tdiu Iris Inquiry Over Tdiu Evidence Sumbitted Locked

[RockyA1911]

Yesterday I received this second response to my complaint submitted via IRIS. This is what I received.

"Response (Department of Veterans Affairs)

04/12/2007 10:25 AM

Dear Mr. XXXXX:

Part of the rating specialist's job in rating a case is determining the date of claim. If the records indicate an earlier date of claim, the rating specialist will use the earlier date. We are not holding any mail regarding your case in the Chicago Regional Office, all mail has been forward to Cleveland. Because we do not have your file here, we cannot check for the 21-8940 that you sent to us in July, 2005, but we are sending notification to Cleveland to be aware of your previous submissions.

We apologize for the delay in processing your claim and we hope to have resolution soon.

Sincerely yours,

XXXXXXX XXXX

Veterans Service Center Manager

B163"

I responded to her right after receiving the VA response and submitted this:

Discussion Thread

Veteran/Inquirer

04/12/2007 03:31 PM

From what I was told by a VA VSR from the 800#, my file was sent to Cleveland on the 2nd of March, 2007!

1. I submitted a Notice of Disagreement dated 5 March, 2007 to Chicago VARO with confirmation of delivery dated 9:38 AM on 7 March, 2007 (USPS tracking number 0305 0830 0003 1111 0295)

2. I submitted a Motion of Clear and Unmistakable Error (CUE) dated 13 March, 2007 to Chicago VARO with confirmation delivery dated 9:00 AM on 14 March, 2007 (USPS tracking number 0305 0830 0003 1111 0356)

3. I submitted a request for status of claim for Individual Unemployability dated 5 July, 2005 in letter dated 13 March, 2007 to

VARO Chicago with confirmation of delivery dated 9:32 AM on 15 March, 2007 (USPS tracking number 0305 0830 0003 1111 0387). The letter also had exhibits, (1) The VA Form 21-8940 dated 5 July, 2005 (2) Statement from Dr. XXXX, MD determining disability and unemployability dated

April, 2005 (3) C&P Adendum for Neuropsychological Evaluation Report from VAMC Iowa City dated Jan, 2006

As you can see, all of these packages of evidence and inquiry were clearly delivered to VARO Chicago almost two weeks AFTER my file had gone to Cleveland.

You must have a temporary file set up or something as the above documents confirm delivery, so they have to be in Chicago and could not have gone with my file prior to going to Cleveland on the 2nd of March, it would be impossible.

I forwarded exact copies of the inquiry referenced in number 3. to Cleveland on the 9th of April, 2007 with delivery confirmation 7:28 AM on 11 April, 2007 (USPS tracking number 0305 0830 0003 1111 4408).

So where are these documents? Because the VA in Chicago definitely received them."

I went to submit an update this morning and when I clicked on the update a message popped up notifying me that this inquiry number has been locked as of 9:03 AM 12 April, 2007.

See how easy they can just make it all go away!!!!!

Edited April 13, 2007 by RockyA1911 (see edit history)

[Pete53]

Wow that is strange. Maybe it means that Cleveland is not able to answer your inquiry. Maybe you should contact Chicago VARO.

I have always felt that sending Claims out to other VARO's was just another delaying procedure to make Veterans wait on their claims.

I hope that you can light a fire under these guys.

[RockyA1911]

That's just it Pete. The IRIS responses are COMING from the Chicago VSCM even though I selected Cleveland in the drop down menu when I submitted the COMPLAINT via IRIS. All the responses have come from Chicago, NOT Cleveland who has my file and is processing the I/U.

The LOCK was placed by Chicago VSCM, not Cleveland. Anyway I printed the whole IRIS thread out and mailed it to Cleveland this morning.

Strangely enough I just checked my thread in IRIS and it is NO LONGER LOCKED. I checked because I was going to print out the LOCKED info because it showed CPCHI as who did it. CHI is Chicago. Then I was going to print the whole thing out and fax it to the Directors at the FAX numbers Berta provided for complaints and ask them to look into this.

But, now there is no LOCK, so I have no proof now. I knew I should have printed that out! Always trust your FIRST instincts and I didn't and should have!