I spotted this in the VBM this morning before my journey to the land of vAMC. We have several vets from the Cleveland area, one of whom has incontrovertible proof of the shrinking C-file phenomenon. That would be our Joe Average Vet who regularly contributes here. Keep an eye out in the regulations for the appearance of said §3.218 as you will only have 365 sunsets in which to file and take advantage of the offer. This thing is going to evaporate faster than an ice cube on the road in Atlanta in July.

12.5.7  Special Procedures Related to Documents Missing from VA Claims Files

As the result of a 2008 audit of selected RO mail processing procedures, it was found that claims-related documents (including applications for compensation/pension, informal claims, and other claims-related documents), were improperly designated for destruction by shredding. As a result of this audit, which identified a document-shredding problem affecting numerous ROs, VA proposed to establish temporary claims-handling procedures for affected claims, for the period from April 14, 2007, through October 14, 2008.239

The VA proposed regulations adding a new section of 38 C.F.R., section § 3.218, providing for procedures by which a claimant who believes that his or her claims-related documents were improperly shredded, can request that his or her claim be considered under this special procedure, and submit the evidence/submission allegedly submitted earlier. The effective date for any alleged submission (that was not found in the claims file and hence was possibly destroyed), would be the date asserted by the claimant as the date on which the Secretary received the claim. The time period under which a claimant can request consideration under this procedure will be one year from the effective date of the regulation.240 However, as of the date of publication of the 2011 edition of this Manual, this regulation has not yet been issued in final form.


239. 74 Fed. Reg. 58,232 (Nov. 12, 2009) (Proposed Rule).

240. 74 Fed. Reg. at 58,233-58,234 (proposed 38 C.F.R. § 3.218).

About asknod

VA claims blogger
This entry was posted in SHREDDERGATE, Veterans Law and tagged , , , , , , , . Bookmark the permalink.

1 Response to 38CFR §3.218=SHREDDERGATE

  1. Randy says:

    I was using VA during that time period but not sure what records could be missing.

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