Is Va Trying To Screw Me Again

[Teac]

I have had an appeal pending at Houston RO since Feb 2010. I keep checking ebenefits to check the status. Until last week it had no movement at all, still stuck at the Regional office. I called last week and inquired on the status and was told Houston is so backlogged it takes two plus years to get it to the BVA. Late last nite I checked ebenefits again and it had two new entries. One entry said SOC 6/1/2012 and the other entry said Form 9 6/11/2012.. I never received either item. I tried to initiate an ebenefits email inquiry, but it kept rejecting my question saying my SSAN was in use by another member. So today I called the va and inquired. I was told not only were these items mailed, but that my POA Texas Veterans had responded. First, I have no POA assigned as I do all my own work, secondly they are in my opinion the worst people to assign the POA. But more important, I have no idea how the Texas Veterans responded. The other problem is we only have 60 days to respond to the SOC and appeal although I thought I already done a form 9 and NOD two years ago. But now my understanding is I may be screwed because I did not get the SOC I could not respond...... any suggestions?

[Capt.]

Hello Teac,

I was just thinking that if the VARO has made a mistake on your POV then you could have some real issues with timelines on some claims. If those claims have ended without you knowing about them then you may have some CUE issues and reopen because of it. And if the claims that were suspense dated to end without you knowing about it , will make a big difference on your other claims that were either decided or still moving in line to the next phase of adjudication. I could see a domino effect that could financially be a real mess and a paper chase.

And this is a big plus for the VAROs. They know that the longer they wait and postpone something , the longer the Veteran has to wait. How do they expect us to remember everything ???? we can't and neither can they. Just another tactic that works for them.

Also I noticed that your BVA wait has been nearly 2 years. Does that mean that the Wonderful Houston VARO has not "CERTIFIED IT to the BVA"??? I know they can sit on them and make decisions for NODs during that period but at some point the VARO has to move it on. Are you considering a Writ of Mandamus or could you??? Take care Teac and still plan on coming up there and will let you know too. NEVER GIVE UP . God Bless, C.C.

[Teac]

Hello Teac,

I was just thinking that if the VARO has made a mistake on your POV then you could have some real issues with timelines on some claims. If those claims have ended without you knowing about them then you may have some CUE issues and reopen because of it. And if the claims that were suspense dated to end without you knowing about it , will make a big difference on your other claims that were either decided or still moving in line to the next phase of adjudication. I could see a domino effect that could financially be a real mess and a paper chase.

And this is a big plus for the VAROs. They know that the longer they wait and postpone something , the longer the Veteran has to wait. How do they expect us to remember everything ???? we can't and neither can they. Just another tactic that works for them.

Also I noticed that your BVA wait has been nearly 2 years. Does that mean that the Wonderful Houston VARO has not "CERTIFIED IT to the BVA"??? I know they can sit on them and make decisions for NODs during that period but at some point the VARO has to move it on. Are you considering a Writ of Mandamus or could you??? Take care Teac and still plan on coming up there and will let you know too. NEVER GIVE UP . God Bless, C.C.

Correct the Houston Regional Office has taken no action and still has not fowarded it to the BVA. A writ.. I don't know simply because I don't think it is applicable until it reaches the BVA or court... I do know that I will be looking for a Pro Bono Lawyer from the Veterans Consortium , they handled my last claim at Court of Veterans Appeals in 2007 and were able to make a deal ( taht benefited me) prior to a court date being set.