tdiu Tdiu Problems Again! Whew!

[RockyA1911]

Well, I just received a letter yesterday. Not from my VARO of jurisdiction in Chicago, IL but from VARO in Cleveland, OH dated 4 April, 2007. It stated they were processing my claim for I/U and stated they received the I/U claim dated 26 February, 2007. It was the standard boiler plate with the VCAA form, VA 21-8940, etc and asking for proof of disability, medical evidence etc., as if this was a brand new claim.

Keep in mind I submitted a VA 21-8940 dated 5 July, 2005 along with MD statement of unemployability and the VAMC Neuropsychology Evaluation stating I would be severely compromised in employment and social environment situations.

Further, the same VARO in Cleveland, OH just furnished a rating decision 28 December, 2006 awarding combined rating of 60% AND DEFERRED CLAIM FOR UNEMPLOYABILITY PENDING ADDITIONAL INFORMATION. (Also is proof the I/U claim existed prior to 26 February, 2007)

Again the VARO in Cleveland, OH furnished another rating decsion, 26 February, 2007 awarding combined rating of 70% with effective date of 11 July, 2005.

All of the same medical, both IMO MD, and VAMC C&P and NP Evaluations are listed as evidence in both rating decisions received. Yet this is the third time I have been asked to submit this evidence.

I sent them a complaint on IRIS and demanded they furnish me a copy of a claim for I/U dated 26 February, 2007 because there isn't one. If there is it is fraud. The only I/U claim I filed was 5 July, 2005 and with the same evidence that is already listed in both recent rating decisions. I also demanded to know what happened to my 5 July, 2005 I/U application VA 21-8940 dated 5 July, 2005.

Does this qualify for the issuance of a Writ of Mandamus? It is almost two years now, and I will not start all over again from the beginning with an effective date of 26 Feb, 2007. I have been unemployed now 3 years and one month and my claim for I/U is going on two years old.

Then I get this BS in the mail yesterday when I was expecting a decision on the I/U.

I just had to vent.

[Berta]

Rocky-

Number one there is no Standard Boilerplate VCAA letter-

after the BS generic stuff at the top they must state in a highlighted or underlined statement-exactly what evidence they need for your specific claim.

And enclose the election form and the pamphlets- (I dont know of any vet who ever got one of them but the GPO printed thousands of these pamphlets off to explain fully the VCAA-at the taxpeyers expense)

BUT your claim is beyond that point and you have excellent evidence.

I suggest that you either fax your concerns to the directors of these VAROs or send another Iris complaint -under Service Complaint- to Secretary Mansfiled Deputy Director of the VBA.

That way the VBA will have to determine where your claim should be and who is supposed to be coordinating the evidence with the proper TDIU claim and with the proper filing date of the 21-8940.

This is not an issue for a Writ of Mandamus yet -

it is an issue to get your claim handled properly by the right VARO and to get the right EED determined.

VARO Chicago Ill Michael D. Olson Director

Fax 1-312-706-6668

VARO Cleveland OH Bradley D Mayes

Fax 1-216-522-3518

[RockyA1911]

This is the response I just received this afternoon. Same old BS I got the last two times. They won't answer to what happened to the VA Form 21-8940 dated 5 July, 2005 and they had to have it previously to have deferred the I/U claim in the Dec 28, 2006 decsion letter. Definitely prior to 26 February, 2007. They just won't answer that one at all!!!!!

Response (Department of Veterans Affairs) 04/10/2007 02:58 PM

Dear Mr. XXXXX,

It appears that we have not received a VA Form 21-8940, Veteran’s Application For Increased Compensation Based on Unemployability. We cannot grant benefits without an application. Our letter dated April 4, 2007 asked you to complete the application and return it to us. Once we receive it, we will make a determination (at the time of our decision) of your effective date and you will be notified in writing of our decision.

We apologize for any confusion. Thank you for visiting our website.

Sincerely yours,

XXXXXXX X. XXXX

Veterans Service Center Manager

328/132

[Pete53]

Rocky:

This is exactly why you keep copies and certify mail to the VA. Make sure to have dates on every page of any submission.

Sorry for your trouble.

[jbasser]

Rocky, same thing happened to me. Do you live near the Varo. Call and get an appointment to view the claims folder asap. Take a copy of t he form with you and maker sure it is in there.

This is the old lost in the mail routine for it happens a whole lot.

Be agressive, dilligent and most of all, take a witness with you. A Vet rep would be best.

John

[ronn]

Dear Mr. XXXXX,

It appears that we have not received a VA Form 21-8940, Veteran’s Application For Increased Compensation Based on Unemployability. We cannot grant benefits without an application. Our letter dated April 4, 2007 asked you to complete the application and return it to us. Once we receive it, we will make a determination (at the time of our decision) of your effective date and you will be notified in writing of our decision.

We apologize for any confusion. Thank you for visiting our website.

Sincerely yours,

XXXXXXX X. XXXX

Veterans Service Center Manager

I don't here Them giving an effective date yet. Could be they need a current one ! Don't take much time unless your late for work :D

[cloudcroft]

Rocky,

It has been said frequently in every vet forum I have been reading that if at all possibe, you take ALL submitted documents to the VA benefits office in-person, get them date-stamped AND copied (with said date-stamp clearly legible) for your records. If they say ater on they didn't get it -- lots of that sorry BS comes from the VA -- then you can produce a copy of the date-stamped document(s). It also helps if they try to deny you an accurate effective date for your claim.

This is what I did the entire 4-years MY case took...the VA never once said "they didn't get" something. Maybe I was just lucky, or maybe they take better care when a vet hand-carries/submits documents to them in-person and they're marked received/dated. I don't know. Whatever, it's the only way to do it IMO.

One's VA disability claim is WAY too important to just mail stuff in and hope/assume they get it.

-- John D.

Edited April 11, 2007 by cloudcroft (see edit history)

[RockyA1911]

There is no way I can take the stuff in person to my VARO. My VARO is Chicago and I live over 180 miles one way. Plus, my file is not at my VARO, it is in Cleveland, OH right now. I have two complete copies of my C-file.

[Ricky]

Rocky do you have the returned green receipts signed by the VA on or around the date you say you mailed the items? Although fighting through the system will be a headache and take its toll on you and your family you will prevail with such evidence in the end.

When this has happened to me I simply have written another letter explaining that the item was mailed on such and such day and attach another copy of it along with a copy of the signed green return receipt. They have accept this as proof of the claim/item being submitted and I have not had any problems. Maybe I am just luck also but give it a try. At least it will give you another piece of paper to support your appeal at a later date if needed.

[tssnave]

I send my stuff to the DAV with USPS tracking and give them a week and then call them and ask them if they submitted it to the VA. They tell me when they submitted it and then I call the VA 1-800 number and ask them if they got it. They confirm they did and the date they got it has so far lined up with what the DAV tells me.

However, and here's the mystery, in the evidence listing of my decision letter they don't list the several statements I made over the last 3 years regarding my claim. They noted the supporting medical documents that were attached to those statements but not MY statements, which were relevant.

So, I'm left to wonder did the DAV send everything I sent to them to the VA or did they just send parts of it? I have always numbered my pages. From now on I'm going to number and date each page. I am waiting to request my C-file until after I submit my IMO next month.

Like others here, I am not close to the DAV or RO so anything other than USPS w/ tracking is out of the question. I've had 4 different DAV reps over the 3 years of my claim and I think one of them was great, one too busy going TDY to ever talk to me, one was a jerk, and the one I have now is ok but keeps confusing me with other veterans which does not instill confidence.

ts

[Tbird]

in your c-file is there the application they are saying they don't have? that may be your proof. though i'm of the opinion if they ask for it a second time i give to it to them a second time so that work doesn't stand in place on my claim, then you can work on the issue of an earlier effective date based on your original application. does this make sense?

There is no way I can take the stuff in person to my VARO. My VARO is Chicago and I live over 180 miles one way. Plus, my file is not at my VARO, it is in Cleveland, OH right now. I have two complete copies of my C-file.

[jbasser]

Call RO and get their fax number and fax it to them. You may have to go to a Kinkos if you do not have a fax machine. By the way, a fax can print out a confirmation sheet that it was received. Fax machines like a HP all in one is 69 bucks at Walmart.

[Berta]

I send everything Priority mail with tracking slip- this way I can copy from the USPS site the delivery confirmation.

I do this for everything that goes to the VARO as well as to my vet rep.

GOOD thing- my former rep claims I never had appointments and never filed claims and never sent in evidence.

My file at this office is full of representation stuff up to 1997.

When I first filed my AO claim by appointment there in 2003 the rep told me just to send it to the RO-he didnt need copies or any evidence-

This just didnt make sense to me and I brought in the stuff personally a few weeks later and I thought he put it in my file.

WHen I had a DRO review the POA rep that handles these in the RO office didnt even know they represented me.

When I mentioned that I had 2 IMOS and had sent them to the local rep- there was NO evidence at all that I did.

Long story but at 7 AM I got some very supportive input from my present rep- they know what happened to me and what apparently has happened to others too on their POA who had contact with this rep.

In 2005 the director of this state division wrote to me and practically called me a liar. He threatened to rescind my POA because I made so many charges against them.

Now almost 2 years later -since I have proven they did this to others too-they seem to be changing their tune.

It is always best to double check on what a vet rep says they will do-

and they have a file on you in their office that will show what they really did.

I got a copy of my POA file last year. You would think they never saw me regarding any claims since 1997. In Feb 2003 and then by Sept 2004 I had filed 6 claims.And sent significant amounts of evidence and by now-3 IMOs.

The VA cannot make a proper decision if they never receive your evidence.

Someone made sure the VA never received any of my IMOs and my additional evidence.Someone with access to my records here and at the RO,

in order to cover up what they did in 2003.

The VA in all the SOCs etc I have recieved over past 4 years on my AO death claim has never acknowledged ANY of my evidence-

they cannot acknowledge what they do not have.

I am not the sole person with NYSDVA on the POA who has been through this.

But I sure might be the first person who made formal complaint to their big boss who writes their paychecks with documented evidence of what I went through.

I made the point in that strong complaint letter with citations to VA regs and other documentation that not all veterans and widows would even know enough about proper claims procedures to even question the real reason they were denied if this rep messed up their claims like he did mine-

A POA is a relationship of trust. Most vets and widows should not even have to know the VA legalise anyhow- because the rep should know it themselves.

And if they dont -they have no right to say they are representing you and then do all they can to sabotage your claim,lie about the whole situation, and make sure the RO never sees your evidence.

Other claimants who went into the Bath office of NYSDVA on the VAMC grounds-"more than likely" received improper handling of their claims and evidence if the boss there handled their claims.

Edited April 16, 2007 by Berta (see edit history)

[john999]

Rocky

Your TDIU application may be in your C-file as T-bird says. You know the VA almost never looks in your file. They would not even look in my file for my DD-214. The IU form may be sitting in your file gathering dust.

[Pete53]

I have not met a veteran who reviewed their "C" file and did not find a surprise or two. Its absolutely to be current on what is in the file. Not knowing can kill a claim.

[cloudcroft]

jbasser,

Yeah...that's a good idea.

The All-In-One machines have come down in price a lot since they first came out, and just about everyone has a phone line (except me), so faxing something in (unless they need the originals) PLUS getting the fax transmission confirmation would be a good idea for Rocky since he can't take stuff in personally.

But he needs to do something...

It's unfortunate, however, that vets have to overcome -- as if they don't have enough to overcome already with the claims proces -- the VA's "expertise" in losing documents.

-- John D.

Call RO and get their fax number and fax it to them. You may have to go to a Kinkos if you do not have a fax machine. By the way, a fax can print out a confirmation sheet that it was received. Fax machines like a HP all in one is 69 bucks at Walmart.

[RockyA1911]

I have a All In One machine with also picbridge, it's a Dell. I'm just going to make copies of the NOD and CUE submitted to Chicago in March and send them registered with signature confirmation to Cleveland since my file is there and not in Chicago. Then Chicago can figure it out what happened to my submissions in the meantime.

All in all, the Tiger Team could not have furnished a "Deferred Decision for I/U claim pending additional information" in the rating decision dated 28 Dec, 2006. They had to have had the Form 21-8940 or otherwise how would they have known to rate a claim for I/U if it wasn't present prior to Feb,2007?

Sometimes it makes me feel as if they are brickwalling my submissions.

[Berta]

Pete is right-

I was stunned at what my c file revealed 2 years ago-all the stuff they said they never got- and as soon as my claim is decided I will ask for copies of what else is in it now.

My claim has had recent movement so I dont want to stop the process at this time- to ask for copies of what is in it.

But I know I will be surprised.