Va Expedites Decisions For Long-Standing Claims

[kevin4998]

http://www.defense.gov/news/newsarticle.aspx?id=119826

I know this has been posted already, but I do have a question or two. Maybe its too soon to tell what is going to happen (if anything at all) once this starts rolling out.

"Effective today, VA claims raters will make provisional decisions on the oldest claims on hand, officials said, which will allow veterans to begin collecting compensation benefits more quickly, if eligible."

As I read that sentence, that is telling me that this provisional decision will happen regardless if a veteran agrees with it or not. And, you can only pursue it for what you "think" it is worth if you have new evidence.

"If any increase is determined to be warranted based on the additional evidence received, benefits will be retroactive to the date the claim was initially filed."

Now I am pretty sure I am off base here, but that is how I am reading it.

Is that how everyone else is reading it?

Any other thoughts on this?

[rpowell01]

I think they mean by provisional is if the rater feels your chances of winning your claim with more than a 50% greater weight with the evidence they already have then they will make a provisional decision.

[71M10]

Sounds like they are proposing to work everything twice to reduce the backlog!

Now that makes a lot of sense doesn't it??????

[JT24usn]

They will give a provisional rating based on evidence at hand at the time. The veteran has one year to submit evidence if not happy. Once one year is up it will become final and the vet has another year for reconsideration/appeal.

Evidence at hand means any outstanding pm requests will not be considered however if it does come in the claim will be reconsidered.

Note: most claims are so old and have been sitting that the 4142 is too old (180 days see last sentence on back of 4142 top paragraph) that the va will need a new one.

Another example is a fracture or broken bone. Most can be granted. A zero for residuals. Maybe a ten. That would be a provisional and the the vet would have to come in and show the pain increase or effects of said broken/fracture.

It is a way to get old claims off the books and restart the new date when refilled. Sure they will go back to original date but va is happy they only have a couple of mos old claim instead if two year old claim. Jmho.

Edited May 2, 2013 by T8r

[j92mike]

I actually just posted a topic about this unaware there was already a section for it. I tweeted a few hrs ago with the VABenefits the tweeter was talking about the transition and how it would decrease the need for appeals.

This is a quoted tweet "Transformation initiatives increase accuracy of claims, preventing need of Vets to appeal decisions."

[rpowell01]

On 5/1/2013 my claims became one year old not to include the NOD by DRO I also have. On 5/2/2013 I see movement from Review of Evidence to Gathering of Evidence and a request to Lee County. Today, 5/3/213 I get a call and have 2 C&P exams next week, one at Bay Pines for MH and one in Cape Corral (Ft Myers VA Center). The 2nd one is going to take about 6 hours they said, well mainly for the doctor.

It doesn't matter on the 2nd exam, in my opinion, because Dr. Bash's IMO is going to trump it eitherway, hopefully.....

[justrluk]

Improving accuracy may or may not result in a decrease in appeals. Based on GAO audits, accuracy is a big issue, but appeals are based on decisions as well as accuracy therefore the cause and effect relationship between accuracy (by itself) and filing an appeal is reduced significantly