SgtStelmo

I know this is an old thread but I would like to add my two cents. Only in the wacky world of the VA can they make a specific form requirement to perfect an appeal. This is the epitome of 'form over substance' which courts outside the VA frown upon. The ultimate object is to have the claim ruled on it's merits, not if you have dotted the I's and crossed the T's.

Broncovet, I read your response and twice you mentioned your 'opponent at law'. The biggest charade in this game is the representation that the proceedings are non-adversarial, until and unless you get to the CAVC. My highest hope is that one day this farce will be reversed and the proceedings become adversarial in nature. For all practical purposes the VA is your opponent and they should arm us with the tools necessary to fight an opponent. I guarantee you that if these VA doctors knew they probably will be cross-examined on their opinions, things would improve. But in order to help up they took away all the helpful tools. Sad really.

Jaydog, I read your response and you mentioned one of my pet peeves. You stated, "I wish I knew how to get a copy of the report". Sadly, and inexplicably, veterans must file a Privacy Act request to obtain this information. Filing a FOIA request will also get you the information. I contend veteran's are treated like second class citizens, because first class citizens can avail themselves to a legal term of art called 'discovery'. (And the irony is that they relaxed the rules under the pretextual guise of helping veterans.) I am fascinated by reading legal decisions, especially precedential decisions. Done this for decades, but only recently regarding VA issues. And I believe from reading countless decisions, that the Judges on the CAVC are of the opinion that veterans get a copy of the exam results. Not sure what gives them this idea because it is rarely true, and then only when requested. If anyone can logically explain why veterans should not be entitled to discovery, I would love to hear that explanation.

I think Berta hit the nail on the head. And in a somewhat analogous situation, one can now also receive military retirement pay and VA disability pay. Not sure off the top of my head when this change occurred, but I am willing to bet a dollar to a donut (this cliché is somewhat old, and inflation has rendered it's original meaning moot) that there are countless veterans who have been in the system for years and are not receiving their full benefit from both. For those (which is almost everyone) who has problems with the VA bureaucracy, just imagine the nightmare in getting the VA to work with DOD to get their benefits reconciled.

I concur that an appeal should be filed on every adverse decision. But let us address the negative side of RAMP. Once you submit your RAMP claim, you have no further opportunity to present evidence. You can appeal but the evidentiary window is closed. I call it the 'propaganda' which makes RAMP sound like the equivalent of the second coming. But I maintain the 'propaganda' is deceptive because it does not detail all you give up to get a speedier decision. I know waiting is rough. But one does get back benefits. So I contend better to stick with the old system until forced into something else.

Hello all, I am considering filing a class action suit with the CAVC early in the new year. At this point my class will be all veterans getting their healthcare within the Bay Pines VA community. That could change, depending on the input I receive from fellow veterans. Let me start by saying I am new to this forum. Earlier I was looking over the categories where questions are placed. Seemingly none of those categories are relevant to my question, which is not necessarily surprising. I completely understand that the vast majority of questions are centered on VA disability, the stated topic for the website. Yet their are other benefits veterans are entitled to, and I maintain that hordes of veterans have 'hadit' attempting to obtain those benefits. Please indulge me while I go off on a tangent. As a general rule, once a litigant has prevailed on the merits of their claim they are entitled to be made whole. Yet that is not the norm within the VA. For instance, once a veteran prevails on their disability claim it should become incumbent upon the VA to make the veteran whole. They certainly do so for the actual disability payments. But they then require the veteran to contact their local health facility to make them whole in regards to any travel and/or co-payment monies due. At it's best, this is nonsensical rubbish. (Yes, I understand the difference between VBA and VHA, but that division is meaningless.) What is astounding is that not one lawyer has pursued this! After all, if they have a contract with the veteran, they are definitely entitled to their percentage on the travel. The co-payments might be a cloudier issue. Regardless, after prevailing why should this burden still fall on the veteran? I maintain the answer to this question is simple, economics. The work involved in the litigation far exceeds the financial rewards. That is the sad reality that veterans were facing for decades. But I suspect the tide is about to change. The seismic event that shall change everything, occurred when the Federal Circuit Court of Appeals issued their Monk decision. Simply stated, the appeals court ruled the CAVC can hear class action litigation. One last observation while I am on my now co-tangent. Since the appellate court issued this opinion, notice how the VA has cut the waiting time for BVA hearings. I know some will suggest this was caused by an infusion of veteran law judges, which certainly is true. But I suggest the VA knows that Professor Wishnie, Esq., and his merry band of law students, are going to win once Monk's now class action is decided on it's merits. So now back to my class action. I get my health care in the Bay Pines VA community where veterans are routinely denied due process on the denial of benefits. At this time, these benefits include Beneficiary Travel, Veterans Choice Program, and co-payment exemptions. In each of these three instances I have been denied due process so I have standing to file the suit. And now I can get that suit certified a class action because I know I am not alone with these problems. Briefly let me go into two of these issues. In the co-payment exemption issue I was sent a letter by the VA telling me of their decision and what I had to do to perfect my appeal. I filed a timely NOD, that for the most part, has been ignored. Certainly no hearing and no order, both egregious constitutional violations. What is the VA response? They claim they are not set up for it, as if that is a valid excuse. Secondly, with the Beneficiary Travel, there is a separate appeals process promulgated in the CFR. These mandatory regulations are just ignored. My goal with this suit will be multi-fold, but I will consider it a success if I get one inexcusable regulation overturned. That is the regulation requiring appeals to be certified to the BVA by the AOJ. The problem with this regulation is simple, it assumes that the AOJ will do their job. At Bay Pines dissent is not tolerated, thus even when a timely NOD is filed, it is just ignored. Shameless despicable behavior! But I grudgingly confess it is behavior they have gotten away with for years. Hope to change that. So now let me get off my soapbox and get to my pertinent question. Has any other veteran been denied a benefit by their VHA hospital (or clinic) that they were denied the right to appeal that adverse decision? Please let me know.

Not sure why you went RAMP but that is water over the dam. I would do a FOIA request to obtain your up to date C-File. That will have the results. This might take longer but with the VA you cannot take chances. While you are doing a FOIA request you might also ask them for any correspondence between any member of the Regional Office with any other person that concerns you and/or your claim. In more cases than not a veteran finds out about his award/increase is from monitoring their checking account. So if you have not gotten an increase that is a good indication you will not. Hope for the best.