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Vcaa


Berta

Question

Within the 459,315 cases at the BVA, the word Remand appears in 344,075 of them.

Often it refers to a prior remand-

However -ALL claims filed after Nov 9,2000 or were undecided as of that date,

are required to get a VCAA letter notifying the veteran of what evidence their claim specifically needs to

succeed.

Of the 344,075 cases at BVA with the word Remand in them -

many are like this claim:

http://www.va.gov/vetapp03/files/0305362.txt

This is a disgrace-

every time I read one of this I get really angry-

Vet (Army NG) filed claim probably in 2000) the decision says it was filed Prior to the VCAA enactment-- it can take at least two years to go to the BVA- it was pending at time of new VCAA regs

this decision is dated March 21, 2003,

the vet had 3 years in already and then got a remand-much more time added to the claim-

This is disgraceful-

The vet had no POA- but POAs are allowing this to occur-

When I got into the veteran's community in 1986 here in NY- the saying was "most of these Sos and vet reps are in bed with the ROs"-

They dont have to get in that position-now- all a vet rep or SO has to do is stand idly by and not challenge the lack of a VCAA letter when a claimant gets their first denial-

if they dont want to do much to help the vet- this sets up a remand and gets it all out of the vet reps hair-as they sit back in their PC chair and wait for their retirement date to come-

If you had a claim pending on or filed after Nov 9, 2000- got denied and didnt get a VCAA letter-

unless you provide them with significant additional evidence, your claim will go to the BVA and then= one-two years later , it will be remanded back to the very people who should have sent you the VCAA Notice.

What a scam and vet reps are putting up with this-in support of the VA.

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Guest jangrin
Within the 459,315 cases at the BVA, the word Remand appears in 344,075 of them.

Often it refers to a prior remand-

However -ALL claims filed after Nov 9,2000 or were undecided as of that date,

are required to get a VCAA letter notifying the veteran of what evidence their claim specifically needs to

succeed.

Of the 344,075 cases at BVA with the word Remand in them -

many are like this claim:

http://www.va.gov/vetapp03/files/0305362.txt

This is a disgrace-

every time I read one of this I get really angry-

Vet (Army NG) filed claim probably in 2000) the decision says it was filed Prior to the VCAA enactment-- it can take at least two years to go to the BVA- it was pending at time of new VCAA regs

this decision is dated March 21, 2003,

the vet had 3 years in already and then got a remand-much more time added to the claim-

This is disgraceful-

The vet had no POA- but POAs are allowing this to occur-

When I got into the veteran's community in 1986 here in NY- the saying was "most of these Sos and vet reps are in bed with the ROs"-

They dont have to get in that position-now- all a vet rep or SO has to do is stand idly by and not challenge the lack of a VCAA letter when a claimant gets their first denial-

if they dont want to do much to help the vet- this sets up a remand and gets it all out of the vet reps hair-as they sit back in their PC chair and wait for their retirement date to come-

If you had a claim pending on or filed after Nov 9, 2000- got denied and didnt get a VCAA letter-

unless you provide them with significant additional evidence, your claim will go to the BVA and then= one-two years later , it will be remanded back to the very people who should have sent you the VCAA Notice.

What a scam and vet reps are putting up with this-in support of the VA.

Berta,

What about the people that filed a claim before Nov 9, 2000. Are they also entitled to have a VCAA letter stating what they need to provide the VA in support of developing their claim?

This is confusing, because it seems the BVA is using the lack of a VCAA letter as an excuse for remand. But if the claim stays at the RO level for a decision, is not having been sent a VCAA letter even an issue?

Would it be wise for anyone who currently has a pending claim at the RO level to send in a certified letter to the RO requesting a VCAA letter so they can develope their claim? Once a claim is developed to the specifications of the VCAA letter can they deny the claim, what I mean is, if the vet provide the information the the VA is requesting on the VCAA letter, doesn't that almost make them have to approve and rate the claim?

As you know from my past posts- we recieved two VCAA letters from our RO-one right after my husband filed his initial claim and then the second one when he added a couple of secondary conditions to the DMII.

He recieved these fairly quickly (a few weeks) after filing.

I was wondering, for the vets who have not been sent a VCAA letter if it would make any difference in the waiting time or even in the "processing scheme" if requesting a VCAA letter officially could shake things up a bit. Maybe it might make people have to examine the claim sooner and make the rater more aware of a claim because they have to work it up in order to write the VCAA letter. Instead of putting it on a shelve somewhere to get dusty.

Just a thought-what do you think?

Jangrin :rolleyes:

Edited by jangrin
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Guest jangrin

Berta, The following was a post of mine from a while back I think it got buried or you were really busy at the time. If you have time maybe you could take a look. ( I think the VCAA letter is the VAs answer to the CFR 38 3.159 issue that is being brought up fairly frequently)

"What about the people that filed a claim before Nov 9, 2000. Are they also entitled to have a VCAA letter stating what they need to provide the VA in support of developing their claim?

This is confusing, because it seems the BVA is using the lack of a VCAA letter as an excuse for remand. But if the claim stays at the RO level for a decision, is not having been sent a VCAA letter even an issue?

Would it be wise for anyone who currently has a pending claim at the RO level to send in a certified letter to the RO requesting a VCAA letter so they can develope their claim? Once a claim is developed to the specifications of the VCAA letter can they deny the claim, what I mean is, if the vet provide the information the the VA is requesting on the VCAA letter, doesn't that almost make them have to approve and rate the claim?

As you know from my past posts- we recieved two VCAA letters from our RO-one right after my husband filed his initial claim and then the second one when he added a couple of secondary conditions to the DMII.

He recieved these fairly quickly (a few weeks) after filing.

I was wondering, for the vets who have not been sent a VCAA letter if it would make any difference in the waiting time or even in the "processing scheme" if requesting a VCAA letter officially could shake things up a bit. Maybe it might make people have to examine the claim sooner and make the rater more aware of a claim because they have to work it up in order to write the VCAA letter. Instead of putting it on a shelve somewhere to get dusty.

Just a thought-what do you think?"

Edited by jangrin
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received VCAA letter after dinial on PTSD, VA states that they sent VCAA letter asking me me for anymore evidence i have for them. but brfore they sent out the VCAA letter to me they already made a decision on my claim, they claimed i did not answer there VCAA letter. this is how the VA works, they did not mail the VCAA letter untill they made a decision on my claim. stating i never returned the VCAA letter with anymore evidence. but i received the denial first and then the VCAA letter asking for evidence. s0omething is wrong herer

Patrick

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received VCAA letter after dinial on PTSD, VA states that they sent VCAA letter asking me me for anymore evidence i have for them. but brfore they sent out the VCAA letter to me they already made a decision on my claim, they claimed i did not answer there VCAA letter. this is how the VA works, they did not mail the VCAA letter untill they made a decision on my claim. stating i never returned the VCAA letter with anymore evidence. but i received the denial first and then the VCAA letter asking for evidence. s0omething is wrong herer

Patrick

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Jangrin-this is what NVLSP says re: your question-

The VCAA -which they state was the most significant piece of veteran's legislation since 1988 (and that I why I am outraged at how th VA has manipulated it!)

involves two types of claimants:

1. All claimants who filed claims on or after Nov 9, 2000 or had claims that were pending and undecided on or after that date.

2.Any claim denied between July 14, 1999 and Nov 9, 2000 due the not being "well grounded"statement that VA denied many past claims on.

This includes claims pending at the BVA or even the CAVC on Nov 9,2000.

The VBM has more info and refers to Robinette V. Brown.

and Franzen V. Brown-

Robinette- denied at RO, BVA, and then was at the CAVC.

He filed his claim initially in 1993.

This information is too involved to post here but a good example of how the VCAA affected or SHOULD have affected vets at CAVC or the BVA prior to the passage date of the VCAA, Nov 9,2000.

Chapter 16 Effective Advocacy VBM 2005 edition

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Patrick- my whole point on VCAA Gate- I call this a major scam to veterans-and suggest others write- as I did to:

Chairman Larry Craig

U.S. Senate Committee on Veterans Affairs

412 Russell Ave

Senate Office Building

Washington, D. C. 20510

Tell Senator Craig exactly what you told us here- send your VARO director a copy of this letter-

The VCAA prohibits a valid claim to be denied without proper VCAA Notice and Election form.

Also the VCAA notification must be specific as to what you need to succeed.

Cite Pelegrini V. Principi, 18 Vet App 112 (2004)

the VCAA itself,

and 38 USCS Section 5103 (a)

Ask the VARO VSM to CUE their past decisions on your claim due to precedural defect and error ,causing you

to receive a prejudiced decision.

Later today if I have time I will post a CUE sample letter for vets to send VAROs if they did not receive VCAA letter and election stuff.

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