Length Of Time In Board

[pdandrea]

I am familiar with the "hurry up and wait " and " they are trying to denying claims", but I have a claim that has been in for over a year and have had all the documents and been in rating since Feb. 10. The Regional Office DAV branch, claims they have a good record and rarely do claims exceed a year with rating boards turning over their cases in a month.

These really aren't too difficult as far as some people out there not having service documentation, the dots are connected really close on these claims from service connection to becoming more severe. So what is the problem? and please if you are going to say "no news is good news" let me know why.

and if this helps seeking aid and attendance/ SMC.

[Pete53]

I went through it and waiting can drive you insane. Perhaps a gentle nudge might help. I suggest that you notify the VARO that it has been a long time and that unless you get an explanation for the delay that you are putting them on notice that you plan to file a Writ of Mandamus very soon. I believe that Alex Humpfrey would tell then within 30 days.

If you do this it actually puts a Writ in better shape if you intend to do it.

The only thing else is if you are fortunate enough to live in a Congressional District that has a Veterans Advocate in Congress you can consider the Congressional Route.

Good Luck

[sharon]

I went through it and waiting can drive you insane. Perhaps a gentle nudge might help. I suggest that you notify the VARO that it has been a long time and that unless you get an explanation for the delay that you are putting them on notice that you plan to file a Writ of Mandamus very soon. I believe that Alex Humpfrey would tell then within 30 days.

If you do this it actually puts a Writ in better shape if you intend to do it.

The only thing else is if you are fortunate enough to live in a Congressional District that has a Veterans Advocate in Congress you can consider the Congressional Route.

Good Luck

A writ of mandamus or simply mandamus, which means "we command" in Latin, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly".^[1]

Mandamus is a judicial remedy which is in the form of an order from a superior court to any government, subordinate court, corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty.^[2] It cannot be issued to compel an authority to do something against statutory provision.

Mandamus may be a command to do an administrative action or not to take a particular action, and it is supplemented by legal rights. It must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggrieved only when he is denied a legal right by someone who has a legal duty to do something and abstains from doing it.

I had to look it up, so I posted it for anyone else who didn't know what it was.

[cowgirl]

I believe Meddac or poolguy could help and chime in here. My claim for increase was supposedly rated last month or so, but just got 'promulgated' and rating letter released few weeks back. I hope that the intensifying seriousness of your claimm is given a heavier weight. For instance when the claim was put in to add my dependents, it was considered a 'non-rated' claim. So I would hope your claim for 'aid&attendance', is given a heavier weight considering. Sure hope it is in good hands and near the top of the stack.

Best to ya,

Cowgirl'up2009!

I am familiar with the "hurry up and wait " and " they are trying to denying claims", but I have a claim that has been in for over a year and have had all the documents and been in rating since Feb. 10. The Regional Office DAV branch, claims they have a good record and rarely do claims exceed a year with rating boards turning over their cases in a month.

These really aren't too difficult as far as some people out there not having service documentation, the dots are connected really close on these claims from service connection to becoming more severe. So what is the problem? and please if you are going to say "no news is good news" let me know why.

and if this helps seeking aid and attendance/ SMC.

Edited March 25, 2009 by cowgirl

[Pete53]

The VA when pushed by a Writ of Mandamus usually caves and gives a decision just as the Judge is about to rule.

If you file for a Writ the Judge will give the VA 30 days to respond. There is a long history of VA asking for extensions till the plantif says no. Than a decision as the VA likes to tell people that it has never lost to a Writ of Mandamus.

Just remember all the Judge will do is to tell the VA to do their job and give you a Decision if it comes to that but move it will. I doubt that the VA is willing to stand up to a Judge and tell them that they are to busy to make a decision on a Claim that old. All the Veteran has to do is to quote the VA BS about how quickly they do it for most Veterans.

[allan]

Often, VARO's will just low ball or deny without much of an explanation. They know you'll NOD & this will delay payment decision another year or two.

If your claim went to rating(ready to wait status) it can easily take one to two years before you receive a SOC. The easiest ones, with all the ducks in a row get delayed, low-balled & denied just like the rest.

Put little faith in what the VARO's "DAV" officer tells you. Most work for the DAV.

I wouldn't file a "WRIT" until your claim has been idle for 16 months without a decision.

A writ will get the claim moving, but will generally result in a speedy denial.

Hopefully your claim will get processed without needless delay. But you should understand this is not the norm & plan for the worst.

Not trying to rain on your parade. It's just reality when it comes to DVA dirty tricks.

[john999]

All the VA has to do delay your claim is to deny your claim, and force you to go to the DRO, and then on to the BVA if they want to play hardball. That will take a good three years right there. My CUE took 18 months to finally get to a DRO who denied it, and now it is going to the BVA which will take at least two years for a hearing with my lawyer. I have waited 37 years for justice so if I wait another two or three years so what ( if I live that long). The biggest weapon the VA has is dragging their feet in hopes the vet will die. The same with DIC. If they can drag it out long enough the spouse may die, especially if the spouse is elderly. It is the same with A&A for a surviving spouse who is in a nursing home. The VA just drags the award out and the spouse dies. They want us to die so they don't have to take care of us. Keep it in mind when you let the VA operate on you. They kill us with delays and negligence.