tdiu Regulatory Or Procedural Review Listed As A New Claim

[ferris7060]

I started my claim one year ago today for TDIU. I thought I'd check EBenefits on this 1 year mark, and what I found was confusing. I've been in the decision phase since Feb 2011, today I had a new claim enetered that said "Regulatory or Procedural Review" opened Aug. 10th. It states that this claim is in Buffalo (my TDIU claim is at Togus). Anyone know what this is all about? Because it says this claim is in development I am nervous that my TDIU claim is not only back in development but also in Buffalo?

[sharon]

It might be a brokered case. Sometimes one RO will send cases to another RO for rating. It is just a numbers game. If it is a brokered case they usually complete them in 30 to 60 days.

[Chuck75]

If you are a Vietnam Veteran, this likely refers to the Review required by the Nehmer court order. Extended review times are easily possible when large amounts of retro may be due.

Quite a few Navy ships have been added to presumptive list in the past few months, many with "Brown Water" service.

[Capt.]

Hello Ferris,

I found this small bit of information from a Feb 2011 note on Dept. of Veterans Affairs "Preliminary Plan for Periodic Review of Existing Regulations"

Department of Veterans Affairs (VA)

Preliminary Plan for Periodic Review of Existing Regulations

I. VA's Executive Summary of its Preliminary Plan and Compliance with Executive

Order (E.O.) 13563, "Improving Regulation and Regulatory Review."

E. O. 13563 emphasizes the importance of maintaining a consistent culture of

retrospective review and analysis throughout the executive branch of Government.

Federal agencies with responsibilities for regulating the activities of state, local, or

tribal governments, or public and private entities often find that before a rule is

tested, it is difficult to be certain of its consequences, including its costs and benefits.

VA is different from those agencies in that VA generally does not regulate the

activities of other entities. VA's mission is to administer benefit programs, provide

health care, and perform mortuary services for America's Veterans. Consequently,

in complying with this executive order, VA's focus is on sustaining an ongoing

method for identifying, updating, or simplifying significant rules that are obsolete,

outdated, confusing, or that place unnecessary burdens on Veterans or their

beneficiaries. VA has engaged in several major regulation rewrite projects in the

past to accomplish those goals and it continues to do so.

Consistent with VA's commitment to public participation in the rulemaking process,

VA is seeking views from the public on any rules that should be amended,

eliminated, updated, or simplified. Members of the public, VA employees, and

Veterans Service Organizations (VSO) serving Veterans often have useful

information and perspectives on the benefits and burdens of existing VA

requirements. They may have suggestions for how regulatory provisions might be

updated, streamlined, revised, or repealed to better achieve VA's regulatory

objectives, while minimizing any regulatory burdens. In short, engaging the public in

an open, transparent process is an important step in VA's review of its existing

regulations.

"In accordance with Executive Order 13536 "Improving Regulation and

Regulatory Review," January 18, 2011, and OMB Guidance

Memorandum M-11-10, February 2, 2011, VA encourages comments on

VA regulations that should be modified, streamlined, expanded or

repealed to make VA regulatory programs more effective or less

burdensome in achieving VA's regulatory objectives. This includes any

regulations that are outmoded, ineffective, insufficient or excessively

burdensome on the public. Use the form below for your comments."

It seems that you may be awaiting some new decisions because your claim may have some evidence or specifically triggers a rule or regulation which is going to need some more time for raters or decision makers in VA looking at your case to have some new rules or regulations to be able to make a decision. It sounds to me to be the typical stalling routine that is letting you have to hurry up and wait.

I see that your claim really is not that old and to get this type of reaction from them is pretty standard for their lack of concern or urgency. It is no wonder why so many claims have clogged the system. It was over 1,100,000 BACKLOGGED claims so this letter you received sounds like they are adding so more dust to your file.

Yes , as Chuck and Sharon have said , you may be part of the Nehmer class , though I see you are Army , and it could be your case is going to other VARO's for development. This does not mean a denial or an award , but can take more time. This is what I believe they are doing to you.

It could also mean that the new additions of Agent Orange presumptives, Parkinsons, IHD, B cell Leukemias or even the ALS decision by VA may be part of it. But noone knows yet.

My claims were sent out to other VAROs and it just was a delaying tactic which of course resulted in a denial so I am well aware of the long wait, being in my claim for nearly 5 years with NO C and P exams and I am in appeals processs.

I would think that the VA has to act one way or the other on your claim but I would not count on Ebenefits to give you a "truthfull" answer. I would take any communication with a grain of salt ,and that includes Ebenefits, IRIS or phone converstations with VARO personnel. I have been thru all of that and now I wait for the official letters . That is what I would do. There is really no one that can speculate what the VA is talking about until you get an Statement of Claim, or VCAA letter. Which brings me to the VA. They must send you a VCAA letter to request what they need from you and what they have. Hopefully you have this or your claim will drag on some more and could pose some issues for the VA with no VCAA letter.

I would encourage you to listen to some others to see what they think on this and to patiently wait for the VA;s next step ....IN WRITING.

I would also consider getting some legal help and start to think about leaving any Veteran Service Organizations. You are dealing with TDIU and a decision which needs some really good Legal advice. It will be well worth the 20 % of the retro a lawyer will charge. It will also allow you to sleep alittle better and not get stressed out with the slow snails pace of the VA.

Above all please remember to NEVER GIVE UP. God Bless. C.C.

[ferris7060]

Hello Ferris,

I found this small bit of information from a Feb 2011 note on Dept. of Veterans Affairs "Preliminary Plan for Periodic Review of Existing Regulations"

Department of Veterans Affairs (VA)

Preliminary Plan for Periodic Review of Existing Regulations

I. VA's Executive Summary of its Preliminary Plan and Compliance with Executive

Order (E.O.) 13563, "Improving Regulation and Regulatory Review."

E. O. 13563 emphasizes the importance of maintaining a consistent culture of

retrospective review and analysis throughout the executive branch of Government.

Federal agencies with responsibilities for regulating the activities of state, local, or

tribal governments, or public and private entities often find that before a rule is

tested, it is difficult to be certain of its consequences, including its costs and benefits.

VA is different from those agencies in that VA generally does not regulate the

activities of other entities. VA's mission is to administer benefit programs, provide

health care, and perform mortuary services for America's Veterans. Consequently,

in complying with this executive order, VA's focus is on sustaining an ongoing

method for identifying, updating, or simplifying significant rules that are obsolete,

outdated, confusing, or that place unnecessary burdens on Veterans or their

beneficiaries. VA has engaged in several major regulation rewrite projects in the

past to accomplish those goals and it continues to do so.

Consistent with VA's commitment to public participation in the rulemaking process,

VA is seeking views from the public on any rules that should be amended,

eliminated, updated, or simplified. Members of the public, VA employees, and

Veterans Service Organizations (VSO) serving Veterans often have useful

information and perspectives on the benefits and burdens of existing VA

requirements. They may have suggestions for how regulatory provisions might be

updated, streamlined, revised, or repealed to better achieve VA's regulatory

objectives, while minimizing any regulatory burdens. In short, engaging the public in

an open, transparent process is an important step in VA's review of its existing

regulations.

"In accordance with Executive Order 13536 "Improving Regulation and

Regulatory Review," January 18, 2011, and OMB Guidance

Memorandum M-11-10, February 2, 2011, VA encourages comments on

VA regulations that should be modified, streamlined, expanded or

repealed to make VA regulatory programs more effective or less

burdensome in achieving VA's regulatory objectives. This includes any

regulations that are outmoded, ineffective, insufficient or excessively

burdensome on the public. Use the form below for your comments."

It seems that you may be awaiting some new decisions because your claim may have some evidence or specifically triggers a rule or regulation which is going to need some more time for raters or decision makers in VA looking at your case to have some new rules or regulations to be able to make a decision. It sounds to me to be the typical stalling routine that is letting you have to hurry up and wait.

I see that your claim really is not that old and to get this type of reaction from them is pretty standard for their lack of concern or urgency. It is no wonder why so many claims have clogged the system. It was over 1,100,000 BACKLOGGED claims so this letter you received sounds like they are adding so more dust to your file.

Yes , as Chuck and Sharon have said , you may be part of the Nehmer class , though I see you are Army , and it could be your case is going to other VARO's for development. This does not mean a denial or an award , but can take more time. This is what I believe they are doing to you.

It could also mean that the new additions of Agent Orange presumptives, Parkinsons, IHD, B cell Leukemias or even the ALS decision by VA may be part of it. But noone knows yet.

My claims were sent out to other VAROs and it just was a delaying tactic which of course resulted in a denial so I am well aware of the long wait, being in my claim for nearly 5 years with NO C and P exams and I am in appeals processs.

I would think that the VA has to act one way or the other on your claim but I would not count on Ebenefits to give you a "truthfull" answer. I would take any communication with a grain of salt ,and that includes Ebenefits, IRIS or phone converstations with VARO personnel. I have been thru all of that and now I wait for the official letters . That is what I would do. There is really no one that can speculate what the VA is talking about until you get an Statement of Claim, or VCAA letter. Which brings me to the VA. They must send you a VCAA letter to request what they need from you and what they have. Hopefully you have this or your claim will drag on some more and could pose some issues for the VA with no VCAA letter.

I would encourage you to listen to some others to see what they think on this and to patiently wait for the VA;s next step ....IN WRITING.

I would also consider getting some legal help and start to think about leaving any Veteran Service Organizations. You are dealing with TDIU and a decision which needs some really good Legal advice. It will be well worth the 20 % of the retro a lawyer will charge. It will also allow you to sleep alittle better and not get stressed out with the slow snails pace of the VA.

Above all please remember to NEVER GIVE UP. God Bless. C.C.

[Berta]

I too am thinking they might have noticed something that would trigger a potential award for one of the new AO presumptives.

Buffalo concerns me- is this where your original TDIU claim was filed?

They (Buffalo) sent my AO claim to Togus and then said it had been lost.

They were supposed to put it on the Nehmer list and didnt.

It then went ( I refiled it) to Phila RO where they have Nehmer co-ordinator (I believe Togus as well has an AO coordinator)

I was thrilled that it left Buffalo.I have dealt with them for much of the last 17 years and even had to NOD my last award letter. It was an award but what they said in it was ridiculous and if a widow in similiar situation who didnt know any better, got this award letter, the widow would have never gotten any proper ancillary benefits.

Whoever prepared this letter made up some new regs. I have never gotten anything from Buffalo yet that was correct from the git go.

You need a good vet rep-one with an office in or near the Buffalo RO.

Have you tried IRIS (the Contact Us email inquiry site at the VA web site)for a more detailed explanation of what is going on?

It does sound like a Nehmer Review- were you ever denied for IHD,Parkinsons or Hairy Cell B Leukemia in the past by the VA? I assume you were incountry-Vietnam.

Edited August 13, 2011 by Berta

[ferris7060]

I am not a Vietnam Vet, so definately not part of Nehmer. My claim started in Togus and just got sent to Buffalo ( I think). This concerns me because I have always delt with Togus, and although they are not always timely, they have been fair in my experiences with them. I have not read the same about Buffalo. I guess we'll see in time. Called the 1-800# and the rep couldn't even figure out what had taken place with my cliam. One page said it was in Togus and in the decision phase, and another said it had been sent to Buffalo and back in development. You never can tell what these guys are doing from one day to the next. Waiting the time would not be so difficult if the organization was upfront about where your claim was and why. It says its back in development, but also says there is nothing they need from me. No mention as to what the claim is missing, and no letter as of yet. I was just wondering what on earth Regulatory or Procedural Review was, Capt.Contaminate was kind enough to find some info on it for me, but I still don't quite know what all that means to my claim. Anyway, my wife has encouraged be to stop wondering about the details and wait patiently for the ever elusive envelope. Can I get a lawyer this late in the process? Or do I have to wait and get one if it is denied?