Advice On How To Handle Lack Of Response From Ro
Posted 19 May 2011 - 12:33 AM
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.
Posted 20 May 2011 - 04:16 PM
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.
Posted 20 May 2011 - 04:20 PM
Posted 21 May 2011 - 05:53 AM
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.
Posted 21 May 2011 - 07:06 AM
Posted 28 May 2011 - 06:29 PM
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.
Posted 28 May 2011 - 06:53 PM
Posted 28 May 2011 - 07:19 PM
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!