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.

[Berta]

Ricky- this gets even worse-

I have been searching my state POA at the BVA web site-to see how many VCAA violations their claimants had.

I have not read all their claims decisions yet for 2007-but I found 2 triple remands and one quadrupule remand in additional to the regular remanded re-dos-for 2007.

The initial filing dates of some BVA claims is startling too as well as the fact that in some cases the BVA doesnt make a decision at all because the veteran expired already and -if they had a surviving spouse-he or she will have to re-open the same claim and start all over again to see if there are any accrued benefits available.

I found a USAF veteran who seemed to go through something like me with my same POA-

she immediately wrote to the BVA when her claim was transferred and stated she had sent an IMO to the RO during the 60 response period before the transfer-which they ignored-

and our mutual rep POA ignored too-boy I wish I knew her then-or she had came to us here- she could have approached the BVA without even waiting for the docket number.

She was already on the BVA docket but got a remand right away telling the RO to consider that IMO.

I reminded Congressman Filner a few weeks ago (Chairs the HCVA)that a remand means that the taxpayers -who already paid salaries of these federal GS 11 and 12 level employees- are paying them again to re-do what they didnt do in the first place.

The IG knows it, the BVA knows, the VA knows it,and many vet orgs have protested this VCAA remand crap,

yet nobody takes their collective thumbs out of their rear ends to fix it.

Edited December 29, 2007 by Berta

[Ricky]

Berta - its a hoot ain't it!!!!! It all comes down to the political influence that controls the VA system. I am afraid that no matter what we say or do it is not going to change anything cause VA management will do anything that is demanded by the political influence due to their desire for power and in turn the power holders within the political arena will protect the power desirers of the VA management regardless of what they do.

Its a true situation of you rub mine and I will rub yours except it ain't backs they are rubbing hahahahahaha.

It is a shame that such violations that you have found are publish for us to see. It is almost as they are rubbing our noses in it cause they know that no matter what is said or done nothing can be done about it.

[timetowinarace]

I'm still of the opinion that before laws change, the current ones need to be enforced. There is no point in fixing laws if the RO's do not follow them.

Like many of us here, my claims took years simply because the RO did not follow the law. Not just one law, at least eight laws. Basic fundumental laws.

All remands are proof of this. It is not shoddy lazy work, mistakes, an overburdened system that is causing this. It is neglect. Violation of our rights. Disrespect and ignorance.

If the lawmakers cannot enforce the laws they make the VA needs to be opened up to the open courts. VARO's and employees need to be sued for civil rights violations.

A local man was denied a drivers licence many times though he had all necissary ID's and documentation. (they were quite rude to him) He could get no one's attention over this untill he went to another county, got his licence to prove eligibility and filed a civil rights lawsuit against the county and the employee. Now he has their attention. Now they say it was a mistake. Now the employee needs a job.

Time

[Pete53]

Time its a simple thing. Don't look at what I say but what I do. Neither Congress, nor the WH has the backbone or desire to really fix the VA. I have been in the system since 1991 and the VARO is still pretty much the same. I do admit that when Principi was Secretary there was some change for the better.

So Republican or Democrat it stays the same.

[timetowinarace]

Timetowinarace:

“If the lawmakers cannot enforce the laws they make the VA needs to be opened up to the open courts.”

I would change your sentence to:

“If the lawmakers won’t enforce the laws they make, they should be replaced with someone who will.”

I like that, consider it done. :D

Time

[john999]

Every American citizen wants to help us vets. Somehow by the time it goes through the congressional sausage grinder we come out with a few hot dogs instead of steak. Where do the billions of dollars go that are supposed to be for us disabled vets?