Refile the PTSD claim and appeal the dismissal - in writing
Hi Jim,
After waiting for 2 years for my husbands PTSD claim to be decided, we got a letter yesterday saying that it was "withdrawn" per our request.
We would never do such a thing, that's crazy! What we DID do is withdraw a dependency claim as we had separated but got back together. We called the 800 number and spoke with the rep who said that she had changed it and reopened the claim.
Do you have any idea if we can rely on this information and if there is anything else we can do to fix there error before we lose any chance of appealing (even though it was not denied, it was withdrawn). The dependency claim is still on the open claims on ebenefits. Thank you for any help you can provide.
Reply:
I believe that in the rush to close claims, VA is making many errors like this. The recent push to close all those claims that are aged over two years has caused many claims to be pushed through in error. Mistakes are being made that will only have to be corrected in the years ahead.
I'm concerned that you're relying on the notoriously unreliable eBenefits site along with the toll free number. Neither of these services can be trusted to give you timely or accurate data. My email inbox is filled every day with messages from veterans who tell me of the misinformation that comes to them through these VA services.
This recent blitz to close existing claims will soon begin to show a ripple effect we all know is coming. It may not be as much a ripple as it will be a tsunami of appeals that are similar to yours and then those that are much more complex.
VBA is playing a numbers game that will require passage of 2 or 3 years time to show all the harm that is occurring by mistakes like that which happened to you.
Once you and tens of thousands of other veterans get letters or otherwise discover the mistakes made on your claims, you'll begin to appeal and VBA will be right back where it started...only this time it will bog down in the enormously complex appeals process.
If I were in your shoes, I'd refile the PTSD claim and appeal the dismissal. I'd do it properly, in writing this time. I'd make a clear statement in my letter about when the claim was first filed and I'd also make it clear that I hadn't voluntarily withdrawn the claim. This letter should be delivered by certified mail, RRR.
Although that may seem like overkill or unnecessary work for you, the certified letter provides you with a paper trail. I believe you may be beginning to see how valuable that can be.