Missing Documents from VHA

[SgtStelmo]

One aspect of what you say really concerns me.  You correctly mention that the Evidence Intake Center is run by a third party.  I have mixed feelings on this.  First, does anyone know anything about this company?   A year ago or so I looked them up and found countless complaints against them, although none of those complaints concerned Veterans nor the VA.  

Do you want items such as your date of birth, address and social security number revealed to unknown third parties.  Will we be notified if this/these third party has a security breech?  With identity theft being what it is today, this is seemingly a slippery slope we will slide down.

Back to your post, one other comment.  It might be too late to reap some benefit provided by the VA to counter this situation.   But it is not too late to file a belated appeal.  If you provide sworn testimony that you provided the documents, copies of the documents, with articles showing what transpired, you stand a good chance at winning.  Worst case scenario is you lose, but you won't know that unless you try.

[broncovet]

Of course, the appeal period has expired.  I dont plan on suing VA "on principal" even tho they probably deserve it.  One reason:  Attorneys rarely take cases on principal, its usually about the money.  

Several years ago, I hired NVLSP to represent me PRO Bono, and I thought that would be a great time to again bring up the shredding issue.  The NVLSP wasnt on board with that.  Im not sure why.  

NVLSP representation isnt "exactly" pro bono, instead they were awarded eaja fees for a remand that resulted in almost no extra benefits to me.  While NVLSP has done much good for many Veterans, for me, their representation was less than stelllar.  

This means I would have to "cue" them.  Remember, VA is given the presumptive, while the Vet is not.  If the VA says we did not receive your documents, the judge presumes the VA is doing their job.  I beleive its called the presumption of regularity.  Now, this presumption can be rebutted, but with evidence.  I have evidence the VA shredded my evidence, what I dont have is that this shredding was "outcome determinative".  To win CUE, its not enough to demonstate the VA erred, you must prove that error was not "harmless error" but rather resulted in a reduction of benefits.  I have evidence to show VA erred, but how can I prove the documents they shredded were outcome determinative?

[vetquest]

They have you coming and going.  If the VA spent as much time trying to reasonably adjudicate cases as the spend trying to mess a veteran over there probably would not be a backlog.  Cases would be settled fairly and the BVA and COVA would be out of a job.

[Berta]

SgtStelmo said:  "The BVA judge wanted me to waive AOJ consideration of evidence but that is just not going to happen."

I only had one BVA case and was Happy to waive AOL consideration ofmy evidence. They ( my VARO) already had it all but refused to read it. Unlike some RO employees, the BVA can read.Since they BVA is made up of many attorneys, evidence is what an attorney lives for.

But  we can never forget that you can send the BVA evidence up until they sign off your BVA case.And if the BVA remands, then you can provide more evuidence to the AOJ RO.

Vetquest, you are right- I think the VA thinks screw ups in their claim work are their job security.

I was surprised to see on the Accountability OAWB list how many RO employees are beginning to lose their jobs. 

But not enough in my opinion.

If any claimant has a legitimate complaint regarding how the VA is handling their claim, they can complain to the OAWB office.

https://www.va.gov/ACCOUNTABILITY/process.asp

I complained about a few different things and attached evidence to my emails to them.But I only briefly mentioned a problem I had with the director of my VARO, and I think that was done by phone, because the OAWB asked me to call them.

The rest I complained about is of a different and more important nature. It involves all vets in the VA health care system.My problem with the director is covered by a CUE I filed recently.And the evidence I sent with my CUE.

Probative evidence can always outweigh VA  incompetence.The problem with that howver, is VA is not our enemy-

Time is.