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.
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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.
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