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If you have any questions, please call our toll-free number at
1-800-827-1000.
WHAT CAN I DO TO HELP ... ?
Be as thorough as possible in completing your claim application.
Do NOT assume that we have information on file already. ALWAYS
sign your name on the application form.
Respond as quickly
and completely as possible when we ask you for information.
If you are scheduled for a medical exam, please keep your
appointment. If you are unable to keep your appointment (for
whatever reason), please contact the VA medical Center where you
were scheduled to report as soon as possible.
If you have
been treated for your disability by private medical providers,
please ask them to send us a copy of your treatment record.
On any application that you submit, ALWAYS provide a complete
mailing address (to include your specific apartment number if
you live in an apartment building) and, if possible, a daytime
phone number (including the area code) where you can be reached
in case we need to obtain clarification on any part of your
application. Let us know, as soon as possible, if you change
your address or phone number.
If you are in doubt about
what to do at any time, please contact us at
1-800-827-1000.
Any time you call this office about your
claim, please have your VA file number available to give to the
person who assists you. You can find this number in the upper
right hand section of any correspondence from this office. If
you can't remember and can't find your VA file number, please
have your Social Security number (or - if you are a survivor of
a veteran - have the veteran's Social Security number) available
since (starting in the mid-1970's) this is usually the number
assigned as the VA file number.
Any time that you write to
VA, you should include your VA file number not only on your
letter but also on any documents that you submit in support of
your claim - in case they become detached from your letter.
You were there when we needed you - now we're here for you.
What Causes Delays?
Claims within a specific category are processed in the order
they are received. Time to process is particularly hard to
estimate on cases involving PTSD, Persian Gulf illnesses,
reserve units, and fire-related cases. The time it takes to
process a claim varies for several reasons. First, we need to
get the information needed to make a decision; this includes
medical records, verification of honorable discharges, copies of
certificates, etc. Although we are a government department, we
have no special way to get records from private hospitals, other
government agencies, records centers (such as the National
Personnel Records Center), or military bases, hospitals or
reserve units. Claims with records from several sources take
longer to get records than others. One way to help is to get as
many of your records as possible to submit with your claim.
Appeals of Decisions
An appeal of a local decision involves many steps, some optional
and some necessary, and strict time limits. In order, the steps
are:
Notice of Disagreement (NOD)
Statement of
the Case (SOC)
Formal Appeal (VA Form 9 or equivalent)
Hearings (Optional)
Board of Veterans' Appeals (BVA)
United States Court of Appeals for Veterans' Claims (CAVC)
The case may also involve remands at the BVA and/or COVA levels.
Someone may have several appeals at once, and several issues may
be included in the same appeal. Usually, all issues on one VA
decision will be included in the same appeal.
Notice of Disagreement
A Notice of Disagreement is the first step in an appeal. It
simply involves a written statement that you disagree with a
decision that has been made. Certain things should be kept in
mind when submitting a NOD:
Be specific about what you are disagreeing with. If a decision was
made on 7 issues, specify the ones you are referring to- don't
simply say you disagree with the decision.
Make sure
that a decision has been made. For most decisions when benefits
are reduced or terminated, we are required to propose it first;
this is called a pre-determination notice. A NOD can only be
accepted if a final decision has been made, not if a proposal
has been made. If you don't receive paperwork describing the
appeals process (a VA Form 4107), check your letter to see if it
is a proposal.
Check the time limit. A NOD must be
filed within one year of the date of the letter informing you of
the decision. If you were notified of a decision in 1994, it is
too late to file a NOD. Your option at that point is to file
another claim, or request to reopen a claim, for the same
condition as before.
Statement of the Case
A Statement of the Case is a summary of the evidence considered,
actions taken, and decisions made, plus the laws governing the
decision. A SOC must be done when a Notice of Disagreement is
filed or when new evidence is received. Once the first SOC is
done on an appeal, any ones done after that are Supplemental
Statements of the Case (SSOC). An appeal may have several
SSOC's.
Formal Appeal (VA Form 9 or equivalent)
An appeal must be formal before it can continue to higher
levels. The standard form for formalizing (sometimes called
perfecting) an appeal is the VA Form 9. This form must be
received no later than one of these two dates:
one
year from the date of the letter notifying you of the decision
60 days after the date of the Statement of the Case
Hearings (Optional)
Hearings are a chance for claimants to present evidence in person;
they are totally optional. They are held at the regional office
by a Hearing Officer (HO). If you have a hearing, the HO will
review the evidence in conjunction with the testimony and make a
decision on your case. If the issue is not resolved in your
favor, the appeal will continue.
Board of Veterans' Appeals (BVA)
The Board of
Veterans Appeals, located in Washington DC, is the highest
appellate body in VA. Although most decision are done in
Washington, BVA does have travel boards that come to local
offices. Travel boards have been limited the past couple of
years, and Manchester would not expect more than one week of
travel board hearings in a year. Due to a number of reasons, the
pending workload at BVA has dramatically increased in the past
few years. It is not unusual for an appeal to take 2 years or
more from the initial NOD to the final BVA decision.
BVA looks at all of the evidence regarding the issue under
appeal. If BVA decides that more information is needed to make a
decision, it will issue a remand to the local office. BVA will
not reconsider the case until its instructions in the remand are
done. If the evidence is sufficient, BVA will issue a decision.
This decision is the final VA one on the issue, and the appeal
will have ended. However, a BVA decision can be reviewed by the
Court of Veterans Appeals if an appeal to the court is filed
within 120 days of the BVA decision.
United
States Court of Appeals for Veterans' Claims (CAVC)
The United States Court of Appeals for Veterans' Claims (CAVC),
located in Washington DC, was created in 1988 to review matters
of law about VA benefits and decisions. CAVC is not part of VA;
it is an appellate court in the US judicial system. CAVC will
only consider decisions made by the Board of Veterans Appeals
after 1988. As in most courts, one must have either an attorney
or personal knowledge of legal proceedings in order to file the
correct legal paperwork and conduct the appeal. CAVC decisions
usually concern the procedural, legal issues involved in the
"letter of the law". The deadline for filing an appeal to COVA
is 120 days after the BVA decision (using the date of the letter
to you informing you of the decision).
Communicating with the Veterans
Service Center
COMMUNICATION IS NOT ONLY WHAT WE SAY, IT'S WHAT YOU THINK WE
SAID.
If you get a letter from this office that is confusing, please let
us know. We are truly interested in improving our communication.
When doing so, provide the date of the letter in question.
Methods of contacting/communicating with VA/Veterans Service
Center:
You can write us at:
DEPARTMENT OF VETERANS AFFAIRS
Veterans Service Center
500 Gold Ave. S.W.
Albuquerque, NM 87102
In all
correspondence to the VA please provide:
The VA claim number
Veteran's social security number
Veteran's complete name
Please be sure to keep us informed of address changes.
National Personnel Records Center
The
National Personnel Records Center (NPRC), located in St. Louis,
is the main center for a military person's records. NPRC has
millions of records. Depending on the branch and years of
service, we will make a request for records to NPRC. If medical
records are available at NPRC, the originals will be sent to us.
No copies are left at NPRC. Any individual can request their
records from NPRC using a standard form (SF 180), which we can
provide to you upon request. However, to reduce the substantial
backlog at NPRC, duplicate requests from VA, individuals, and/or
service organizations should not be made at the same time. If
you receive notification from us that records could not be
located, you may find it more efficient to deal with NPRC
directly
Fire-related case
In
July 1973, a fire broke out at NPRC. The majority of records for
Army and Air Force veterans discharged before 1963 were
destroyed. There are no alternate sources for personnel or other
non-medical records. In the late 1980's, there were Surgeon
General studies discovered that listed names of patients treated
in Army hospitals during World War II and the Korean War. These
records, usually containing only one line of information, can be
requested if you were treated in an Army hospital during one of
the wars. Unfortunately, there remains no alternate sources for
the other burned records.
Reservists
If you are a reservist, you may want to request that your unit
forward a copy of your medical records to this office. If you
are filing a claim for a disability that occurred while you were
on reserve duty, we also need a copy of the paperwork showing
your duty status on the day you were injured. We frequently
experience significant delays in receiving records from reserve
units.
PTSD
PTSD cases often take several months to process. In order to
establish a finding of PTSD, as opposed to other mental
conditions, the event causing the stress disorder (the stressor)
must be identified. Sometimes the stressor is apparent on the
discharge document (for example, a Purple Heart). Often, we must
request personnel and other records from the National Personnel
Records Center. However, while personnel records will show
units, job classifications, etc., they do not show events that
happened. For those records, we must make an additional request
to another records center for information they may have on
particular events. This search is why we need as specific
information as possible on the stressor form that we send
(names, dates, units, etc.). The current backlog at this records
center is several months. This time, added what it takes to get
records from NPRC, is why PTSD cases take longer to pro