30 Days Response Period To

[Berta]

No more 60 days left to respond.

38 CFR 20.302 © has been amended and the regulation has been published.

Ve will apply this rule to all " appeals pending before VA after a period of 90 days from the effective date of this regulation." 73 Fed. Reg at 40,745.

[jbasser]

This is a very inportant change and we need to pin this topic for all of the members to see.

J

[Berta]

Quite some time ago this was in the Federal Register open for public comment. I was only commenter on this reg at that time.

I think it stinks.

I made the point in the Fed Register that often a vet needs to see their rep when they get a SSOC and cannot even get an appointment within 30 days with the Rep.Also I mentioned that if a SSOC reveals that the vet needs more evidence which could be an IMO- most vets cannot get an IMO within 30 days or even be able to know if they need the additional 60 days for that.

You have 60 days in which to submit more info (as I understand the letter I received with a February 9th 2009 decision- but I had only 30 days for SSOC response form in which to elect on the reponse form whether I wanted VA to go ahead or whether I elected they wait for more evidence.

I had to respond to them within 30 days to direct them to my testimony at the H VAC web site and then to re-copy AGAIN and mail for the 54th time- the evidence they have yet to consider because they destroyed it.

The wording on the VA SSOC response letter is deceptive.

It is one more way of denying a claim because a vet could not interpret VAOLA-and this is not any vet's fault- these letters are worded this way.

It almost appears that if you need the 60 days- you have 60 days in which to tell them that-

----not true-

You only have 30 days from receipt of the SSOC letter to tell them if you need 60 days.

If your evidence as been chronically destroyed- many vets have to wait for their disability check on the 1st each month to even begin to try to copy and mail all their stuff again.Not all vets have home PC copiers and PCS and then again we all know how the costly ink and paper runs out when we need it the most.

This new reg is one more ploy to ostensibly "improve efficiency in the appeals process" and to reduce the backlog.

If VA started demanding these VARO people take Reading 101

and stopped rewarding multiple denials with bonuses to RO directors- the new reg could do what they said it should do.

[Pete53]

Funny how the VA can take forever and we get 30 days? Maybe the law should also say the VA has 30 days to make the statement of the case?

[broncovet]

I agree with Pete..there is a double standard. For example, if a Veteran is late on paying his co pays, he is charged interest on the balance. However, if the VA takes ten years to approve a claim, or longer, there is never any interest paid on the money due to the Veteran. If you get a claim approved back to 1978..then you get paid at the rate in 1978..with no interest. You should either get the interest, or be paid at the 2009 rate, to adjust for the inflated dollars. Vets get neither. That is just another reason for the VA to delay the claim..it costs the Veteran, but the VA gains the interest, and lends than money out to others on VA/FHA loans.

If the Veterans groups had any "teeth" the would demand the VA pay Veterans interest on claims delayed beyond 90 days..just like they charge us with copays. That would put a stop to a lot of delays if the VA had to pay interest on the money.