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Bva 2011 Fiscal Report

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Berta

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I always feel this annual report from BVA Chairman Terry gives us a good idea of the workings of the BVA :

http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2011AR.pdf

"Further, for purposes of reducing remands based on new

evidence submitted directly to the Board, the Board has a process in place to solicit a waiver

of initial Agency of Original Jurisdiction (AOJ) review of such submissions. By soliciting

waivers in those cases where an Appellant or representative submits evidence without a

waiver, the Board can in many cases avoid unnecessary remands."

This would be a GREAT idea!

Other proposals are

Page 6

"In conjunction with the Fiscal Year 2011 budget request, the Secretary submitted the following

legislative proposals, all of which are aimed at improving timeliness in the processing of

Veterans’ benefits appeals: (1) reduce the time period for initiating an appeal from one year

to 180 days; (2) allow, through an automatic waiver, the Board to consider in the first instance

evidence submitted by a claimant after a substantive appeal has been filed, rather than having to

remand the case back to the agency of original jurisdiction for consideration of that evidence;

(3) allow the Board more flexibility in scheduling video conference hearings in order to reduce

the wait time for Veterans and to minimize travel time and expenses related to conducting

in person travel board hearings; and, (4) amend the statute to make it clear that the filing of a

substantive appeal within 60 days from the date of the mailing of the statement of the case is

a requirement for Board jurisdiction over an appeal. Collectively, these proposals will result

in improved timeliness and efficiency of VA’s adjudication of claims and appeals both at the

Regional Office level and at the Board level.

Page 8

The BVA stats are always in these reports and also how well the POAs and lawyers are do

ing as to Allowed claims , remanded claims and denied claim

Unrepresented BVA claims in fiscal 2011 had 22.7 % of their claims allowed,38.4% remanded,

and 36 % were denied.

Page 22

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Interesting report ... but I always suspect that reports like these are created to put the va in a better light ..so I don't put much faith in them....

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I do not like the proposal to reduce the appeal time from a year to six months...this will NOT benefit Veterans! Instead, more Vets claims will be denied, not because the Veteran did not deserve the benefit, but because he did not appeal within the required time limit. Veterans who submit their NOD beyond the time limit are regurarly denied regardless of how much or how little the Veteran may deserve his benefits.

This proposal "speeds up" our appeals by denying more Veterans who can not/did not appeal in the 6-12 month period. Shinseki wants this.

I think the opposite should occur. Why is it the VA has no time limits, but the Veteran faces strict time limits? Is this what they mean with a "non adversarial system" ?

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Remember, they're self-policing. When no one will hold you accountable but yourself, you can get away with anything you want. Providing reports to Congress is one thing. Having someone else audit your processes and make them public is another.

Limbo is status quo for the VARO.

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