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Supplemental Claim for Duty to Assist


rasceebp
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Question

Hey you guys,

Please give me a suggestion of what to do next.  My higher level review was completed and duty to assist errors were found.  My higher level review was closed.  A supplemental claim should have been created to address the duty to assist errors but it was not.  There are no open claims for me.  It's been over a month since the higher level review was closed.  I sent a letter marked urgent to the intake center.  They posted the letter to my file but did not address the supplemental claim.  I wrote to iris, and called iris and asked to speak to a supervisor but I was ignored.  I called the white house hot line but nothing was done.  What is there left for me to do?

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So I would keep calling them over and over until you get your answer!  I would also call your congress person!  You can try your VSO if you have one at the regional office.  

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I would call, just like shrek advised. Keep a log of when you called, time and date and a name if you can get it. Ask for a supervisor. Call the White House, again! Tell them they blew you off the first time. Call, or, better yet, go to your RO and ask to speak to a supervisor. If none of that works, then I'd call your Congressman. But don't cave in, keep at it. I would hold off if they respond that you should submit a supplemental claim. You want to run the string out on this one first, instead of starting a new appeal.

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Was it closed "without a decision"?   Did you check VBMS to see if your decision is "en route"?    What DTA errors were found?  

If this is based exclusively on ebenefits/VA.gov, then it may not mean much..its inaccurate and not up to date.  Does the ebenefits "letters" show a change in your disabilities?

My advice, pending the answers, above, is to:

1.  Send an IRIS email, again, asking for "status of the claim" (which was closed).  You want to save their response, for later.  

2.  Again, when you call, email, or write keep a record of who you spoke to, as well as their response.  

3.  If, indeed, after multiple attempts documented, and VA fails to honor 38 CFR 3.103, then file a writ of mandamus to compel a decision.  

       In a "normal" course of action it takes VA a couple months sometimes after a decision, so I dont recommend rushing to file a writ, but dont delay 2 years, either.  My guess in a month or so this will be worked out before you have to file a writ.  However, I have filed a writ, and that was the main reason I got my benefits.  They knew I knew the law.  The VA loves ignorant Vets, and pushes us around.  We have far to smart of people here on hadit to do that.

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