Still no decision letter.

[Andyman73]

Not sure what to say, I called the benefits counselor at my local VAMC.  I told him that I had some claims that were closed on January 23rd, according to my ebenefits account.  I said today is February 23rd, and I still haven't received a decision letter explaining why my claims were denied.

Now, I emailed Mr. McDonald on Jan 22nd with questions about 2 of the claims that were denied with out exams, even though I submitted evidence from my SMR.  Guess what, no reply from him or his office.

I sent an inquiry via IRIS regarding same and lack of decision letter.  That was on Feb 2nd.  Only response was the automated 5 business days to reply response.  I sent a complaint via IRIS on Feb. 16th in regards to no decision letter being received, tho my ebenefits account states decision letter sent. 

I explained to benefits counselor that I called Peggy several times on several different days, and could not get through each time.  I told him that I contacted the VA via the IRIS and hadn't heard anything there either.  So he looked me up and saw that a claim filed in August of 15 was closed/denied on January 23rd, 16.  I said yes, and I haven't received my decision letter.  He said he will get it out in today's mail.

Will be mentioning all this to my VA MH therapist when I see him again on the 29th of this month.

[msattler]

1 hour ago, Andyman73 said:

It's not that it didn't get sent to me, or arrive within the 30 day time limit, it's that it wasn't sent, even after one email to Sec. McDonald, and 2 IRIS complaints.  For those who may have remembered anything I posted in the past few months, these claims were filed in August.  I had 3 C&P exams, 2 on October 30th and one on November 3rd.

One exam ended up as not the claimed body part, so see your PCP for further eval.  Another-at least as likely or more than likely caused by primary SCD.  And the 3rd was the MH that the examiner totally disregarded the reason for the exam in the first place.

Then the DAV told me all were denied on November 23rd.  But my benefits counselor told me that the claims weren't even received at the VARO until December 15th!!!  Then in January, first week, RO called me at home and we spoke over 2 hours.(2hrs 7minutes).  Told me the secondary would be granted, and 2 others would be deferred, until more evidence could be generated.  And 1 would be scheduled for exam.

Then ebennies showed all denied a week later, and finally on January 23rd, showed decision letter sent out.  So if I were to go with the DAV's lies, my decision letter is 90 days past due.

And that's what I got going on now.

Andyman, Sorry to see this happening to you, I am surprised that it was denied with a "at least as likely as not" opinion I never recieved my decision letter last year from the N.O, Ro and I had to call peggy and asked to be sent a copy I did get the copy but never the orginal.

[Andyman73]

msattler,

Thanks.  I was shocked, to say the least, that the one got denied, even after the RO told me she was going to grant that one for sure.

[broncovet]

Im not joking about VA "closing" claims without a decision.  Its happened to me at least twice.  Somebody in VA just "drops" the claim and makes it look like a backlog reduction.  No decision.  Here is how mine went down:

1.  Arthritis "dropped".  This happened in 2005.  My arthritis was not THAT severe then and I was working on other stuff so I forgot about it, until I read my "Record Before Agency" last year.  The RBA shows the "rating sheets", while the Veteran normally does not get a copy of those, ever.  The rating sheet showed that my arthritis was "rated non service connected" for pension purposes.  This means my arthritis claim was denied in 2005,  without a decision, and I was never notified.  I had an in service knee fracture, and the degenerative arthritis is documented with an X ray about 10 years ago.  

2.  TDIU "dropped".  I applied for IU in 2002.  I kept thinking I would get a decision, and never did.  The VA dropped it and then restarted it in 2007, after I complained.  It was denied in 2008, remanded by the board in 2012, and then denied by the board in 2016.  "Dropping" the claim resulted in  a 14 year delay.  

[ADodge]

This is so true.  I had to request a copy of my decision letter twice after I was continually told it was sent.  I knew the claims had been denied. Well that's what I thought.  So I finally get the letter and only two of the claims are listed and denied the 3rd claim wasn't even on the decision letter.  And that was really crazy considering that was the claim I had the C&P exam for.  So I call and ask why??  Ummm Well we really don't know but it looks like you reopened the claim anyway so it really doesn't matter right!  WTF?   Ummm I think it does!!! This whole thing is making me NUTS!!! Honestly this claim is turning out to cause me way too much stress and is interfering with my chemo therapy. Because the stress is causing my IBS and colitis to flare up.  Which is then causing me unable to tolerate the Chemo.  So it is coming to the point where I am going to have to decide which is more important.  My life or this claim!!!!   This really SUCKS!!! If I didn't have this character flaw which demands equality and justice I would have never started down this road!!!    

Edited February 25, 2016 by ADodge

[TALON II FE]

Take huge portions of no accountability and a lack of integrity, mix in dishonesty, misdirection and a big pinch of corruption; bake for 30 minutes and viola! A VA layered cake! ENJOY!

 

[broncovet]

I completely "get" how it stresses you out.  Trust me in 14 years of this stuff, I got it over and over.  Berta says if you dont have PTSD before you apply at VA, you will after.  

I recommend you hire a lawyer that you are really comfortable with.  Give em every speck of information you have, then forget about it until you get the letter.