Claims Back Log? Just Look At Vba Decisions

[Ricky]

I just did a search on my VARO to see what the VBA was doing with the claims that had been appealed. It is easy to see why there is a backlog within the system. Plain idiots that is why.

Of the first 6 pages from 2007 that I reviewed ALL of the claims had been remanded reasons were:

failure of the RO to obtain evidence - a majority of these were VA records held by a VAMC which is about 200 yards from the RO and the evidence had been identified by the veteran in previous statements.

missing evidence from the claims file

failure of the RO to obtain C&P exams

failure of the RO to force the VAMC to obtain an adequate C&P exam (the need for an adequate exam was decided by the board and not by the veteran).

failure to conduct the development requested by the board in a previous remand

certifying the claim to the board without scheduling the veteran for an already requested BVA hearing

failure to provide proper due process

etc.....etc....etc....

It is plain sickening to see this. The board even noted on several of these "it is plain to see that this claim has been pending for over a decade which is way to long for a claim". Why oh why does not someone do something about this? My God it is there in black and white. Even when the RO's fail to conduct any oversight the problems are always identified by the board so they DO know that the problems exists at an RO such as this!

I just tried to send an email to Filner and ask him to just take 20 mins and do a search on my VARO so he could see some of the problems but the website told me hey dumbass, you ain't in his district you may want to contact the congress idiot who represents you. Jez, I know that but I want to send it directly to my committe chairman not the idiot who represents my district cause he could care less. I think that if a congress idiot sits on a board then he or she should be accessable to all and not just those in his district. Yes you can send it to the committe but I do not know if that would work. All I am asking for is 20 mins of his time.

[Pete53]

It could be a strategy to defer large payouts to the next Administration.

[Berta]

Ricky-I have been griping to him for months about this-recenty he told me via SVR broadcast that changes would be coming as the HVAC had much legislation to propose regarding the claims process in 2008-

I also have contacted him at:

Congressman Bob Filner

Washington, DC Office:

2428 Rayburn House Office Building

Washington, DC 20515

Phone: (202) 225-8045

Fax: (202) 225-9073

He will be guest at SVR again sometime in January and I assure you I will again be asking him about my amendment to the VCAA.

You probably noticed how many of these remands are specifically due to the DTA rights within the VCAA-

Vets have got to do what I did- when my file went to the BVA-knowing it would add more time only to be remanded for more time- I wrote to the BVA immediately, pointed out my RO violated provisions of the VCAA- as the VCAA letter in my file reveals- sent them an additional IMO too and got it back in a few weeks-

I added to this letter that I am fully aware of my rights under the VCAA and requested immediate remand-

My POA refused to support this BVA remand letter I wrote-

(they wanted my case out of their hair for years)and this was one of the many charges I filed against them with the General COunsel under 14.633 (38 USC)

I told counsel that obviously my request for the POA's support had merit- as I accomplished what I wanted.

Still I feel I am a good example of not only how the ROs are violating the VCAA and causing this backlog but also how service orgs are sitting by allowing this to occur.

The VA knows all about this -=see James Terry's report t the President (he is BVA Chairman)

yet NOTHING is being done about it-

it is not only sickening to me-it is a absolute travesty of justice-

I intend to push this issue harder in 2008-

if they wont amend the VCAA-just re-write the whole damn thing-

Most vets here seem to have gotten legal VCAA letters-

two of my neighbors got legal ones-

I recently got one that was close to being in complaince-on a different claim I have.

MY POA revoked me because I finally-after complaining to them for years- got one of their seasoned reps to read my VCAA letter copy in the POA file on me-

he immediatly said it was illegal and loked for the Election form.

The VCAA response election form was not listed as an enclosure (but it was with the recent letter I got on different claim)

nor ever sent to me-

It is that response letter that is critical for VARO to have signed and returned to them-

We cannot respond to a VCAA response form that we never get.

I was told "respond to them the best way you can" when I questioned this letter in 2003 to my POA-

my response was ignored and the VA said I had not responded with evidence.

There is nothing more important to me( except for Haas-BWNVV)than getting the VCAA fixed-

it is really perfect as it is but ROs are failing to comply with it-

so it means didly sqwat to many vets and widows- as the BVA web site reveals- when after years of getting an illegal VCAA letter-(with POAs on their case who should have questioned and fought the error long ago)they are remanded anyhow back to the RO for a legal VCAA letter as GS 11 and 12 employees are paid again to re-do what they didnt do in the first place.

[Berta]

PS I forgot to add- I get angry over the VCAA-

Please feel free to ask Congressman Filner your questions on this at 1-877-213-4329 when he is at the SVR radio show again- I will let everyone know when he will be on.

[Speaking Out]

Ricky

How did you do that search? I'd like to have that info about my local VARO!

[john999]

Pete

You really have the scoop on the VA mentality. It is always about money with these people and never about doing what is right. It is sickening as Ricky says. Now with the chaos in Afghanistan and nearby courtries the wait will get longer as more troops get sent into the meatgrinder. I wonder if all the new disabled vets wil be sent to the head of the line. What does that mean for us with our appeals?

[Ricky]

Ricky

How did you do that search? I'd like to have that info about my local VARO!

Speaking out - it was simple. At the BVA opinion serarch just simply type in the name of your RO ie - atlanta or nashville. Select the year and it will find all BVA opinions with those words in them. Then just start reading.

You might get a few opinions with ash and trash things in them such as if the nashville RO was listed somewhere in the body of the opinion but the rating was really done at the atlanta RO. Most of the summaries that show up on your screen help you weeds these out but if not when you click on the opinion itself you will see at the top after the case number wording to the effect of this opinion is based upon a decision made by the xxxxxx RO.

It may not be research you could use in a real court (one not like the kangaroo court we have to use) but is sure is hair raising when you read case after case decided by your RO that is remanded for the same idiotic violation of U.S. laws and regulations over and over and over again. Now it would be a different if it were the same reason but only affected a few of their decisions a year. But when it is the same reasons which affects 95 - 99 percent of the appeals from that office year after year that is a different story. Totally amazing it is, totally amazing. This is only a fact to ME based upon my opinion and research.