Are there some one at R.O. THAT CAN HELP?

[Buck52]

My C-file is a total disaster  it has the wrong dates on just about every document that is in it

Who determines what the correct dates are.

i HAVE DUPLICATE AWARD LETTERS WITH DIFFERENT DATES  ALSO RATING SHEETS AND  REASON AND BASES ARE ALL DIFFERENT DATES. THESE DOCUMENTS ARE A TOTAL DISASTER 

Question

Does anyone know if the Regional Office Has a VSO  or Mananger of the C-FILE Division that can sit down with me to help me figure my C-FILE ALL OUT?

The Award letters and rating sheets all have different dates on them and that can't be correct

I need to know what the correct dates are on all these pages.

I can't find an Attorney that will take this on for a correct EED  dated back April 22-1998  to May 7th 2003.in between these dates  they are 4 different dates on each award letter and also the rating sheets..Which of these dates are correct?

My  C file is on CD format  and pages are numbered  and easy to find things  but when I do find what I think I need   it all goes back to incorrect dates  and double dates and double award letters   so its hard to figure out what the correct Dates Are

 

If this is all typo error  then which date is the correct type out document to go by???

 

[GBArmy]

Whew....

Buck, whats the saying? Deny, delay, deflect, hope....

[Buck52]

 Ain't that the truth GB Army  

Once I contacted Alex Graham (asknod)  he is one of the best VA CERTIFIED AND ACCREDITED CLAIMS AGENT IN THIS BUSINESS.

Well he said if the VA Makes a TYPO ERROR then they can fix that and the VA USUALLY WINS 99% OF THE TIME  AND THE  VETERAN LOSES.

So if these are all typo errors  I am just screwed.

They make their amendments to the typo errors.

but my question is how do they decide the correct dates?

[broncovet]

One way:  38 cfr 3.1579:

 

Quote

 

§ 1.579 Amendment of records.

(a) Any individual may request amendment of any Department of Veterans Affairs record pertaining to him or her. 

 Not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date or receipt of such request, the Department of Veterans Affairs will acknowledge in writing such receipt. The Department of Veterans Affairs will complete the review to amend or correct a record as soon as reasonably possible, normally within 30 days from the receipt of the request (excluding Saturdays, Sundays, and legal public holidays) unless unusual circumstances preclude completing action within that time. The Department of Veterans Affairs will promptly either:

(1) Correct any part thereof which the individual believes is not accurate, relevant, timely or complete; or

(2) Inform the individual of the Department of Veterans Affairs refusal to amend the record in accordance with his or her request, the reason for the refusal, the procedures by which the individual may request a review of that refusal by the Secretary or designee, and the name and address of such official.

(Authority: 5 U.S.C. 552a(d)(2))

(b) The administration or staff office having jurisdiction over the records involved will establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the Department of Veterans Affairs of an initial adverse Department of Veterans Affairs determination, and for whatever additional means may be necessary for each individual to be able to exercise fully, his or her right under 5 U.S.C. 552a.

(1) Headquarters officials designated as responsible for the amendment of records or information located in Central Office and under their jurisdiction include, but are not limited to: Secretary; Deputy Secretary, as well as other appropriate individuals responsible for the conduct of business within the various Department of Veterans Affairs administrations and staff offices. These officials will determine and advise the requester of the identifying information required to relate the request to the appropriate record, evaluate and grant or deny requests to amend, review initial adverse determinations upon request, and assist requesters desiring to amend or appeal initial adverse determinations or learn further of the provisions for judicial review.

 

If you have errors, ask the VA to correct them.  Do it in a letter to Janesville, on a 21-4138.  If your effective dates are ambigious and unclear, ask them to correct them.  

If you dont like the way VA "corrected" them, file an appeal.  Read 3.1579, and scroll down.  I sent you an email.  

[Buck52]

Roger that broncovet!!

Thanks

[broncovet]

If the VA "refuses" to amend your records, as per 38 CFR 3.1759, then you can file a NOD.  Or, if you disagree with their interpretation, file a NOD.  You can ask for the benefit of the doubt, and that these records be interpreted "in the manner most favorable to the Veteran".  

[broncovet]

This is why I suggest he file a "request to amend his records" per 38 CFR 3.1579.  According to this reg, they need to respond in 30 days.  If they decline to "fix" the ambiguity in the effective date records, then just appeal this decision like any other by filing a nod.  Then argue for the effective date most benefiical to the Veteran, since they are ambigious.