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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Navyguy2013

Should I FAX Claim data to Providence RI Regional Office?

Question

I have several NOD’s at the Providence RI RO. When I am able to contact this regional office to ask about my NOD’s, they tell me a variety of tales about my NOD’s. Sometimes they say they have all the data, then other times they say they are missing data, things like medical records, C&P exams… I have already sent in all of my claim data to the VA’s Claims intake center, I just don’t have any proof that that data has made it into my VA records. Should I also send my claim data to the Providence RI Regional Office?  

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You do have the US Mail Cert Mail-Return Receipts for all your Evidence submissions, correct?

How about providing a NOD Filing Timeline?

"Several NODs," when and what Appeal route did you choose, DRO Review, Hearing or BVA?

If you haven't already done so, you could Fax a FOIA request for your C-file. It will take anywhere up to 14 months to arrive, but the searchable CD will have all C-File "EOR" (Evidence of Record) up to your FOIA Filing Date.

Have you discussed this "EOR" concern with your VSR? My understanding is that POA-VSR's have direct computer access to your C-File. Do you have any reason to question the VA's receipt of your New & material Evidence?

Semper Fi

 

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Everything should be sent to the "Evidence Intake Center"   If you dont send it there, dont be suprised if VA does not know anything about it, 2 years down the road.  Also, the NOD needs to be on the appropriate form:  https://www.vba.va.gov/pubs/forms/VBA-21-0958-ARE.pdf

Doing it other than this, is unlikely to yield you a favorable result.  

Have the RO decision "in your hand" and make a point to "refute" their reasons and bases for denial.  Dont give your opinion, but rather cite a regulation or evidence document to support your position.  For example:

The VARO decision dated 1-14-2017 stated, "there is no evidence to support a diagnosis of PTSD".   However, Dr. P, in an exam dated 12-15-16 stated, "The Veteran suffers from PTSD".  

Did you notice that my opinion was not there..but instead I cited the medical evidence?  Tatoo this on your arm, if need be, to remember it:  

Quote

THE VA DOES NOT CARE WHAT YOUR OPINION IS.

 

Edited by broncovet

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Gastone,

I sure do have the US Mail Cert Mail-Return Receipts for all of my Evidence submissions. Sad thing is, I spoke with a local VA employee months after I got this receipt for evidence submissions, and he told me this data was not in my record. So I resubmitted. Then later on, I went to my C&P exams for these NOD’s, the nurse practitioner also told me she did not see this data in my file.

I filed a NOD via a "de novo" review by a Decision Review Officer (DRO) back in 2015. My original claims were submitted back in FEB2013.

I have submitted my FOIA request for my C-file about a year ago, so far nothing has come from this.

My VSR is the DAV. The DAV has been of NO help to me,… ever.

I am concerned about the VA’s receipt of my evidence because of what I said in the above statement, and every time I ask the VA about this data, I get different answers, they have it, they don’t have it, they have some of it, they are waiting on it…

From what I understand (And hope) my NOD’s have been assigned to a RO at the Providence RI office for rating purposes. I get cryptic answers from the Providence RI RO concerning my claim data I have submitted to the VA. They have it, they don’t have it, and they are waiting on it. I have sent my data to the VA intake center several times, and have FAXed it to them several times. Yet I still don’t know if this info has really been entered into my file. (Reasons I have already stated). This is why I am wondering if I should send this info to the VA office that is handling my NOD’s. If it disappears again I have lost nothing as I have already submitted this info to the official intake center. I don’t think sending another copy to the VA intake center will solve anything. 

What do you think?

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