Article At Va Watchdog

[Berta]

http://vawatchdog.org/07/nf07/nfMAY07/nf050307-1.htm

The writer leaves his email addy in this post -

He has some interesting statistics but still this article fails -in the section on the VCAA-

to state that these steps are simply not being taken on every claim the ROs receive.

This is established VA case law- as I called it here the Ultimate Duty to Assist-the VCAA-of 2000, and the VA defys it continually.

[john999]

Berta

Isn't there anyone in the higher levels of the DAV or VFW that is raising hell about the violations of the VCAA? This is what these guys get paid to do for vets. In fact, I think they are spending their time trying to defeat the "lawyers for vets" law. You go on the DAV website and you will see that their legislative agenda is all about defending their turf against the lawyers while letting vets sink.

[Berta]

You bet they are!- Paul Morin of the American Legion, and many other vet orgs have been giving testimony to the Vets Affair committe on this.

Even the BVA knows exactly what is going on- yet it continues to occur-

It looks to me after researching this at the BVA that every vet org has a few VCAA violation remands that slip by them-

often the veteran has obtained significant evidence that makes the violation a moot point.

In my case I knew enough to get a IMO but then again I had no idea what the VA wanted me to get.

(this is why I got that fast remand in weeks-VCAA violation-I tolf the BVA I know my rights and they immediately remanded me- but what about the thousands that sit there now and will get remanded in years-)

Then I found a BVA remand that told the RO to tell the widow-in a legal VCAA letter-to obtain an IMO herself. So in essense I mitigated the damages-

meaning the violation is moot for me IF THE VA ever reads my evidence.

John- a problem is that vet orgs are very concerned about these VCAA violations- the BVA knows they are a big part of the remand- but still nothing is done to correct this.

I asked my rep in email-I think he just returned an answer to me-

what is their policy at NYSDVA when the vet rep receives copy of an illegal VCAA letter-

I was not a claimant for 6 years and when I filed a new claim-I had no idea what a VCAA letter was.

I told my rep that what I received IMPORTANT NOTICE-blah blah was generic and didnt make sense and he said to respond to what they wanted but there was no direction in the letter for that-

I responded and again listed the evidence they had failed to address.

What was lacking also was the Election form-also-and he knew it -

and this is what would have triggered the VA to read my evidence.

I never got one and never saw what one was until last year when Jangrin posted one.

There has been alot of griping and testimony about this by vet orgs and even state vet orgs are quite specifc in describing what these letters should contain.

But there hasnt been any strong griping from any claimant I know of-except me-

to show the claimant's point of view when their claim is denied

without Due Process and the legal VCAA letter and election form.

But they are hearing it from me now.

I mitigated my VCAA damages- with my evidence-

that still doesnt get my reps off the hook-

I wonder how many claims they are stilling on-knowing the VCAA letter was wrong and the vet did not get the important election notice---

and what do they care-they get paid whether they help the vet or not-

Edited May 3, 2007 by Berta

[tssnave]

I think that part of the overall problem is that they are putting "Top Priority" on Iraq and Afganistan vets. This masks the true processing time for all veterans because it segregates us into categories and those of us who didn't serve in Iraq and Afganistan don't seem to have any political clout of public sympathy and our claims languish for literally years before getting decided.

ts

[Pete53]

Its the same old story just another verse. I filed my first claim in June of 1991 but the fact is its still open even as I sit here.

[jbasser]

I sure do agree, It does not matter how much iron clad evidence you have it the VBA does not look at it, Especially evidence listed in service records. I had been ignored since 1994/ It also sits there. Eventually we all may have to get attorneys to push the claims over the hump.

[john999]

The politicians want to put a bandaide on a cancer. Just fix up Walter Reed and everything is OK. 60 years of neglect of veterans and it is the same old, same old. I know the public is concerned now, but how long will it last.