Jump to content



Search



Shoutbox Open the Shoutbox in a popup
@  artlouis : (27 August 2014 - 11:36 AM) Code 7019
@  vet201060 : (26 August 2014 - 11:41 PM) Damn Post It Notes
@  vet201060 : (26 August 2014 - 11:41 PM) True That
@  Asiadaug : (26 August 2014 - 07:46 PM) I Have Yet To Deal With Any Piece Of Va That Isn't A Dysfunctional Mess...ebenefits, Claim Filing, Billing...and To Think Our Tax Dollars Are Used To Perpetuate That Calamity!
@  carlie : (26 August 2014 - 05:39 PM) notorious kelly - loved your shout ! ! !
@  GlassRose1500 : (26 August 2014 - 03:40 PM) Would Someone Add Smc Housbound Plus Smc A&a Regular And One Smc K For Me? I Can't Seem To Do That Math!
@  Notorious Kelly : (26 August 2014 - 03:12 PM) Ebenefits Is Not A Thermometer In The Rectum Of Your Claim; It Is A Post-It Note That May Or Not Be Updated Or Accurate. Try Not To Obsess ;)
@  mcassidy : (26 August 2014 - 01:25 PM) Osa
@  Jaluluah11B : (26 August 2014 - 10:05 AM) My Reconsideration Finally Showed Up On Ebenefits As A New Claim.  gathering Evidence.  [font=Arial][size=3]Automated 5103 Notice Response Needed. [/size][/font]
@  vet201060 : (26 August 2014 - 10:00 AM) Went From Pending Decision Approval To Review Of Evidence Today, I Need To Stop Looking At It. Drives You Crazy Waiting
@  GlassRose1500 : (25 August 2014 - 09:30 PM) @coriemboh I Get My Best Claim Advice Here, But My Dav Guy Gets The Best Intel Once The Claim Is Filed
@  coriemboh : (25 August 2014 - 08:57 PM) The Average Processing Time Is 9 Months More Or Less. Every Time I Call The 800#, I Get A Different Answer. Goe, Roe....make Up Your Mind!
@  coriemboh : (25 August 2014 - 08:56 PM) I Just Want To Know Ballpark Figure Of How Much Longer My Claim Will Take. The Bills Are Piling Up. Adds To My Anxiety And Depression. Sure Wish I Could Tell Bill Collectors The Same Things Va Tells Me!
@  coriemboh : (25 August 2014 - 08:54 PM) @glassrose1500-No, I Don't. I Put In For Representation A Few Days Ago, But I'm Sure That End Won't Pan Out Until The Claim Is Closed.
@  GlassRose1500 : (25 August 2014 - 12:11 PM) Would Appreciate Feedback On My Smc Draft - Posted In The Smc Section! Tkx!
@  GlassRose1500 : (25 August 2014 - 12:04 PM) @coriemboh - Do You Have A Service Rep You Can Call? They Usually Have More Info...
@  coriemboh : (25 August 2014 - 11:16 AM) Called The 800 # To Check Status Of Claim. Really Frustrated With The Lack Of Information.
@  vet201060 : (25 August 2014 - 10:12 AM) Just Checked Ebenefits And Claim Was Pending Decision Approval And Then Checked Few Minutes After That And Now Prep For Decision. Drives Me Crazy
@  coriemboh : (24 August 2014 - 10:00 PM) Anyone Else Having A Hard Time With Evet Updates? Mine Is Taking Forever!
@  SSG O : (23 August 2014 - 08:03 PM) Love This Site

Photo

Advice On How To Handle Lack Of Response From Ro


This topic has been archived. This means that you cannot reply to this topic.
8 replies to this topic

#1 marathonjon

 
marathonjon

    E-2 Recruit

  • Seaman
  • Pip
  • 4 posts
 

Posted 19 May 2011 - 12:33 AM

I'm in a Catch-22 situation and wonder if anyone has advice on the next step I should take. I filed an appeal to the VA's decision on my disability claim, choosing to go the DRO route. As a veteran living overseas, my case is handled by the Pittsburgh RO. After almost 2 years, I finally got a letter from them stating I needed to get another C&P exam. I made arrangements to get the exam at the air base where I receive my medical treatment, but the catch is that they will do the exam only if they receive the request directly from the VARO. I've sent 5 requests to the RO either by fax or through the IRIS system. They always respond that they'll give my request to the appeal team. Yesterday I got a copy of the original letter stating I needed another C&P exam, but the air base hospital still hasn't received it.

I've searched on this forum for what to do when the RO does not respond to requests and found one post where someone emailed someone in Washington DC and another where someone wrote their Congressional rep, but after 20 years in the military, I have to believe there's a chain of command I can follow. I've searched the VA website, and of course there's nothing about what to do when you have a complaint. Their IG works mostly fraud, waste, and abuse issues. It appears that each RO falls under an area office. Would it do any good to write to them? Or should I write directly to the VBA office in DC? Would appreciate any tips that have worked for others on this issue.

BTW, I don't currently have a VSO rep. I used one back in Texas but he wasn't very helpful. I've lived here in Japan only a short while and haven't found another rep yet.

Thanks!

Advertise Here

 

#2 broncovet

 
broncovet

    E-9 Master Chief Petty Officer

  • Master Chief Petty Officer
  • PipPipPipPipPipPipPipPipPip
  • 3615 posts
 

Posted 20 May 2011 - 04:16 PM

I agree there SHOULD be a chain of command at the RO, but, if there is, it is a carefully gaurded secret. You see, the VA doesnt just let you call a supervisor and "fix things" like in the real world, but that would be nice. If there were such a chain of command easily available, then hadit may not be necessary..you just go up the chain of command, like we did in the military.

Instead, first try an IRIS email. If unsuccessful there, send in a 21-4138. Then, if still no success, file an "Intent to file a writ of mandamus" with your RO. If still nothing then file a Writ of Mandamus with the CAVC. Some suggest this should be done if your claim has not moved in about 18 months.

The manager at your RO will likely have to respond to the Writ of mandamus. This does seem to get things going. I have filed a writ, and, tho the writ was denied by the CAVC (they regurarly are denied), it helped move the RO off their duff to get the claim going. They will sit on your claim for decades if you let them. Dont let them.

#3 broncovet

 
broncovet

    E-9 Master Chief Petty Officer

  • Master Chief Petty Officer
  • PipPipPipPipPipPipPipPipPip
  • 3615 posts
 

Posted 20 May 2011 - 04:20 PM

I think the biggest thing a Writ accomplishes is that it hits the VA where it hurts the most...in the media, since CAVC cases are public knowledge. If you could get 60 minutes to do a blurb on it, it would likely accomplish the same thing. The VA manages by "putting out fires". So you have to build a fire to get them to put it out. Smoke wont work.

#4 marathonjon

 
marathonjon

    E-2 Recruit

  • Seaman
  • Pip
  • 4 posts
 

Posted 20 May 2011 - 06:03 PM

Thanks for the advice! Now I have a gameplan.

#5 Berta

 
Berta

    HadIt.com Elder/SVR Radio Panelist

  • SVR
  • PipPipPipPipPipPipPipPipPipPip
  • 28614 posts
 

Posted 21 May 2011 - 05:53 AM

You can file a complaint on IRIS.

When it asks "Inquiry Type" the pull down box will have "service complaint" you can click on.

Service complaints are documented and they are handled differently then status questions.

This approach worked for me regarding a few issues over the years.

#6 marathonjon

 
marathonjon

    E-2 Recruit

  • Seaman
  • Pip
  • 4 posts
 

Posted 21 May 2011 - 07:06 AM

Thanks Berta, I never noticed the "Complaint" option before. It's worth a try!

#7 broncovet

 
broncovet

    E-9 Master Chief Petty Officer

  • Master Chief Petty Officer
  • PipPipPipPipPipPipPipPipPip
  • 3615 posts
 

Posted 28 May 2011 - 06:29 PM

I think I may have forgotten one possibility. If applicable, you can file a complaint with the VAOIG. (VA Office of Inspector General).
This would generally be for the VA failure to follow regulations.
I filed a VAOIG complaint because, I beleive, my evidence was shredded by the RO.

#8 Pete53

 
Pete53

    Moderator/HadIt.com Elder

  • Moderator
  • PipPipPipPipPipPipPipPipPipPip
  • 21803 posts
 

Posted 28 May 2011 - 06:53 PM

On another thread it was mentioned that House of Veterans Affairs is holding Hearings on poor performing RO's. You could always email those guys they love to call the VA out on the carpet.

#9 marathonjon

 
marathonjon

    E-2 Recruit

  • Seaman
  • Pip
  • 4 posts
 

Posted 28 May 2011 - 07:19 PM

I actually wrote the Chairman and ranking Democratic member of the House Committee on Veterans Affairs about how difficult it was to find the VA chain of command or who to complain to. I will send them another email about the quality of service received from my RO.

I've made a little progress since my last post. I found another VSO rep, and he gave me some good advice. Since I live overseas, all correspondence regarding C&P exams is supposed to go through the US Embassy. I moved from one country to another and notified the VA, but they failed to notify my new embassy. They assure me that they have done so, so I will check with the embassy next week.

Thanks again for all your advice!




Advertise Here