Going All The Way To Oct.30Th

[stillhere]

Got an Iris answer from the RO yesterday and they still insist that they will do nothing with my claim as far as decision and award/deny until the full 60 day CRA period is over and the new final regs go into effect.

This is really just a bunch of hog was on their part! The FINAL rules are already out there and the congress is out until sometime in November! The RO's should start sending out awards and decisions NOW!

Edited October 14, 2010 by stillhere

[N4XV]

Got an Iris answer from the RO yesterday and they still insist that they will do nothing with my claim as far as decision and award/deny until the full 60 day CRA period is over and the new final regs go into effect.

This is really just a bunch of hog was on their part! The FINAL rules are already out there and the congress is out until sometime in November! The RO's should start sending out awards and decisions NOW!

stillhere, the following is taken from the final regs on the new presumptives:

DATES: Effective Date: This final rule is effective August 31, 2010.

This final rule is a major rule and the implementation of this rule is

subject to the provisions of the Congressional Review Act (CRA). The

CRA provides for a 60-day waiting period before an agency may implement

a major rule to allow Congress the opportunity to review the

regulation. The impact of the CRA will require at least a 60-day delay

between the issuance of the final regulation and when VA can begin

paying benefits.

Applicability Date: This final rule shall apply to claims received

by VA on or after the date of publication of the final rule in the

Federal Register and to claims pending before VA on that date.

Additionally, VA will apply this rule in readjudicating certain

previously denied claims as required by court orders in Nehmer v.

Department of Veterans Affairs, No. CV-86-6161 TEH (N.D. Cal.)

(Nehmer).

This is something the VA is not in a position to change. We are 3/4's of the way through the 60 day delay period now. In another 2 weeks or so the VA can and will start rating the claims that are on hold beginning with the Nehmer class claims. This is a done deal. Beginning in early Nov. a lot of decision letters will go out and probably a lot of direct deposits will be made. Go fishing, read a good novel, and check that to do list. Don't let this eat you up - we are almost there. Hang in brother.

Edited October 14, 2010 by N4XV

[jbasser]

So the folks posting success stories here concerning the regs were not telling the truth?

We need to check that out.

J

[THOMAS89031]

stillhere... What RO are you dealing with?

I agree with N4XV.. 60 days will soon be up......

Got an Iris answer from the RO yesterday and they still insist that they will do nothing with my claim as far as decision and award/deny until the full 60 day CRA period is over and the new final regs go into effect.

This is really just a bunch of hog was on their part! The FINAL rules are already out there and the congress is out until sometime in November! The RO's should start sending out awards and decisions NOW!

[Chuck75]

At this point, I think that some VAROs are trying to get ahead of things. There is nothing I see preventing the whole process to take place, and delay the payment until Nov1.

There also is the "automated" system that could have been used by those who had not already submitted a claim before it was up and running.

Don't feel too bad, my claim is five years old, and I got a "deferred" statement for IHD on an award last month.

It's just another way for the VA to delay, using any excuse they can stretch to fit.

Obviously, some claimants are more favored by the system than others. (Nothing new here)

So the folks posting success stories here concerning the regs were not telling the truth?

We need to check that out.

J

[stillhere]

So the folks posting success stories here concerning the regs were not telling the truth?

We need to check that out.

J

The success stories that came from another site were actually claims that were for heart issues but were not for an award for IHD per se. Although the awards did have a deferred nehmer part to them.

I don't think it was due to telling the truth I think the posters that said they had gotten award letters did not understand fully what the awards were for.

I am as guilty as they are for believing and reposting what they said!

stillhere... What RO are you dealing with?

I agree with N4XV.. 60 days will soon be up......

Roanoke, VA

[Berta]

"So the folks posting success stories here concerning the regs were not telling the truth?

We need to check that out."

John -=I sure don't recall anyone posting a success story under the new AO regs-

and again I need to remind vets here- both John 999 and I contacted NVLSP-who wants to hear from any vet or widow who was denied for IHD in the past (or Parkinson, and Hairy Cell B)

and the lawyer who responded to me stated:

"Dear Ms. Simmons:

Thank you for your email. The National Veterans Legal Services Program will ensure that the VA reviews your case to determine your eligibility for retroactive Agent Orange-related benefits. The VA published its final regulation adding ischemic heart disease, Parkinson’s disease, and B cell leukemias to its list of Agent Orange-related diseases on August 31, 2010. Before benefits can be paid, there is a two month Congressional review period. After the review period, the VA will begin finalizing decisions in cases such as yours regarding entitlement to retroactive Agent Orange-related benefits. As this process may be lengthy, please keep us informed if your contact information changes. Additionally, please let us know when you receive a decision from the VA regarding your eligibility for such benefits.

Sincerely,

National Veterans Legal Services Program"

At first I thought the email said "lengthy" regarding my specific case because I had an unusual FTCA issue-yet I sent them the exact medical evidence they needed and the FTCA issue should really not matter at all.It will help them determine the proper award.

Then John got this exact same email too.

so it concerns me that some vets expect the checks to be in the mail soon after Nov 1.

When the info came out on the regs etc and what evidence the VA would need-I figured many of these awards could be made in a heartbeat and those who have Nehmer retro coming -their claims could take a little longer.

But that all was months ago.

Since then one of the NVLSP lawyers (when I asked him of the VCAA could be waived for any AO claimant with ample evidence-to save time)- said the VA could not waive the VCAA as it would deny these vets their rights.But I dont see those VCAA letters going out to vets on these new presumptives.

I have sent them all of the evidence they need but I dont expect a dime until 2011.

"The impact of the CRA will require at least a 60-day delay

between the issuance of the final regulation and when VA can begin

paying benefits."

"At least" might mean the same thing as "expeditious"to the VA.

A local veteran tried to bully me into saying his IHD comp would be in the mail Nov 1st.I dont have a crystal ball.

Advocates have to be very careful that we don't get sucked into some guaranteed time frame for payment of these AO awards.

I think many will go very fast-dont get me wrong-

but they will depend on VA's definition of fast, not mine.