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?

[cham1968]

Incase anyone wants to take a look at the accuracy of the RO in their area. here's the link

http://www.app.hospitalcompare.va.gov/index.cfm?org=vba&site=2

[justrluk]

Great link!

[john999]

The appeals department is where you can really spend a decade if you go all the way. If the VA gives you a provisional decision you like well and good. If you have to appeal it is the same old jazz.

John

[WhyMista]

I went from gathering evidence to having my claim completed partially awarding me 50% for ptsd today from when they did this and next month my claim would have been two years old so for me it seems it has worked.

Also they had screwed up and initially closed out my claim for mtbi and sensitivity to light and instead of making me wait for comp and pen to be scheduled and be waiting till the end of this year to march of next year they simply made a decision on what they did have evidence on which was ptsd,and my shoulder and ankle then sent my claim back to gathering evidence while they wait for my C&P so I didn't have to file a NOD nor wait even longer so I personally think its been great.

Edited June 19, 2013 by WhyMista

[broncovet]

The VA's "accuracy" numbers are bogus. To determine "accuracy" the VA divides the number of "Non" appeals by the number of claims filed. Because a Veteran did not appeal, this does not mean the claim is "accurate". It means the Veteran did not appeal.

There are many many reasons the Veteran fails to appeal. First, he may be talked out of appealing by his VSO. Next, the VA may shred, lose, or ignore the Veterans appeal, like they did mine. Of course, the Veteran may be too sick or even dead and unable to appeal. In all of these instances, the VA declares the claim "accurate". In other words if you die before you can appeal, if you are too sick, if the VA loses or shreds your appeal..the VA determines your claim was "accurate" even if the VA gave you 0 percent for having both arms and legs blown off with an IED in Iraq.

[Motherof3]

Question.

'

- filed for PTSD October 2010

- current 70% approved December 2011 (50%) PTSD

- filed for IU January 2012

- denied increase/IU end of October 2012.

- filed NOD December 11, 2012

- claim date changed to December 11, 2012

- C&P exam May 23, 2013; submitted to RO May 28, 2013 with MDD added as secondary to PTSD and recommendation for Unemployability. Also have VocRehab statement of Infeasability.

- moved from Gathering to Preparation for Decision May 31, 2013

- I am officially over 180 days (actually 1 1/2 years I say)

With all that said:

1) Why is claim date changed with NODs,

2) Upon completion, will retro pay be for December 2012 and I have to fight for January 2012?

3) note: yes, I do have an attorney and they state (no matter what date, they will be fighting for 100% retro pay from my initial file date of October 2010. Because I was homeless and worse off than 50% back then)

So, please feel free to submit your thoughts and/or recommendations. By the way, Social Security claim denied twice and now in appeal. I want to request an On The Record Review Decision using my C&P exam, VocRehab Infeasability, Psychiatrist/Therapist Questionnaires.