Dav, Keep'em Or Fire'em?

[Domepeace]

All,

I have a claim pending in D.C. (BVA). This claim has been ongoing since 2004. I call D.C. to ask what the hold-up is and they tell me that my file is with DAV in D.C. and BVA is waiting on DAV to review it and send it back to them for a rating decision.

I call DAV in D.C. and they tell me they are back-logged and it will take about nine months for them to get to my file. I'm wondering should I fire DAV and have my case decide ASAP? Mind you, when I looked at my c-file, DAV pretty much regurgitated what I had researched and written in my statement. It appears that DAV is not really adding to my case.

I'm not sure if I can even fire DAV and get them to send my file back to the BVA. This whole situation was brought on because I also have two cases at my RO; in which they said via letter that they do not have access to my file because it is stuck in D.C. They also said I would have to wait until my claim in D.C. is finished before they can proceed on my RO cases. Any comments would be appreciated.

Thanks,

Domepeace

[john999]

If what you say is true I would fire the DAV Monday morning, and request in strongest terms for them to send your file to the BVA to be rated ASAP. Your claim is already almost 5 years old. If you get denied hire a lawyer. I take it you are not having a personal hearing at the BVA. This would be better if you did have a hearing instead of them just rating a pile of paperwork. You probably should have at least had a personal hearing with a traveling board.

[Domepeace]

john999,

Thanks for the reply. My DAV rep never advised me of a personal hearing (I'm not sure if they are supposed to). Just all the reason to get rid of DAV. I'm going to do some research on a personal hearing since I don't know the pro's or con's about it.

Thanks again,

Domepeace

[pacmanx1]

For your new issues have you tried to file for financial hardship? In my situation I was in the same boat. I had five issues on appeal and opened four in 2006 and filed for financial hardship. In 2007 I was denied one new issue and the rest were deferred. I then filed reconsideration in 2007 and was partially awarded in 2008. I was then awarded my final increase to 100% in 2009. VA is now working on my appeal issues and added an issue for me so now I have six issues on appeal. In the mean time I did receive retro in 2006 and 2008 which helped a little but 2009 was a lot better. So I would try to ask for a financial hardship, of course VA can do what they want to do but it finally worked out for me. Good luck and best wishes. I did not fire my service rep. I just started doing the research and submitting my claims on my own and making sure I mailed it return signature to have proof the VA received it.

Edited June 14, 2009 by pacmanx1

[carlie]

Domepeace,

I believe there's a reg at the BVA level where we can't change representation

in any way once our claim at BVA has been assigned a docket number.

Also, I don't think discharging representation (if you could) would be much help in

getting your claim at the BVA level decided any faster.

Have you requested a hearing with a BVA judge yet ?

If not that would be about another 2 or so,years out to get that.

It was almost 3 years from when I requested an in-person hearing with a

BVA Law Judge, until the actual Hearing took place.

If I am incorrect in this information - someone will chime in, I hope.

carlie

[Stretch]

I went to my NSO, about three years ago, and I asked the NSO about how long it would take for my claims to be finished. We looked at the pile of files that were almost stacked to the roof, in his tiny office above the court house. He told me my claims would take at lease 10 years from that point. My claims were going to the BVA at that time.

I had already been in the system for 5 years at that point (2006). I decided to go with Hadit, and actual reports from the VAMC.

Working my own claims took only 2 year from that point of brief contact with the NSO. I had fired the DAV in April 2005.

[Stretch]

Here is a copy of the fax I sent to the DAV in April 2005.