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    • Buck, Hope the biopsy comes back clean, And good luck if you have the surgery.  Don't put that off (like my Dad), it don't get better with age. Hamslice    
    • I don't think civilians understand VA disability.  They lump it in with SSDI and Insurance disabilities.  Not the same. The VA comp is the difference between when you signed up and when you left service.  They bought you at 100%.  You either retire (or leave) at 100% or they pay the difference. A total guess, but your 40% could be from limited Range of Motion, or even required bed rest. How riding a bike or playing volleyball a investigator could determine your ROM, etc., would be a good read. I would imagine your disability(s) are static, which means permanent (almost, I know, but I say permanent) I wonder how many phone calls the VA gets from civilians questioning a Veteran's compensation? I would not worry, Hamslice    
    • Glad she is your X. Sounds like a WJ1..Whack Job first class. The VA is not stalking you.   J
    • Buck, My prayers are sent your way and wish you the best!!  Thomas
    • I call bs also.  We used to regularly get hadit newbies trying to get information on how to game the system.  They quickly learned no such information was available here; and left just as quickly. It cannot be stressed enough that veterans be completely honest with their claims! It is perfectly legitimate to describe your average, or even your worse day, as opposed to your best day when discussing your condition; but it isn't alright to make up or grossly exaggerate your condition(s).  Once awarded, everyone should read the award letter very carefully!  Cross reference your awarded rating with the rating schedule in order to clearly understand exactly what you were awarded and why.  The degree of occupational and social impairment is critical!  We are not being compensated for our diminished quality of life.  We are being compensated for our diminished capacity to gain and maintain employment at the national poverty level or above. If you are in better medical and/or mental condition than your rating, the VA will get around the discovering that information through regular medical exams and C&P exams.  Until a vet has his/her rating continuously for 20 years, no rating is permanent and total. This is especially true with TDIU and total ratings for mental health. In many cases, it does not matter if you are being paid for what you are doing-the fact that you are capable of doing what you are doing matters. History repeats itself. Several years after the end of our involvement in Vietnam, the American taxpayers became aware of the huge cost of treating and compensating damaged veterans.  They didn't want to pay the bill, so they didn't.  As a consequence, veterans suffered and died alone and silent.  It is estimated that the cost of Iraq/Afghanistan veterans will exceed 5 trillion dollars over their lifetimes.  The taxpayers will not want to pay that bill either; and they won't.  So, once again, veterans will suffer and die, but hopefully not alone and with the internet-not silent.  If the newer generations of vets make enough noise, maybe those taxpayers can be shamed into honoring their obligations,  I wouldn't bet the farm on it.  





halos2

Expeditious Manner-how Does One Equate The Timeline Here?

9 posts in this topic

Just how long do they wait?

How long have vets here waited for a decision once remanded back to VARO?

What decisions were made here: favorable ot not?

What geographical locations were these made in?

Wonder how many have died waiting too?

Ponder these and answer if you are able to. Thanks ;)

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Just how long do they wait?

How long have vets here waited for a decision once remanded back to VARO?

What decisions were made here: favorable ot not?

What geographical locations were these made in?

Wonder how many have died waiting too?

Ponder these and answer if you are able to. Thanks ;)

Expeditious ~ ~ ha~ha~ha . . . lol~ it just puts us into another line.

I am referring to Florida.

carlie

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warms.vba.va.gov/admin21/m21_1/mr/part1/ch05/ch05_secg.doc

Remanded Appeals

Introduction This topic contains information on remanded appeals, including

· the definition of a remanded appeal, and

· the expeditious processing of remanded appeals

· who is responsible for timely processing, and

· processing the remanded appeal.

Change Date August 4, 2009

a. Definition: Remanded Appeal A remanded appeal is an appeal that has been returned by BVA to the RO for

· development of additional evidence

· due process, or

· reconsideration of issues.

Remanded appeals are among the oldest cases and must be worked on a priority basis.

b. Expeditious Processing of Remanded Appeals Public Law (PL) 103-446, Veterans Benefits Improvement Act of 1994, mandates that remanded appeals be given special attention and expeditious processing.

c. Who is Responsible for Timely Processing</H5>The VACOLS coordinator and Veterans Service Center (VSC) management are responsible for close control and timely processing of BVA remanded appeals.

Continued on next page 34. Remanded Appeals, Continued

d. Processing the Remanded Appeal Upon receipt of a BVA remanded appeal the

· mailroom stamps the top of the document to show the date received

· claims folder is delivered to the Decision Review Officer (DRO), Veterans Service Center Manager (VSCM), or his/her designee on the same day, and

· DRO, VSCM, or his/her designee ensures that

- the top document shows the date received

- review and development of the remand are initiated within 15 days from the date of receipt, and

- VACOLS is updated within seven days. Note: Use of end product (EP)170 to control the remand is optional.)

Upon receipt of the requested evidence or after a reasonable effort to obtain evidence, the DRO or designee

· prepares a new decision or supplemental statement of the case (SSOC), and

· returns the case to BVA after expiration of the 30-day response period.

Edited by pete992

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Ok. You saw the regulation posted defining "expeditious". Now, I will "unspin" that defination:

Expiditious: def. With a 1,000,000 claim backlog this means your claim will be placed QUICKLY on the hamster wheel, going nowhere as fast as possible, being passed from the VARO (bounced back and forth between the AOJ and any farmed out Regional offices) , to the DRO, to the AMC, and to the BVA, round and round she goes, where she stops nobody knows.

In exceptional cases, the hamster wheel will add the CAVC to the "appeals team hamster wheel", and maybe the Federal courts also. Add in any possible "Writs of Mandamus" plus doses of shredded evidence, and "expeditious treatment" means however long the VA wants but usually in the 5-10 year range to get it finally settled.

I have waited 8 years, and am still waiting.

Edited by broncovet

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The VA says things it does not mean. How can expedite means months even years?

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Pete992,broncovet, and Pete53, Isn't this as ridicoulous as all the other protocols they adopt to use too. This is a modern day, one of age, where trying to correct the wrong paths of the past, and rectify the wrongdoing of veterans... I am all for this but what needs to be done is health status order then go to date order...come on us oldies can't last forever...waiting for the game to start/stop!

There are so many of us, I wish there was some way to ban together to put an end to the injustices we receive. A peaceful resolution to treat us with dignity, humility, and fairness. Seems as though the more valid information/documentation we provide, the more they try to sabotage us with them not following their guidelines, almost to the point of thinking we are ?smart asses? because we have a little knowledge of the regulatory processes. JMHO, it seems when we follow the regs, they stonewall our claims, "like who do you think you are?" We will show you!

It is very difficult to have tried to live a rightous life, be fair to our fellow man/women, and constintently live by the laws, and be slapped in the face with every turn the VA can use to deny, degrade, discourage, disolution us as people. Take a number, if we want we will wait on you, if not just sit and wait, and shut your mouth, you have no voice here! I AM BIG BROTHER...it only goes my way, don't like it? Take the highway route out.

They need to say, take the claim back, and some year, maybe, we will look at it...expedite? Hell no! Go home and wait and pray you live long enough to get a favorable reply. That is, if we want to!

Edited by halos2

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