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Steppenwolf

A Law Against "remand"

Question

My appearance before a travel board judge left both, my POA and myself with the impression that for maybe the first time the evidence in my case was heard and would be considered; instead she remanded it back to the BVA. As always with the VA some off the wall crap happened and my records or case or who knows what word to put on it is MIA.

[That fact i'll discuss in a separate post besides this REMAND post because it's one more chapter in the book of unbelievable stories about the VA.]

But here is what i heard from two different sources: a law is either about to be passed or one that has already been proposed to "put an end to this remand BS". One of the people who told me that is a service officer, the other is a congressman's aide. Both said basically the same thing: " a travel board judge has the power to make the decision. Remanding only passes the buck, slows things down, ties things up and puts the decision back into the hands of someone with less authority and who has already denied the claim." And if i am not mistaking invalidates any new evidence so they can hammer more nails into your cross with the " new and material evidence rule "

Has anyone heard about this and or have more specific news about it? Someone needs to propose the law ( bill? ) i would like to know who in our gov is truly an advocate for veterans rights and benefits. There doesn't seem to be many.

Is it easily known how many of our elected officials have served?

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The board remands claims back to the Regional office or the AMC. Thatis the BVA's way of adding time to your claim. They do too many of them.

You can wait for several years to have it corrected.

J

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I havent heard this yet and am very interested-

Congressman Filner and two state Senators have an amendment I proposed to the VCAA. It would Definitely stop the NEED for thousands of remands.

I told them exactly why-

and all one has to do is search at the BVA web site to see what I mean-

VCAA has defied the VCAA in thousands of claims.

Either the vet or widow didnt know exactly what the VCAA letter was supposed to say (and got a generic one)

or they had a lazy vet rep (the reps get a copy of the VCAA for every claimant they have POA on)

and in my case the rep condoned the illegal letter I got and even his Director did.

This defiance of our ultimate Duty to Assist regulation has allowed the VA to put thousands of claims into limbo land-

if the vet does appeal to the BVA and the VCAA was prejudicial to the vet -then as you can see at the BVA web site itself- the claim is remanded due to the VCAA violation-

at that point often the evidence isnt even address because the VCAA letter was so prejudicial.

VA has turned the VCAA into a scam-I told this directly to COngressman Filner myself-by phone-and on the air-

there is no other word for it-

I sure have been griping a lot about the Remand situation-(but not in asking for the type of info you have gotten)-

to Congess and maybe someone listened.

If a vet or widow gets a proper VCAA letter and election notice-they know exactly what the VA says they need to award.

If all vets and widows got them- even a mail clerk with common sense at the VA could make a proper claims decision.

It isnt rocket science to properly adjudicate a claim-the VCAA was supposed to make it easy and timely.

Instead VCAA has been manipulated by the VAs with help from lazy SOs to make sure many vets will die before their claim is resolved.

BVA knows it , The BVA Chairman mentions it in his annual BVA reports to COngress, the H and S VACs know it- and vet reps know it.

VCAA has become the ultimate SCAM to vets and widows and

someone has to demand that the RO's defiance of the VCAA must change.

I am most anxious to hear any more on what you mentioned.

It would be great as long as those shredders are removed from the ROs.

Men and women- you can use the latest fiasco as an issue to raise with VA if they have ignored your evidence.

I am definitely raising this point because my SMC CUE claims were denied solely due to the VA claiming that my husband never filed a Section 1151 claim himself.

The VA said to him that his claim was in the rating board in April and then Oct 14,too over a decade ago- four hours before he died and it was in the copy of my C file I got some years ago.

That tells me when they got my CUE claims-they removed it or destroyed it.I am sending them the latest news in support of the fact that they had this claim from the veteran himself for over ten years in the C file and

they better find it now.

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Most Claims at BVA or either remanded or denied. There are precious few grants without the remand but oftentimes there are instructions to the AMC or the VARO when the claim is remanded.

I have heard nothing about no more remands but although delayed a remand is a good thing cause not many claims are ever granted at CVA.

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you all are right about the AMC... it's just a loading tank for claims to lay inorder for the BVA to stall you claim. Mine has been in there almost 2 years.

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Those remands add potential years to a claim. I had a remand due to an inadequate C&P. It took one year to get another C&P and that one was also a dud. It took another year to get a decent rating plus two more IMO's. Then there was aother year to get TDIU after being unemployed for a year.

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