Claim closed by mistake

[hydox]

As the title says my claim was closed by mistake. So I called the 800 number and the va said that I had a appeal open for the same issues as the claim, but I did not. They go on to say that I was right that no appeal is open and that they are sending over documentation for them to reopen the claim. Has anyone had this happen? I was at the decision stage of the claim, had my c and p. Will it start over or will they make a decision with what they have since they were about too. Thanks in advance. 
 

update: thanks for the answers everyone! Well my rep is working to try and figure this out. They want us to open a new claim which doesn’t make any sense since I had everything done as well as my c and p. Hopefully this gets figured out. Thanks again! 

Edited February 6, 2020 by hydox

[vetquest]

I am not familiar with another case like yours but I am sure it happens.  If they do it right they should decide your claim with the evidence of record as of the date you applied.  Please do not file a new claim but reopen your claim to save your dates and information.

[broncovet]

Oh, yes.  VA has "closed" many claims often to "reduce the claims backlog".  If you dont complain, they just got away with it.  

Its often a cat and mouse game with the VA seeing how much they can get away with.  The easiest?  The VA do nothing and just dont adjuticate your claim.  

Often a VA employee or supervisor  comes along, and says.. ".gee this claim has been open 4 years..it must have been open by mistake..I will go ahead and close it.  The Vet probably withdrew it."

Source:  I have personally had claims "closed" and never adjuticated.  It often happens "along with" another claim.   It happens so often, CAVC has a name for it.

When the VA decision "addresses" issue one, but does not address "issue 2", then issue 2 is "deemed denied" and the appeal period begins to run.  

More recent CAVC decisions have restricted this some, but it still happens.  

My advice?:

1.  Try to pry the claim open.  Send an IRIS email, and inquire, "what is the status of (claim issue that was closed)?

2.  Try sending a 21-4138, also, to janesville explaining  this is a violation of 38 cfr 3.103 (closing a claim without a decision).

3.  If this does not work, KEEP the above documentation in your files, then file a supplemental claim "noting" this claim was closed earlier, a violation of 38 cfr 3.103.  

4.  If awarded at the incorrect effective date, appeal, alleging you filed earlier and the claim was closed in violation of 3.103.  

5.  If none of these works file a writ of mandamus to compel the VA to comply with 3.103 and issue a decision on your issue.  

 

 

Edited February 5, 2020 by broncovet

[Mantana]

22 hours ago, hydox said:

As the title says my claim was closed by mistake. So I called the 800 number and the va said that I had a appeal open for the same issues as the claim, but I did not. They go on to say that I was right that no appeal is open and that they are sending over documentation for them to reopen the claim. Has anyone had this happen? I was at the decision stage of the claim, had my c and p. Will it start over or will they make a decision with what they have since they were about too. Thanks in advance. 

My mental health claim was along with a tmj claim. In October I was called by a VSR who said  (and I quote) "you have plenty of evidence for your mental health claim." In December the claim moved to decision and 2 days later I was rated for TMJ. But where is the mental health rating? I asked. Nobody knew a thing. I decided to have the 800 number people send a note to my regional office asking them to clarify what happened. I then submitted a 21-4138 via fax explaining  what I claimed and when I claimed it. I was specific about the fact that VA broke their own laws and error by not denying or giving a rating. January 2nd, a claim pops up as "veteran was not rated for [mental health conditions]." It has been very slow. The estimated time is November 2020. Although I just scheduled a c and p exam this week because they want clarification as it's secondary. They entered this claim as a "rating control ep930." I still don't quite understand but I guess it doesn't count as completed work so it could take longer. I've been told the rater probably didn't defer my mental health claim by mistake so it just closed my claim. 

I'm not sure if that will happen to yours, but mine was jacked up as well.

[broncovet]

Mantana

    Please post your question in a "new" post, so as not to be confused with other answers.  Since you are new, I will answer  "just this once".  

You posted:

Quote

My mental health claim was along with a tmj claim. In October I was called by a VSR who said  (and I quote) "you have plenty of evidence for your mental health claim."

Later you discuss ebenefits and conversations with VA employees.  

   My advice:   (Do this IN THIS ORDER, dont file a writ yet)  

1.  Ask your VSO (who you quoted) this very valid question.  If he or she is unable to fix it, then you are gonna need to take some action yourself (likely):

    a).  Send an IRIS email, with your explanation asking why your claim was closed, in violation of 38 CFR 3.103.  (for mental health issues).  Save this documention on your computer, and or print it out so you have documentaion.  

    b)  Send a filled out 21-4138 to Janesville, also detailing your issue of being closed without a decision.  Save a copy this documentation and send it certified mail return receipt requested and save this receipt.  

    c)  If the above fails to reopen the claim, then you reopen it by filing a supplemental claim, but note your documentation, above.  

     d) If, when you finally get the decision, if its the wrong effective date, then appeal by filing a nod, and send them all the above documentation that you actually applied earlier and VA erroneously deleted or closed your claim.  

    e) If all the above fails, then file a writ of mandamus along with documentation of your issues, above.  

Edited February 6, 2020 by broncovet

[Mantana]

On 2/6/2020 at 7:13 AM, broncovet said:

Mantana

    Please post your question in a "new" post, so as not to be confused with other answers.  Since you are new, I will answer  "just this once".  

You posted:

Later you discuss ebenefits and conversations with VA employees.  

   My advice:   (Do this IN THIS ORDER, dont file a writ yet)  

1.  Ask your VSO (who you quoted) this very valid question.  If he or she is unable to fix it, then you are gonna need to take some action yourself (likely):

    a).  Send an IRIS email, with your explanation asking why your claim was closed, in violation of 38 CFR 3.103.  (for mental health issues).  Save this documention on your computer, and or print it out so you have documentaion.  

    b)  Send a filled out 21-4138 to Janesville, also detailing your issue of being closed without a decision.  Save a copy this documentation and send it certified mail return receipt requested and save this receipt.  

    c)  If the above fails to reopen the claim, then you reopen it by filing a supplemental claim, but note your documentation, above.  

     d) If, when you finally get the decision, if its the wrong effective date, then appeal by filing a nod, and send them all the above documentation that you actually applied earlier and VA erroneously deleted or closed your claim.  

    e) If all the above fails, then file a writ of mandamus along with documentation of your issues, above.  

I think you misunderstood, I was asking a rhetorical question.

 

I had a c and p yesterday, just gave that as an example of what I did. Thanks for the concern though