Supplemental Claim

[Ken Dillon]

I am trying to understand my case, I filed a claim for Cervical Spine and it was denied, then I file a NOD while within the timeline. it was fax to the VA. No notice of them receiving it, never saw it posted on my online file at VA.Gov.  I waited about 4 months because of Covid, figured people were out. I called 1-800 number got no where. I talk to my local Va Rep in town and got no help. I filed a Supplemental claim back in Sept of this year, it says in currents events We don’t know your status. Last week I sent by Fax's a new medical opinion letter in  does not even show up in my online line file at VA.Gov.

I did kept the copy of the Fax paper work saying the Fax was sent, and ideas or suggestions on what I should do next or just wait?

 

Thank you

Ken

 

 

[pwrslm]

I always filed my claims online because I get immediate notice that it has been received. Anything you put into the online claims system seems to make it much faster than snail-mail. The VBA is 90 days or more behind in their mail system, so if you are beyond that, it may be that they are worse off on incoming mail.

Log into the Vets.gov website. Check your status. If you do not see anything, and the mail/fax has not been acknowledged, I would put it in again along with documentation that you also mailed it. Scan your receipts and return receipts/fax verifications and submit them as evidence to support your claim.

You can also walk into any VBA office and they will give you a receipt for submitting your claim and/or evidence. When I did this it took about 3 weeks to get put into the system, but that was before COVID.

[broncovet]

I learned the hard way:  Dont count on VA processing your claim; instead they throw it away at least part of the time, so its up to you to keep a copy.  

You did so, this is good.  I just hope it holds up, better is certified mail return receipt requested.  

The VA "is in a mess" now, and "dont know your status" is par for the course.  This said, neither ebenefits nor VA.gov are reliable.  

It sounds like your claim is "stuck" somewhere.  You need to get it "unstuck".  Even if you dont have VBMS access, you can still call, email, or send a letter to find out the status of your claim dated (fax date).

 

 

   A VSO SHOULD be able to show you the status on VBMS, which is far more accurate than ebenefits or VA.gov.  If you dont have one, "shop" for one.  Ask them if they have VBMS access.  If they respond negatively, or are unsure, then keep shopping until you find one with VBMS access. 

You may find, with VBMS access, your claim is processing just fine, and ebenefits/vagov is inaccurate.  However, if it does not show up in VBMS, take action:

 

1.  Send a IRIS email, asking the status of your claim submitted (date of your fax).  

2.  Call the 800 number, and request status of same.  

(note your time and date of call, and what the person said). Keep this note for your records.  

3.  If still you dont get a satisfactory answer, move to this:

 

Send a new supplemental claim form, and state:

"I would like to reopen the claim submitted on (insert date of your fax) due to new and material evidence.  Then enclose some new evidence

    OR:  File a new supplemental claim also referencing the previous faxed claim.  

4.  Wait 3 months, but, If everything else fails (email, letters, calls), then consider filing a writ of mandamus, if it remains unresloved.   

Edited December 10, 2021 by broncovet