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How to get your questions answered.

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stillhere

Going All The Way To Oct.30Th

Question

Got an Iris answer from the RO yesterday and they still insist that they will do nothing with my claim as far as decision and award/deny until the full 60 day CRA period is over and the new final regs go into effect.

This is really just a bunch of hog was on their part! The FINAL rules are already out there and the congress is out until sometime in November! The RO's should start sending out awards and decisions NOW!

Edited by stillhere

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Got an Iris answer from the RO yesterday and they still insist that they will do nothing with my claim as far as decision and award/deny until the full 60 day CRA period is over and the new final regs go into effect.

This is really just a bunch of hog was on their part! The FINAL rules are already out there and the congress is out until sometime in November! The RO's should start sending out awards and decisions NOW!

stillhere, the following is taken from the final regs on the new presumptives:

DATES: Effective Date: This final rule is effective August 31, 2010.

This final rule is a major rule and the implementation of this rule is

subject to the provisions of the Congressional Review Act (CRA). The

CRA provides for a 60-day waiting period before an agency may implement

a major rule to allow Congress the opportunity to review the

regulation. The impact of the CRA will require at least a 60-day delay

between the issuance of the final regulation and when VA can begin

paying benefits.

Applicability Date: This final rule shall apply to claims received

by VA on or after the date of publication of the final rule in the

Federal Register and to claims pending before VA on that date.

Additionally, VA will apply this rule in readjudicating certain

previously denied claims as required by court orders in Nehmer v.

Department of Veterans Affairs, No. CV-86-6161 TEH (N.D. Cal.)

(Nehmer).

This is something the VA is not in a position to change. We are 3/4's of the way through the 60 day delay period now. In another 2 weeks or so the VA can and will start rating the claims that are on hold beginning with the Nehmer class claims. This is a done deal. Beginning in early Nov. a lot of decision letters will go out and probably a lot of direct deposits will be made. Go fishing, read a good novel, and check that to do list. Don't let this eat you up - we are almost there. Hang in brother.

Edited by N4XV

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So the folks posting success stories here concerning the regs were not telling the truth?

We need to check that out.

J

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stillhere... What RO are you dealing with?

I agree with N4XV.. 60 days will soon be up......

Got an Iris answer from the RO yesterday and they still insist that they will do nothing with my claim as far as decision and award/deny until the full 60 day CRA period is over and the new final regs go into effect.

This is really just a bunch of hog was on their part! The FINAL rules are already out there and the congress is out until sometime in November! The RO's should start sending out awards and decisions NOW!

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At this point, I think that some VAROs are trying to get ahead of things. There is nothing I see preventing the whole process to take place, and delay the payment until Nov1.

There also is the "automated" system that could have been used by those who had not already submitted a claim before it was up and running.

Don't feel too bad, my claim is five years old, and I got a "deferred" statement for IHD on an award last month.

It's just another way for the VA to delay, using any excuse they can stretch to fit.

Obviously, some claimants are more favored by the system than others. (Nothing new here)

So the folks posting success stories here concerning the regs were not telling the truth?

We need to check that out.

J

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So the folks posting success stories here concerning the regs were not telling the truth?

We need to check that out.

J

The success stories that came from another site were actually claims that were for heart issues but were not for an award for IHD per se. Although the awards did have a deferred nehmer part to them.

I don't think it was due to telling the truth I think the posters that said they had gotten award letters did not understand fully what the awards were for.

I am as guilty as they are for believing and reposting what they said!

stillhere... What RO are you dealing with?

I agree with N4XV.. 60 days will soon be up......

Roanoke, VA

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