Got The Big Envelope Fro The Bva But...

[militarynurse]

Claim from 1993...denied at RO apealed denied BVA apealed then eventually in 2006 won remand at Court of Appeals for Veterans Claims back to BVA...denied again at RO in 2008 NOD, no SOC to date, hearing at RO, more comp exams ordered, late 2008 RO sends claim back to the BVA and now in Aug 2009 BVA remands the appeal back to the RO via the Appeals Management Center with order for more comp exams. HUH???

I now have had 2 sets of the same comp exams that were not used at all ostensibly as they were "too old" due to not acted on in time by the VA...what a waste of time and taxpayer's money...and now the VA wants another third set.

Any tips?

[Pete53]

Call them out on that. Tell them to proceed with your claim in a timely manner or you intend to file a Writ of Mandamus and possibly complain to VAOIG and or Congress

[militarynurse]

This is from the "Introduction" of the Aug 2009 BVA decision:

"This case was previously before the Board in August 2000, August 2003, and February 2006. In pertinent part, the Board remanded this case in August 2000 for additional evidentiary development, and again in August 2003 for compliance with new procedural requirements. Thereafter, the Board denied the current appellate claims by a February 2006 decision."

and it continues:

"The Veteran appealed the Board's February 2006 decision to the United States Court of Appeals for Veterans claims (Court). By a February 2008 Order, the Court, pursuant to a joint motion, vacated the Board's decision and remanded the case for compliance with the instructions of the joint motion"

So it went back to the BVA...then back to the RO...then back to the BVA...now back to the RO. All of course

included in standard concluding paragraph the tagline "This claim must be afforded expeditious treatment." !!!

[Testvet]

Pete this sounds like a good case for that Vet lawyer that wants to push that new Court decision on due process do you remember his name? Because this is obviously not "Due Process" a claim that is more than a decade old is just BS but then a few of us have been there haven't we?

[Berta]

Cushman's attorney at the CAVC was Kevin A. Calia of Morrison and Foerster LLP in San Francisco.

I think this case can help many vets if they use it to support any violations of their rights by the VA to their detriment in the claims process.

Maybe it should be referenced in every NOD.

I wonder if this decision is at the regional offices yet in some sort of fast letter or something-

when John Rossie (Blue Water Navy Vietnam Vets Assoc)- brought this up at SVR radio the other night I mentioned if we dont use it-we will lose it-

I sure will if I dont get my proper award letter soon.

[Testvet]

Berta that is the same law firm handling the Edgewood Veterans case, Gordon Erspamer is the lead lawyer for the veterans cases for Morrison and Forrester they have a lot of experience in suing the VA, they are also the ones handling the PTSD case and slow claims handling in the 9th Circuit Court the one that the panel of Judges told them to work out a deal or this week when they meet again neither side would be real happy about their order

Myself I doubt the lawyers and the VA can agree to anything so what the court orders should be interesting I am sure the VA will appeal any award to SCOTUS.........

[john999]

Berta

You know quoting that decision at the top of every claim might be a good idea. Perhaps print it on the outside of every letter to the VA. Lawyers in Florida who are doing insurance claims stamp the law on the envelopes that states the insurance company must make a decision on benefits within X number of days.

TestVet

What ( I hate to ask) is SCOTUS? You know that anything that is a major decision in favor of vets is going to be appealed by the VA. They get to use taxpayor money to appeal cases in favor of vets. I am sure they curse the day they ever accepted the date to make DMII presumptive for AO.

[Shark]

Berta

You know quoting that decision at the top of every claim might be a good idea. Perhaps print it on the outside of every letter to the VA. Lawyers in Florida who are doing insurance claims stamp the law on the envelopes that states the insurance company must make a decision on benefits within X number of days.

TestVet

What ( I hate to ask) is SCOTUS? You know that anything that is a major decision in favor of vets is going to be appealed by the VA. They get to use taxpayor money to appeal cases in favor of vets. I am sure they curse the day they ever accepted the date to make DMII presumptive for AO.

Supreme Court Of The United States

[john999]

Bob

We must be brothers separated at birth. I have a claim dating back to 1973 that was mishandled. I am CUEing it via my lawyer. The VA did not really mishandle it. They rigged it for me to lose. They just excluded all the evidence in the record that supported a higher rating. What did your original claim look like? Mine was two pages, no appeal rights, no discussion, no reasons and basis. Just my in-service medical records and an opinion from a VA doctor that spoke to me once. My doctor's records were excluded. I trusted them to be fair....duh. I did not know really understand this til years later when I got my C-file.

[Commander Bob]

Bob

We must be brothers separated at birth.

We are a band of brothers, John. I still get a little nervous twitch when ever I get ten feet from my C-file... LOL... I am letting a NSO play with my claim for a little bit longer. I must say, he is not the brightest bulb on the lot. However, when I feel better, I'll drop him like a hot potato, and stop messing around with the RO and DRO review requests. etc. and file my own appeal to the BVA. I am looking forward to receiving a "Statement of the Case"...LOL I still have visions of taking my case to the Haig.

[Pete53]

I remember the day that I would not even open a letter from the VA. It never was good news.

Berta you are a gold mine.

Test I think that you and Berta and John are on the right tract and to also mention spoliation in ever NOD might not be a bad idea and also to use all records to make a determination as it seems that VA has slipped in duty to assist to require Veteran to specifically ask for what they want and be limited by the Vets pleadings.

[Testvet]

John yea what Shark said rofl

Edited August 22, 2009 by Testvet (see edit history)

[broncovet]

Yes, I actually got "fast" claim service at the Va..they finally did mine in a little over 7 years. I do have a friend, in group counseling, who also applied in 1973..he is hoping for an answer on his claim "any day".

The VA saying that it takes an average of 6 months to processs a claim is a massive distortion of the truth.

A denial may take only six months..but what use is a denial to a Veterans..it just means he starts and a very long appeal process.

[militarynurse]

The comp exams have been generally favorable to establishing service connection...yet they go unused possibly because too much time has elapsed either by default or design. Ever worse, favorable comp exams have been totally iqnored. I also have a suspicion that ordering and reordering comp exams or misordering the right exams is being done as a punitive measure and/or delaying tactic, sort of like running the clock out in a football game.

[Commander Bob]

The VA is under a great deal of pressure to reduce the claim backlog by the executive and the legislative branches of our gov.,as well as as the VSOs and vets. I agree, it's much faster for the VA to focus on preparing and mailing out denial letters, than to actually take the time to look past the first few pages, and perfect a claim. My present claim is a classic example of a rater never turning the next page past my DD214, and finding my DD215. When I do finally get involved and bring this to their attention, I'll bet you, I'll get one of those fell through the cracks letters.

The President and the congress have been beguiled by the VA. Now we find out about the $24 million in bonuses passed out to VA employees, in 07 & 08. LOL

Edited August 22, 2009 by Commander Bob 92-93 (see edit history)

[Gulfvet]

Claim from 1993...denied at RO apealed denied BVA apealed then eventually in 2006 won remand at Court of Appeals for Veterans Claims back to BVA...denied again at RO in 2008 NOD, no SOC to date, hearing at RO, more comp exams ordered, late 2008 RO sends claim back to the BVA and now in Aug 2009 BVA remands the appeal back to the RO via the Appeals Management Center with order for more comp exams. HUH???

I now have had 2 sets of the same comp exams that were not used at all ostensibly as they were "too old" due to not acted on in time by the VA...what a waste of time and taxpayer's money...and now the VA wants another third set.

Any tips?

When you filed the claim in 1993, did you have c&p exams done at that time?

[militarynurse]

When you filed the claim in 1993, did you have c&p exams done at that time?

I'd have to check the dates, however, I believe I had comp exams in the 1990s where I was examined for conditions related to at least 2 of the unresolved 3 claims that were addressed by the VA physicians.

[militarynurse]

This is from the "Introduction" of the Aug 2009 BVA decision:

"This case was previously before the Board in August 2000, August 2003, and February 2006. In pertinent part, the Board remanded this case in August 2000 for additional evidentiary development, and again in August 2003 for compliance with new procedural requirements. Thereafter, the Board denied the current appellate claims by a February 2006 decision."

and it continues:

"The Veteran appealed the Board's February 2006 decision to the United States Court of Appeals for Veterans claims (Court). By a February 2008 Order, the Court, pursuant to a joint motion, vacated the Board's decision and remanded the case for compliance with the instructions of the joint motion"

So it went back to the BVA...then back to the RO...then back to the BVA...now back to the RO. All of course

included in standard concluding paragraph the tagline "This claim must be afforded expeditious treatment." !!!

Just received a new letter today: "We are writing to let you know that the Appeals Management Center ( AMC ) will be developing additional evidence concerning your appeal, recently remeanded by the Board of Veterans Appeals ( BVA ). The AMC, rather than your local regional office, will be developing your appeal."

Is this switch to the AMC from the RO a good or bad thing?

[LarryJ]

Just received a new letter today: "We are writing to let you know that the Appeals Management Center ( AMC ) will be developing additional evidence concerning your appeal, recently remeanded by the Board of Veterans Appeals ( BVA ). The AMC, rather than your local regional office, will be developing your appeal."

Is this switch to the AMC from the RO a good or bad thing?

Usually, it's a good thing.

It gets it out of the Regional Office, where they made the original decision. It's sometimes hard for the RO to "correct" themselves. It seems that they have invested themselves in the original decision and for the BVA to send THAT decision BACK to the RO for them to either correct it, or rule again in THEIR favor, it's much easier for them to rule in THEIR favor.

just an observation, not backed up by any facts or figures...

[militarynurse]

Usually, it's a good thing.

It gets it out of the Regional Office, where they made the original decision. It's sometimes hard for the RO to "correct" themselves. It seems that they have invested themselves in the original decision and for the BVA to send THAT decision BACK to the RO for them to either correct it, or rule again in THEIR favor, it's much easier for them to rule in THEIR favor.

just an observation, not backed up by any facts or figures...

Thanks for the opinion.

[Pete53]

Good Luck