How to determine the status of my claim

[namvet66]

My name is Gregory John Kleven (Not Jr. as on my VA medical ID) and I am a veteran currently rated at 90 disabled. In August of 2016 I asked VVA vet case worker to help me file a claim for 100% disability. He recommended that I file a claim asking for 100% disability based on "100% unemployable". So that is what we did. It's now been almost two years and I have no idea as to the status of my claim. I did all the required medical tests that the VA wanted yet they say I didn't cooperate with their medical investigation. I live in Viet Nam so I know it's hard for the VA to communicate overseas but they are also supposed to notify my vet rep in writing of any changes in my case. So even if I am out of the country my rep should have known. He tells me he doesn't know the status of my claim as he has heard nothing from the VA. My last contact with the VA was a document from them sent in September 2017. It was exactly the same as a document they had sent to me in June of 2017. They just changed some dates on it. The US Consulate here in Ho Chi Minh City have all the documents related to my medicals tests done here and the documents showing that they were sent and received by the VA. I would appreciate any help that you could provide and I can provide you with more information to prove to you who I am. If my case has been denied then I want to file a new claim.

[broncovet]

Well, this is a problem, and part of this you can fix, but you may not be willing to do this:

Try these things in this order:

1.  Send an IRIS email, and ask the status of your claim.  

2.  Resubmit the claim on ebenefits.  If you dont have an ebenefits account, get one.  This, too, may be difficult, as my ebenefits account required "in person" authentication.  That is, I went to a person at my VAMC who was in charge of ebenefits authentication, showed her my id, and it was done.  

3.  Resubmit via snail mail, if the above is not an option.  Make note on the 21 526 form, "This is a resubmission of an unadjuticated claim from (date).  

4.  Call the white house hotline.  

5.  Consider a writ of mandamus.  

      If you find out there has been a decision, then immediately file an appeal.  In fact, try filing an appeal anyway..that may ruffle some feathers, but yours is a rather desperate situation.  

      You are going to need to realize that there are things you are giving up by not living in the US of A.  And, you may need to make choices if giving up those things are worth it.    You have apparently made a committment to move to vietnam, and Im sure there are things which you like there better than here.  But there are also things here which are better than vietnam, and one of those would be access to US VAMC's, us VSO's. and US VARO's.  

      The VA does not prohibit you from getting benefits in a foreign country, but they dont make it that easy, either.  

      Hiring a lawyer may help.  But they  may not want to represent you, and they may not be able licensed to represent you in a foreign country, you would have to ask them.

Nova lawyers:

https://www.vetadvocates.org/directory/widget_search?current_page=1&sort_type=featured&filter={"additional_info.show-profile-on-sustaining-membership-directory"%3A+"yes"}&asset_type=company_user&display_type=default

    You may have to request help from more than one, as not all would be willing or interested.  

NOTE:  If your attorney or representative has jumped through the hoops, he should be able to determine your status online, that is, have you been denied and sent a letter yet.  

[Buck52]

Sounds like your claim is lost or just setting in the bottom stack of some raters desk.

if they are not a status on your claim just yet? 

Do you know they have in fact recieved your claim? request for IU?

Was the last C&P Exam for this increase filing for the IU and did your rep submit the correct IU Claim Form?

To request IU you need to use the IU Claim form and attach a letter from your Dr render you unemployable and that you can't work or sit more than an hour at a time  to do sedimentary  work due to your S.C. Disability.

Anytime a Veteran request IU  its actually an increase of his over all disability.

If something was changed in your medical records  especially the dates...I hope you had the original record/document?

Always get copys of everything your rep sends the VA before he she sends them...this is your only way to prove your claim and keep up with what is going on.

Along with all return snail mail receipts !

 

WHY WOULD THEY SAY THIS? 

''I did all the required medical tests that the VA wanted yet they say I didn't cooperate with their medical investigation.'' 

Was this for the Filing for the IU?

Edited August 26, 2018 by Buck52

[Berta]

''I did all the required medical tests that the VA wanted yet they say I didn't cooperate with their medical investigation.'' 

Can you scan and attach here the letter that holds that statement?

Cover your C file # name, address prior to scanning it.

Broncovet beat me to the same advice as to filing an IRIS inquiry and/or calling the White House veteran's hot line-you might need to do both.

 

WH Vets Hot Line    1-855-948-2311

IRIS - go to www.va.gov- the Home page of the VA- then Click on the Contact Us button, then click on ask a question and tell them what you told us here.

Ask for an email reply , which gives you hard copy of what they say.

Can you tell me what VARO the claim was filed out? I might have some phone #s and/or email addys for them.

 

 

 

[broncovet]

If the OP finds out that his claim has been denied, yet he has not received notice (probably through a representative), I suggest you file an appeal EVEN IF its been longer than a year.  REason:  Before a claim becomes final, you have to have received NOTICE of your appeal rights.  You could argue the claim is not final as you have not received appeal rights, then argue your claim by its merits.  

[broncovet]

This isnt the first time a claim went unadjuticated..sometimes for decades...if that is what happened.  You wont be able to know this until you can view your file.  

Ask for a copy of your cfile, including recent decisions.  

[namvet66]

Thank you to all of you who responded. I appreciate the advice although some of it I don't understand. I am not at all computer literate and have a difficult time getting around in a website. I will pass on this information to my vet rep who I hope will know what to do next. Again, thanks all for your help.

Greg