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Claim Closed - No Notification Letter


SPecial1972
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Question

My claim ended on 25 Nov 2019 and have not receive the decision letter within 7-10 business days.  I called and they related they see it closed but no letter sent.  Have anyone ever experience this situation?  Please advise.

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Call the WH hotline. 

Keep calling the 800 number till you get your answer. 

Call your VSO. Call your regional office. 

Call everyone till you find it as it sounds like someone is not doing their job

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Special1972  7-10 business days is a VA rule. They don't abide by their rules; we have to, but they don't. Call 1-800 Peggy again and speak to someone who cares just a little. It eventually should show up something. But really, you need to wait for the decision letter. 

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Yes.  There are at least 3 possible senarios:

1.  You simply need to wait, and the letter will show up.  I would try that first, and wait another 2 weeks or so.  

2.  Your claim was closed because you "opted into Ramp" where they are automatically close the legacy appeal process.  Check to see if its moving along in ramp, and, if it is, dont sweat it.  

3.  You are one of many of VA's "dirty trick" victims where the VA instead of actually processing our claims "close" them instead.  You would not be the first victim, and probably not the last.     If you have done number one and two, then do this, in this order!

      a.  Send Iris email asking for status (on the claim which is closed).  Keep a copy of their response ON YOUR computer, and dont depend on VA's iris system to store a copy of the letter for you.  

      b.  Call "Peggy" and ask the status, likewise.  Write down that person's response, as well as the time and date they said it. 

      c.  Send a 21-4138 to Janesville, further asking why your claim was closed.  

      d.  Call the white house hotline inquiring as to why your claim was closed without a decision as required by 38 CFR 3.103 which states:

Quote
 3.103 Procedural due process and other rights.

(a) Statement of policy. Every claimant has the right to written notice of the decision made on his or her claim, the right to a hearing, and the right of representation.

  e.  If you have exhausted all of the above, file a writ of mandamus with the CAVC to compel the VA to issue a decision on your (closed) claim, that they have violated 3.103 by closing it without a written decision.   When you file the writ, send in all the documentation you kept a copy of, as well as certified mail receipts for each item a through d, above.  

 

 

Edited by broncovet
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29 minutes ago, SPecial1972 said:

My claim ended on 25 Nov 2019 and have not receive the decision letter within 7-10 business days.  I called and they related they see it closed but no letter sent.  Have anyone ever experience this situation?  Please advise.

Yes in Fact recently I experienced the same issue. My claim for my hearing was denied according to VA.gov on Oct 4 , but I never received notification. For almost a month I kept calling and sending iris inquires as to why I had not been notified finally they sent me a copy of the denial.  For some stupid reason the VA send the decision to an address I had 7 years ago, and it was returned to them. I say it was stupid because other than this one piece of mail they have been sending stuff to my current address ( at least I don't think anything else was mis-sent.) 

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Really good advice from broncovet, @broncovet, would you be willing to put that on the blog?

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