Backlog for remand processing, can I get them to use original claim date or docket date?

[ChrisHW]

Hi!  long time lurker...  past year 12 and VA still dragging their feet.

 

Does anyone know any way to get the RO to schedule me by the earlier date?  Is the BVA Judge and my attorney correct that the RO should consider docket date?

 

Original date of claim 2007, current BVA docket date 2012 (LMAO, my BVA wait was hours, was first in line).  Awarded 0% in 2017 dated back to '06 (receiving SSDI since 2007).  Anyways, remanded for same reason as 2014 remand, C&P exam (RO ignored last remand orders). C&P says unable to work due to disability.

Last I heard there is a 30 month backlog from date the RO received the remand from BVA (Jan 2019).  My VSO/Atty said that the RO is supposed to consider mine out of order due to the early docket date.  The Claims Coach said, nope, its the new date of claim assigned when we receive it from BVA.  

My interpretation is that since the BVA decides by docket date, that the remand date usually corresponds to the docket date.  In my case mine was decided out of order so the lawyer and judge said that the RO is supposed to consider the docket date while scheduling prioritization.

I can get a email to the claims coach if I can find justification for a earlier date of claim.  

Any suggestions?  Thanks!!!

[Berta]

The remanded claim had the date they will probably use as the EED.-That is,the date you filed that claim on.

Often a SSDI award, if VA knows of it , and is for the sme disability claimed, can garner one year more to the EED.

Personal example:

My husband filed in  late 1992 for a higher PTSD rating-he was 30% then.He applied for SSDI and got two separate SSDI awards, both for separate conditions.I explained that in other posts-

His SSD award for PTSD had an EED of Nov 1991.

VA awarded him posthumously for 100% P & T SC for PTSD, not back to date of his claim, late 1992, but to the SSDI award date ,Nov 1991 ,because that was the earliest effective date his entitlement arose.

And besides the SSA awarded him using only his  VA medical records.

 You said regarding something here:

"It has been alluded to that this was the revenge for filing a VaSec complaint."

I have done that myself in the past ad recently filed an OIG complaint, White House hot line complaint, and clearly spelled out my problems in letters to 2 RO directors, which I also sent to the IG.

I am sending one more to the District Counsel.

I was surprised to get, the other day, what seemed at first to be a meaningless yada yada letter from the director, but it does say what they will do, .....they are going to review my entire C file. and someone will redo an audit that is wrong. 

My RO has victimized me in a different way then the way they victimized my husband, with poor medical care.

However I fight back. That is what every VA claimant must do sometimes, to rectify anything that is wrong .

Don't forget- the regulations themselves are weapons we can use against them, the same way they use them against us.

[GeekySquid]

On 8/2/2019 at 11:52 AM, ChrisHW said:

some of the documents went missing

here is a tidbit of info for you. The VA and DOD and MIL use something called the Joint Legacy Viewer Application. It looks at EVERY SINGLE FILE STORE that is used by the Government as it relates to Vets and DOD and MIL. Only Secret and Above classified files are off limits to the general access user.

If you have a Primary Care Team at your VAMC, and that team has a Social Worker on the team, go to them. They can get access if they don't already have it. 

What ever these missing documents are, if they were sent to a VA agency or Govt Agency they were scanned into electronic format, and they do exist... the hard part is getting someone with access to look for them.

[ChrisHW]

43 minutes ago, GeekySquid said:

here is a tidbit of info for you. The VA and DOD and MIL use something called the Joint Legacy Viewer Application. It looks at EVERY SINGLE FILE STORE that is used by the Government as it relates to Vets and DOD and MIL. Only Secret and Above classified files are off limits to the general access user.

If you have a Primary Care Team at your VAMC, and that team has a Social Worker on the team, go to them. They can get access if they don't already have it. 

What ever these missing documents are, if they were sent to a VA agency or Govt Agency they were scanned into electronic format, and they do exist... the hard part is getting someone with access to look for them.

No, seriously, I received a complete copy of my c-file.  There are hundreds of pages that were not scanned in/are missing.

edit- also for instance my surgeon sent a 45 page surgery report.  including diagnosis tests, etc.  Only the first 3 pages are in my C-file.  The rest of the pages never got scanned.

 

For instance, even my intend to file and their reply is missing!  luckily I kept a copy so once I get approved I will have another 6 months of award.  

The mortgage foreclosure and hardship letters are missing.   The change of address form is missing.  Many of the medical records...  I begun sending everything by certified and that didn't work, i'd have a signature but not added.  I then started having my senator send everything.  

My BVA hearing was scheduled in a different state even after I sent in a change of address, faxed it, certified mailed it and had the senator mail it.  If it wasn't that the senator's office wrote a letter saying that they sent it i'd have been screwed.  The Va said they never got a change of address after my house was forclosed on.  The senator wrote a nice but nasty letter stating they sent it themselves three times and was never scanned.

so, don't believe for a single moment that that the VA keeps track of paperwork.  That said, everything i've sent since like 2017 (or maybe 2015) has shown up.  This problem might just be how things were before they started trying to improve part of their processes???

 

Edited August 4, 2019 by ChrisHW
clarity

[Buck52]

Its good practice to go get copies of all your medical records AS  SOON AS YOU CAN

when  a veteran has medical care from the VA or Private no matter what the care is what the surgeries are ect,,,ect,,,, keep those copies in a safe place at home   make your own file, for this reason VA has a tendency to loses medical records. 

 & Keep everything the VA sends you no matter if you think its not important  ,it more than likely is.

so if they are not there to scan  they will not end up in your C-FILE. but you will have them in your file at home.

Edited August 4, 2019 by Buck52

[broncovet]

Like yourself, the VA has lost document after document in my file.  Time after time.  

In 2008, I sent a "special handling request due to shredded evidence".  

Guess what?  That 2008 document also has gone missing.  However, in my file are references to that very document.  An employee said, "this does not appear to be a valid shred claim"....a document dated in 2009.   This employee indicated that some of my shredded evidence was "out of the 18 month window", that the VASEC, in 2008, set for "valid shred claims".  

The 18 month window is a ruse.  I have had shredded documents prior to, and after the 18 month window.  This suggests that illegal shredding was limited to that period of time (when the VA got caught by the VAOIG).   However, this has been going on for decades.  

Its harder now, for the VA to delete "scanned in evidence", but still possible.  How do you think all those multiple claims were "closed"?  (but not adjuticated).  Its easy.  The "delete" key.  NO accountability for VA.  

Again, the VA even shredded my request for special handling due to shredded evidence.  

[broncovet]

AFTER your BVA decision, (your attorney) will likely send you a DVD copy of your file.  Yes, I have several of these, as I have had several BVA decisions.  

You have done the right thing hiring an attorney.  Your attorney should be able to see your VBMS file, which is the same one the judge sees.  

A Veteran represented by a VSO often does not have online access to his VBMS file.  

(Some VSO's have access to VBMS, while others do not.  It depends on if your VSO has jumped through all VA hoops to get access).  

Your attorney can give you the best advice..better than we can give..as he has access to your file and we do not.  

Its my advice NOT to work your own claim when you have an attorney.  Yes, its tempting when you have done it a long time.  

Your attorney has a 90 percent succes rate.  Source:  BVA chairmans reports and here:

https://www.leadingresponse.com/attorneys-prevail-in-nearly-90-of-va-disability-appeals-cases/

Self represented Vets are much much lower, as are VSO repped Vets.  

Send your attorney to bat for you, dont bat for yourself.  Put your "best player" at bat when it really counts and the game is on the line.