The package sat in the mailbox at Janesville...

[CapnHaddock]

I need a sanity check...  I filed my first VA claim after being out of the service for over 20 years and was awarded 80% from the day I filed.  I then followed up with another claim that moved me to 90%.  In the mean time I appealed the denials from the first claim.  I am now 100% P&T (I am 63).  I have my good days and bad days but I am not going to complain.  This is my issue - I submitted an intent to file on the second claim and submitted it by overnight mail and can prove that it arrived and was ready for pickup on the morning of May 29th of last year.  That is the day my Intent to File expired.  My package sat in the box until it was picked up on the 30th and was then recorded as arriving on the 30th and the intent to file null and void.  I can prove this from the U.S. Post Office documentation.  I should not have waited to the last minute however that is another story.  I want to submit an appeal for the date of receipt.  Am I opening myself up for another set of evaluations and is this type of appeal even considered.  I have poured through the instructions and can nothing about date of receipt.  Does anyone have any experience on this?     

[CapnHaddock]

PACMANX1, FAT, and Buck52 - I submitted the appeal.  I will keep all posted on the outcome.  I went the appeal to higher authority route based on the single item - date of award.  I also asked for the informal review.  At that time I will provide the dates and tracking numbers if permitted.  The letter documenting the postal chain and delivery chain is there ( I copied it out of EBenefits last night just to be sure I had a second copy) as it was provided to VA as soon as I say they did not honor the postmark.  Now we wait.

[Buck52]

16 hours ago, CapnHaddock said:

Buck - I checked and the letter I sent before the claim was completed pointing out their error is available on line in EBENEFITS!  I have all the post office tracking information in that letter and it also shows up in the file VA.GOV.  I have the receipt dates in which it was scanned into the VA system and the tracker they gave it.  It was mailed overnight three days before ITF expired.  They simply ignored it.  I have submitted the appeal - now we have to wait for the outcome.  

Roger that

good way to stay one step ahead.

[CapnHaddock]

5 Months later and one very pleasant phone call - I won.  I received a phone call from the VA higher authority (name excluded) early last week who listened to what I had to say and agreed with me.  The date of the post mark was the crucial issue and as of this morning (12 DEC) the case is closed and my effective date has been moved back one year.  It was handled out a Florida office (I am in Virginia).  I made one phone call in late October to get status and received a letter that said wait - you are in the que.  This also permits me to request a refund one year of property taxes.  

Edited December 13, 2020 by CapnHaddock
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[pacmanx1]

Congratulations! 

[broncovet]

Congratulations!   We hear that a lot.  (People wondering if they should apply or appeal, they do so, then get awarded benefits and are glad they did).  

     When you get your retro payments, Captain,  its a great idea to give back by donating to hadit, or, by answering other Vets questions on hadit.  I do a little of both.  

     Dont forget about your 10,000 free life insurance (for disabled Vets..called "waiver of premiums").  This is whole life insurance and builds cash.  

I could cash my policy in for several thousand dollars, or borrow on it.  You need to apply within a year or 2 of your rating, so dont wait.  

     

[CapnHaddock]

broncovet - I am doing all of that.  My rating date moved from May 2019 to May 2018. I have the insurance.  

The biggest lessons are:  1.  Document every step on paper.  2.  Read the rules and make sure you understand what you are asking for.  3.  Be pleasant and be patient.  You get no where being abrupt and angry to someone who believes they are doing their job.  

Lastly - I won the battle - but not the war.  I will come back up when I see the money.