VA Undeliverable mail policy 1982

[willj57]

Im looking for the VA policy on undeliverable mail that was in effect back in 1982. More accurately, policy on essential mail. Also on how to locate veteran if where abouts is deemed unknown  due to returned mail.

 

[Berta]

I suggest you do a hadit search for 'undeliverable mail.'  And/or a search for SgtBnSoldier- who won a CUE but there is a lot here on how he overcame a mail problem, first, then won the CUE.

Also M21-1MR has recently been posted here- it takes time to go through this manual but the is definitely VA procedure on undeliverable mail and M21-1MR usually cites dates their policies are relevant to.

Of course a copy of your C file might reveal a lot- I suggest you get a copy of it.

C files can reveal surprises.

Personal example- a critical Peer Review was done a few months after I had sent in a SF95 form ,with evidence, charging VA with the wrongful death of my husband. The reviewer ,a VA cardiologist,faxed the report to the Regional Counsel who called me up to begin settlement negotiations.

The Cardio review confirmed my lay medical opinion, based on the evidence of record.( and after my intense study of cardiology,etc)

Long story- the Doctor, the Regional Counsel and the Faxed report all suddenly 'disappered'.

VA (to include VA Office of Medical-Legal ) told me when I asked for a copy of the report that it had "never existed". I had to move my FTCA issue to OGC in DC and start from day one without that favorable report.

Thats OK they settled based on all of my evidence.Nine years later I re- opened my  DIC claim for direct SC death ( was getting 1151 DIC still being withheld from the FTCA settlement erroneously.) I had ordered a copy of my C file at that point.

The new Regional counsel found the clear and unmistakable DIC  error and ordered them to pay me, and when my C file arrived, I also found the Peer Report that had  never" existed ,per VA, at the very bottom of the C file stack.

Will VA lie to us? Sure they will.

I used that report to succeed on my AO IHD claim for a proper rating.

That is one reason why it is so important to get copies of our C files.

 

 

 

[Berta]

If you google undeliverable mail M21-1MR, there will be many references to how the VA handles this.

If they give any citation , that can determine if this was the same procedure in 1982.

[willj57]

Thank you Berta,

  I have a feeling that other than adding tech updates such as email, fax, etc, the policy in effect now is similar. But who knows what changes may have occurred since 1982. I filed my original claim in 82, it was open for less than 60 days.  I was hospitalized that San Antonio VA. Filed my claim.  While in the hospital it was deemed better for my treatment to move back to my original home of record.

  Prior to discharge I contacted the VA rep @ the hospital at informed VA of my address change.  Got back to Michigan and within the first week had made contact with VA and VA treatment.  Back then you would have to wait on hold for hours and hope some one would pick up the phone. Then pray that they would assist you (really assist you!!) not just give you the run around.

  Back in Texas, the RO in Houston sent out letters to my "old" address. RO did this twice within a two week time frame. With in the next two weeks the RO and VA would close my claim. Here's where it gets fun. On the exact same day that the claim was closed the VA conducted a "master audit" of my file and low and behold my correct address is right there.

  Mean while in Michigan, I'm still in contact with the VA by both mail and telephone when I can. Every time I ask anyone they would all say the same thing "it takes time". So I waited and waited, all they while my condition got worse and I drifted away from the VA out of frustration.  So long story short version, not going into all the current frustration the VA cause. I got back with the VA in 2012.

  Filed a claim on my own with out a rep.  I explained that I had filed in 1982 and never heard any thing about the case. Originally, they denied this claim. I got the help from an America Legion rep and appealed to the BVA.  At the hearing is when I learned the facts of what had happened to the original claim.

   BVA  in 2016, determined that the veteran’s condition was indeed service connected. Dysthymic disorder was present during the relevant appeals period and incurred during active military service.

   In SOC August 2016, BVA without deciding that any error was committed with respect to duty to notify or duty to assist, that such an error was harmless and did not need further action. The rep filed a NOD after trying to get the matter corrected by phone.  For time sake I will refrain from going into that night mare.  They lost it!, then the DRO forgot to send it out, TWICE.  It to an under secretary to get it to me. The NOD was denied. VA claims it was my fault by not providing a change of address.

   In speaking with the under secretary she explained that all I now needed to do was to have my doctor agree that the condition that I was awarded on is the same as it on the original claim.  Then send it back to the DRO for reconsideration.  Explained it to my rep and we are now back in line at the BVA.

   So along with falsely abandoning my claim I can show that they didn't even follow the mail management policy.

   Again Thanks.

 

[broncovet]

It sounds like you have been awarded benefits (for the condition you applied for 1982).  If you have recently received this decision, by all means appeal the effective date, arguing that is the date you first applied.  

If its been more than a year since your decision awarding benefits, then you have a couple options:

1.  Try to find out if you sent any "new and material evidence" under 38 cfr 3.156.  If so, that also may entitle you to an earlier effective date. 

2.  A cue is possible, or likely here.  38 cfr 3.103 guarantees you a decision.  So that renders this claim still pending.  

3.  It might be worth your while to consult an attorney here, the retro potential back to 1982 is, well, massive.  I dont know the percentage, but a retro check of a half million is not impossible.  

[Berta]

Can you give us the Docket # and Citation # for the BVA decision?

BVA decisions are public but no names etc are public.

I agree with Broncovet that there might be a  CUE basis here, or 38 CFR 3.103 basis----I need to look up that regulation.....

By the way the 800# is not much different than in those days- that is why we call the 800-827-1000 "Peggy":

 

 

 

 

Edited April 19, 2018 by Berta

[broncovet]

I recall reading a decision where a Vet was awarded retro pay because he did not receive his notice of his rights of appeal.  This may be critical in your case.  

A claim is not final until one year after you received notice of your appeal rights to a decision.  This will explain the regulations about that:

http://www.purpleheart.org/ServiceProgram/Training2011/W-2 Common VA Effective Date ErrorsL.pdf

Read, especially number (3) in the above, but I recommend reading it all and see if any of that applies to you.  

I think what you are getting at is you are going for an earlier effective date for benefits, back to 1982.  While this is possible, I beleive this wont happen without a lawyer.  You see, GS9's at vA dont have the authority to cut Vets 500,000 dollar retro checks.  Even 25,000 often requires at least two signatures.  The guy that awards you benefits back to 1982 is probably going to be at least a BVA judge, or more likely, a CAVC judge.  

Remember, the link above is written by NVLSP, who writes the Veterans Benefit Manual, the book where even lawyers and judges turn to to read and apply case law.  It wasnt written by someone who says "I think....".   No, the NVLSP researches Veterans law, then writes statements consistent with current Veterans case law, citing precedential cases for their "opinion".  

 

Edited April 19, 2018 by broncovet