File in claims folder stamped "DROP FILE" - What does this mean?

[Tbird]

I got out of the service in Dec 1990 and was hospitalized with Major Depression in September of 1991. I was so fucked up I didn't know to file a claim, even though I was within the one-year time frame from separation. 

So today I am looking through my C-File and find a file stamped "DROP FILE" dated 9/1991 I'm not sure if this would allow me to CUE for an earlier effective date or not. If any legal beagles have any thoughts see the attached pdf.

DROP-FILE-002_Redacted.pdf

[pacmanx1]

Quote

I got out of the service in Dec 1990 and was hospitalized with Major Depression in September of 1991. I was so xxxxxx up I didn't know to file a claim, even though I was within the one-year time frame from separation. 

So today I am looking through my C-File and find a file stamped "DROP FILE" dated 9/1991 I'm not sure if this would allow me to CUE for an earlier effective date or not. If any legal beagles have any thoughts see the attached pdf.

My apologies, I guess you can call it brain fog, but I can't remember what this form meant. What I can say is that you can file a Reopen claim or a CUE claim based on 38 CFR 3.156 and request an earlier effective date. You can also file both a Reopen claim and a CUE claim simultaneously and then use the regulations that supports your request or argument. This form basically says that the VA should have considered this as part of your evidence when they originally processed your claim.  Keep in mind that both Reopened claims and CUE claims can be Reopened or CUED at any time when new or material or relevant evidence is found. Just be prepared if the VARO and or the BVA denies your request to file an appeal to the CAVC.

Thinking about it I think it refers to incoming mail to the VARO. So basically, I am thinking that the Hospital sent this document to the VARO to be added to your C-file back in 1991. It definitely shows that you were admitted for major depression and the VA Form 10-7131 was sent to and received by the LA Angeles VARO.

Edited October 13, 2023 by pacmanx1

[Tbird]

thanks keep the input coming. 

[broncovet]

Being hospitalized for a sc condition (mental issues) makes a great case for you being unable to apply within a year.  I think this is more relevant than a "dropped file".  

At least one attorney brought this to my attention.  

Your attorney "may" need to ask the one year time limit to apply after service be "tolled" due to your sc mental issues, and mental health hospitalization.  

Surely, the VA should not require Veterans in mental hospitals (with sc conditions)  to understand that they must apply within a year to get benefits backdated to the day of discharge.  

My advice is to send an email to a great law firm such as Ken Carpenter, or maybe cck law to "hold the VA accountable" for this, and ask them this very valid question.  

There are several ways an attorney could possibly accomplish an eed, to include simply applying for an eed, then appealing, filing cue, but he would need to "toll" the one year time limit for you to apply after exit from service due to mental health conditions related to sc conditions.  

While Im unaware of cavc case laws which have allowed the same, your can be the first, especially since its an egragarious case, and, likely documented.  

Go for it, even if the first, or second law firm turns you down.  It sounds like lots of retro involved.  

And, dont forget NVLSP, send them an email with your dilema.  

Source:  I won eed through 3 law firms, directly or indirectly, including nvlsp, Glover Luck, Attig Steele law firm.  

My case was also accepted by CCK and Ken Carpenter, but, I had already hired one of the law firms above.

 

As always, you have to persist until you win.  Every time, I eventually won through " a different theory" than the one I proposed to the law firm.  So, be sure to ask them if they see an eed in your file.  Remember, informal claims for increase were allowed back then.  One person explained your claim could be "written on a napkin", it did not have to be a formal claim.  While "napkin" claims have been eliminated, yours may well be grandfathered in.  

 

When I sought benefits, I told my VSO "in an email" (which the VSO forwarded to the VARO) that I was

"about to be homeless" and was unable to find a job.  This statement was eventually used as an effective date for tdiu.  Its not required Veterans understand all the nuances and lingo to apply for benefits and say "I want to apply for tdiu", but rather, VA is to "liberally apply" our informal claims and has a duty to maximize our benefits.  

The cavc has ruled that the Veteran telling the va "he is unable to work" can be interpreted as an informal claim for increase (aka tdiu).  The vA is then supposed to mail the Veteran a claim form for tdiu.  When they can not document they sent you a tdiu claim form, then its their fault.  

As always, you have to document this.  I had the email letter, and my VSO wrote me a letter confirming he sent my email to VA (i had a copy of the email).  I alleged the VA shreded my documents and "resubmitted" my email to the Vso documenting I was out of work, alleging this was shredded improperly.  Expect the va to fight you on this and you are unlikely to be disappointed.  

[Lemuel]

I do not know when you first made a claim.  The cases I attached above have at least one that remanded because the VA did not do a thorough review of the file and award even items that were not claimed but were in the file.  Check them out.  And then search for the citations which will provided better information.  I would work on that today but have to travel 80 miles for an appointment at the Cheyenne VA pulmonary clinic.