120-Day Limit As A Claim-Processing Rule

[autumn]

09-1036 Henderson v. Shinseki (03/01/2011)

is this an actual ruling that went into effect?

its close to a year now still waiting on VARO to rate MS secondary conditions.

hasn't done much good to prod PVA about this or a congressman's office. VARO here walks to their own drum so to speak.

anyways, could someone let me know if this 120-day thing is real or not.

tia

[autumn]

Autum

There are time limits the Veteran must meet, but the VA can take 10 or more years to decide your claim. There are no limits for the VA. If you think your claim is "stuck", that is, if it has been 18 months or more and your claim has not moved, you can file a "writ of mandamus" or you can try just sending an IRIS and asking the status.

While I agree with you that there should be a time limit, there are no time limits. If any of these congress critters had a backbone they would pass a law that required the VA to complete a Veterans claim in a reasonable period of time. The VA "milks" this to the max. When I filed my claim, one of the other Vets told me his claim was 5 years old. I did not believe him. Now, I know he was right.

i went to the iris.va.gov site then to ebenefits. i guess it is at phase #2 since 12/2010. for any correspondence with PVA it shows status #4 (closed)

[Berta]

"i don't understand that if Sec Shinseki is head of the VA why his procedures get "snafued"? who snafues them, VA or Congress?"

VA does it all by themselves.

Some procedures are always followed through-then some are sometimes and it is the 'sometimes' that leaves many claimants out in the cold.

I cold write a book on this subject however-

" does writing a Congress person help to get these procedures in place or is the varo types going to continue to be like a criminal org? " You can write a complaint or possibly submit written testimony to the H VAC committee- Subcommitee on Disability and Memorials. Watch their schedules for hearings on VA stuff like this.

It might not get anything done any better but it testifies to the mess the VA continually is in.

My biggest problem with VA is I think they employ illiterates or people who simply don't care enough about anything because they are just putting in time awaiting their federal retirement.

Reps are often the same. I read a BVA case today that was all messed up.

The rep had failed to do something he should have done. I am 99% sure I know the exact rep.

He retired the same year this claim began in.

[autumn]

"i don't understand that if Sec Shinseki is head of the VA why his procedures get "snafued"? who snafues them, VA or Congress?"

VA does it all by themselves.

Some procedures are always followed through-then some are sometimes and it is the 'sometimes' that leaves many claimants out in the cold.

I cold write a book on this subject however-

" does writing a Congress person help to get these procedures in place or is the varo types going to continue to be like a criminal org? " You can write a complaint or possibly submit written testimony to the H VAC committee- Subcommitee on Disability and Memorials. Watch their schedules for hearings on VA stuff like this.

It might not get anything done any better but it testifies to the mess the VA continually is in.

My biggest problem with VA is I think they employ illiterates or people who simply don't care enough about anything because they are just putting in time awaiting their federal retirement.

Reps are often the same. I read a BVA case today that was all messed up.

The rep had failed to do something he should have done. I am 99% sure I know the exact rep.

He retired the same year this claim began in.

i will write them and my congressman who supposedly is helping with why it is taking so long for secondary rating. the writing will help ease some anxiety within me and will be another brick to helping others (maybe)

i often see the illiterates as you do. and boy can they be adversarial. that is why i use the phrase "criminal org" loosely with some humor.

these reps you speak of, i know there are some good ones but really -- what can they do but send a few letters and then wait? VA won't even listen to Shenski, so what good is a rep unless they have inside people, which some do. in my case my rep is out of state cuz this states rep wasn't in my corner.

thanks