Back To Review Of Evidence?

[joeyjoeyb]

My friend has been in the Preperation for decision for a month or so and looked at ebenefits today and it went back to review of evidence. What does that mean? Another C&P?

[j92mike]

The same thing happened to me not too long ago, from what I hear it is common. In my case some evidence found at my c&p had been overlooked and my claim was sent back for reconsideration.

Also, his claim could be finished but a condition may have been deferred and sent back may need more evidence. Tell your friend to check his letter generator or to call the 1800# they should be able to tell him what happened.

[Moody]

the same thing is happen to me right now been in perp for dec since march not back to review of evidence guess they are just playing games and doing any and everything to make it look like they are doing thier job when the realy are not.

[LCPL Dressler]

Im in the same boat. My total claim has been open for 18 months. going back and forth. These people are pathetic, there should be regulations about this. Why can they not just make a decision and go with it? 3 times going from review to ready and back. It is outright pathetic! Now its estimate for finishing is another 12 months away, WTF! 30 freaking months at minimum for a new claim?

[carlie]

Im in the same boat. My total claim has been open for 18 months. going back and forth. These people are pathetic, there should be regulations about this. Why can they not just make a decision and go with it? 3 times going from review to ready and back. It is outright pathetic! Now its estimate for finishing is another 12 months away, WTF! 30 freaking months at minimum for a new claim?

LCPL,

Welcome.

Your profile shows you as SC'd at 40 percent.

Just an FYI but ANYTIME after VBA has granted SC for even one issue

and even if it was granted as SC'd at zero percent - - -

all claims after that are actually a claim/s for increase.

So, it would be a claim for a new or additional issue.

[deanbrt]

I think VADDS may have offered a significant perception from the inside. The guys out of Iraq And Afghanistan are getting pushed to the front of the line and that would imply others are getting pushed back. It was insights like that that led me to hope he would keep posting.....

[Capt.]

Hello Joey and LCPL,

Yes , It is pathetic but the system PROCESS has grown so huge over the last 10 years that we still have claims in limbo from many of the "ping pong" game of the system. Please remember that the claims backlog has been the main issue. I have already past posted on this subject but a brief rundown is that in 2005-06, James Nicholson was Secretary of VA and he was dealing with about 750,000 backlogged claims and that his "goal" under oath at the HVAC was to get the initial decison days to 165,which drew comment from several Congressmen. Looking at it now we are well over that and we have not gotten to the root of the problem. It is still the fact that the accuracy rate is 42% on the error rate from VAROs to BVA for adjudication.

Yes the RO can schedule C and Ps anytime they want during the claims process. They can even order new ones AFTER a decision is granted or denied years later. Unless past the 10 year rule or rate P and T. Appealing a decision for increase is actually one of the most common problems facing a veteran. Nothing new with this one tactic. New claims and or letting your timelines fall behind on action to a decision , means another long wait. Until we get someone in our Elected group to band together and "change" the whole system it will never do anything but get worse. It is still governed by law , the 38 CFRs and changes have to be brought forward as new law.

As Jbasser said in another post....QUALITY control has gone out the window. It means thats most of the decisions from Regional Office are faulty and or do not address ALL of the issues. Many times the VA will move a claim good or bad but miss points of the claim. This ping pong game means time and literally puts a strain on the BVA because of the 42% error rate. It will mean that a Veterans claim must carefully be appealed and the error of the faulty decision brought to the attention of BVA. More time . I will tell you that my claim is still about 6 years old and only part of it has been dealt with. The most important issues were not even discussed. Time means waiting and waiting means the Veteran may not outlast the system. That is exactly what the VA wants.

I caution every Veteran that their evidence, medical files , IMOs are the only way their claim will succeed. And even with that it can take years. It is a game of patience , which most Veterans do not have. It takes careful study of the claims process, 38 CFRs, , with medical records and all correspondance with the VA stored and saved. The Veteran will "forget" if he cannot save his correspondance from the VA and then over the years , the Veteran will not be able to remember just what has really transpired without good records. Save everything and all correspondance sent certified mail.

I also want to say that the VA has the Justice Dept. to help them. The Veteran only recently may counter this with a lawyer of their own on initial decisons(June 21,2007 forward). A Veteran, on his own in many cases , will not be able to hold on due to lack of due process and the claim will go into Limboland for many years should he or she not remain diligent. Good legal representation is a very wise choice.

You do have a powerful tool at your disposal and that is HADIT.com and the huge ARCHIVES here on many different subject matter. That plus a great group of Veterans that will offer suggestions and that have knowledge of the 38 CFRs , and are "Combat Veterans of the System". Experience is what will make the Veteran succeed. The VA is counting on you to just quit, which most Veterans do. They get discouraged and rightly so. I have a degree in discouragement dealing with the VA ,,,,,but it is only the thought that so many Vets need our collective help here that keeps me going. So it is a philosophy that I decided many years ago, and share it with you to.......NEVER GIVE UP. God Bless, C.C.

Edited November 4, 2012 by Capt.Contaminate