Just Want To Share This - Especially For Claimants

[carlie]

Here I sit going thru more VAola and I'm having a hard time

wrapping my head around this one.

When you start wondering why everything seems so screwed up

with VA - I hope you will remember this.

This is just one little correspondence from BVA

that has me livid for now.

dated Feb 26,2005

This is just the cover letter page:

"This is in further reference to the appeal you have filed from our decision

on your claim for benefits.

It is not a decision on the appeal you have initiated.

It is a Supplemental Statement of the Case which contains changes or additions

to the original Statement of the Case sent to you on June 17, 2002 and August 12,2003.

A previous Supplemental Statement of the Case was sent on August 12,2003.

We are giving you a period of 60 days to make any comments you wish

concerning the additional information.

OK now - lets recap this,

It is a SSOC dated Feb 26,2005

the original SOC was sent June 17, 2002

followed by another SSOC Aug 12, 2003

How in the hell are we even supposed to understand what the heck

they have done and respond in 60 days.

BTW, this claim was filed around 1999,

right now it's at BVA - BUT - Remanded to the AMC - BUT Remanded to the RO.

I am drowning in their feces.

carlie

[c&p man]

Here I sit going thru more VAola and I'm having a hard time

wrapping my head around this one.

When you start wondering why everything seems so screwed up

with VA - I hope you will remember this.

This is just one little correspondence from BVA

that has me livid for now.

dated Feb 26,2005

This is just the cover letter page:

"This is in further reference to the appeal you have filed from our decision

on your claim for benefits.

It is not a decision on the appeal you have initiated.

It is a Supplemental Statement of the Case which contains changes or additions

to the original Statement of the Case sent to you on June 17, 2002 and August 12,2003.

A previous Supplemental Statement of the Case was sent on August 12,2003.

We are giving you a period of 60 days to make any comments you wish

concerning the additional information.

OK now - lets recap this,

It is a SSOC dated Feb 26,2005

the original SOC was sent June 17, 2002

followed by another SSOC Aug 12, 2003

How in the hell are we even supposed to understand what the heck

they have done and respond in 60 days.

BTW, this claim was filed around 1999,

right now it's at BVA - BUT - Remanded to the AMC - BUT Remanded to the RO.

I am drowning in their feces.

carlie

sorry to hear that ....but i compain aobut 1 month of wiating bc i ve been screwed by va dr's ..for example i had urince freuency problems for 2 years and my visit last week to my primary dr at the va ...he stated pt urine freq problem resolved...just bc i didnt say anything bc i was focuse on other immedaite problems... resolved if i wouldnt get my mediacal records each time i never get favorable c and p exams....so i am sorry to hear you had to wiat any length of time bc you and me ond other should have to wiat and die before we get benfits we deserve....i recommend everyone pick up ur medical records you would be surprised what they say......sorry venting ...

[vaf]

Carlie, did you file the original claim in 1999, or did you file the appeal with the Board in 1999? For a $50 fee and filing a brief writ of mandamus request which several of us can help you with, you may be able to speed things up. I can send you the template for the writ we filed in April. Although denied as moot, the writ accomplished its goal, which was to force the VA to make a decision (which was why the writ became moot), which we could either accept or appeal to the Court. You can of course seek legal counsel if you then appeal any denial to the Court.

8/1994 - filed appeal to Board

3/2001 - remand to VARO

6/2003 - remanded again to VARO

10/2005 - remanded to AMC

4/2008 - AMC sends appeal back to VARO

4/2008 - We file request for Writ of Mandamus

11/2008 - Writ denied as moot because AMC issues denial recommendation to Board

11/2008 - We file NOD to AMC and Board

We haven't heard anything yet, but have asked for Congressional intervention in getting a decision rendered. If we receive nothing by November 2009, we'll file another writ request.

[Pete53]

((((( Carlie )))))

VAF thanks I think that Mandamus shows VA that you are not a doormat and serious

[carlie]

vaf and Pete53,

The AMC just remanded it to my VARO March 2009.

carlie

[john999]

If you file one new piece of evidence the VA will base their effective date on that evidence and wipe out 10 years of backpay. Ten years for a claim to be rated and appealed all the way is a crime. It took me about 25 years to go from 10% to 30% and another 10 years to go to 70%, and two more years to get IU. One more year to get P&T. 3 more years to get correct ratings on agent orange claims. That is 38 years of dealing with these VA clowns. I have a CUE claim that is about two years old.

[vaf]

Carlie, it's your decision of course, but if you IRIS your VARO and get the usual vague, "we have no idea how long it will take to give you a decison" response, you may want to consider filing a writ request. You've been more than reasonable and patient with this appeal. The writ will force the VA to document to the Court why the delay is not "arbitrary and capricious."

Your supplying a timeline and history of this appeal would be a valuable part of the writ request, showing that you've been subjected to unreasonable delay. You can't get attorney representation for this appeal until it reaches the Court, either, because you filed an initial NOD prior to June 2007. So that would mean that you've exhausted your options under the old system, and therefore seek relief through a writ request.

The Court is loathe to involve itself with a claim, but the benefit to you is that the Court will shine a spotlight on the appeal and monitor its progress, at least until you get a decision that you either accept or appeal to the Court. At least you'd get the matter wrenched out of the hands of your VARO.