Questions On "the 90 Day Program"

[daveesl]

I was going through the VA benefits site and found the 90 day pilot program that started in December. While I am not exactly clear on it, it looks like if you file for it, you are saying that all info is now in and you want a decision. It is a pilot program to expedite fully developed claims.

1) I'm considering doing this, as they have all the labs, C&P, nexus letters, scientific research and evidence. Has anyone else done this?

2) If you do this, does it stop you from appealing?

3) Does this mean if you do this you will have a decision in 90 days?

Here is the VBA link, for "fully developed claims"

http://www.vba.va.gov/bln/21/index.htm

[broncovet]

Thanks for this "heads up". Frankly, I doubt that anyone knows anything about this new "program", especially VARO's. I am very skeptical that it will work and your claim will happen in 90 days.

Reason: If they REALLY get claims done in 90 days, then they will be admitting that it is possible, and they know we would expect it all the time. WE Veterans have gotten so accustomed to the 3 D's (Deny, Delay, and discredit the Veteran), that we have lowered our standards..so low that mediocre is the new excellent. Veterans claims could/should be done in days or even hours instead of months. For example, when you file for unemployment you often can get a check in a couple weeks. There is really no reason why VA claims could not be done in a couple weeks, other than the fact we have been made accustomed to this 6 month to 6 year process. (My claim is not yet settled after more than 7 years.)

There is also evidence that even the VARO's 6 month average wait time is false, because at least some of the VARO's have "faked" the dates to make their numbers look better. Here is one link where the New York VARO faked the dates, and destroyed evidence as well:

http://www.vawatchdog.org/08/nf08/nfdec08/nf120508-1.htm

Go ahead and "try" it, if you like, but they have been "trying" to reduce the claim time down for years, when it has actually gone up, and has gotten worse every year since 2003.

[daveesl]

Well, the news report the site lists doesn't seem to exist on the site. What I have been able to figure out, by finding the actual bill is that you must have your claim filed by a VSO (I guess, but the info isn't exactly clear). They then have to certify that all of your stuff is completed.

I'll keep investigating to find out more on this.

[tssnave]

My mind is slipping - I just spent 15 minutes trying to find the link to a great article written by Jim Strickland and the female attorney he has on his website. I don't think I read it on vawatchdog but on Jim's "knol" website only I can't find the actual article. Perhaps a better researcher (or someone with better memory who's also read the article) can find the link for it.

My recollection of the article was that the lawyer thought the 90 day review was a terrible idea because you had to waive a lot of your legal notice rights and that most vets are not in a position to fully understand what their legal rights are to be giving them away. Furthermore, if you are entrusting your claim with a VSO then you better make sure you have a good VSO which is very difficult when you are new to the process. Plus, who you start with may not be who you wind up with - I used the DAV and they kept promoting folks out of their office and I went through several VSOs in 4 years - one great, one good with a bad memory, one who didn't return phone calls, and one who was horrible - not the kind of crap shoot you want to play with your VA claim.

I hope someome will provide the link to the article where the attorney spells it out better than I just did but the bottom line that I took away from it was that you would be giving up too many of your legal rights for the hope of a quick turn around and that puts you, the vet, at a distinct disadvantage in a system that is alreay not working the way it should.

Hope this helps and somebody chimes in with the web link.

TS Snave

[daveesl]

I finally got in touch with someone at the VA, meaning they may or may not know what they were talking about. According to what he said it is geared for a VSO to act as your rep and supposedly the VROs are going to "choose" who can take part in this program.

I think I'll forget about it. I kind of wondered if you gave up rights by doing this, although the legislation doesn't say anything about it, who knows what the regulations say.

Thanks for everyone's input

dave