a return receipt.

 As for as getting a certified return receipt

I am not sure how this would prove  that  they got your evidence???  it just proves that they got a package/envelope in the mail from you,  it don't say what it was ((like  your evidence)  so it may be a good Idea to put the word claims evidence on the outside of the package/envelope ,

Take a pic with your cell phone right before you mail it....I know some of you may think this is crazy  but now days we  need to do all we can to make damn sure they get our evidence .....> then its a matter or not if they read it.

 

jmo

 

................Buck

Edited by Buck52
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I would also upload it on E Benefits as well.  They made the system, you can get a validation that it was uploaded I think, and once its in, they cant hide it or lose it anymore.  Mailing it in takes 3-4 weeks to get into the system, that's just back up now.

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