Dva Private Internet

[GuaymasJim]

Has anyone ever been able to access information on DVA's private internet?

Here is an example:

http://vaww1.va.gov/CBO/appeals.asp

DVA policies on their various directives are found there, but there does not seem be be a way to access it. I know my way around a computer and the internet, but nothing I've tried has worked.

I am especially interested in the example above. I am attempting to file and administrative healthcare denial straight to the BVA, but am not getting the VAMC to give me a written signed denial on which I can file a NOD.

Any thoughts or ideas"

[Berta]

Jim said:

"I have a well founded fear that I am going down the same spiral as your husband." I sure hope not.

We believed the VA doctors and whatever they said....up until spring of 1994, when my husband filed his 1151 claim .He thought (he dictated it to me and it was quite dramatic) that this claim would get him better PTSD health care and since we were aware of the fact his CVA had been misdiagnosed for 3 weeks, he had concerns over that too....It still alarms me that what he dictated as the ending statement for the claim became a tragic medical fact.

(The VA stated their 1151 award almost verbatim to his ending sentence. I had to prove the statement he made and unfortunately, with the complete med recs, that was easy to do.

It didnt help either when Pres Clinton said the VA health care system was the best in the world ...that was a few months before he died and he almost decided to withdraw the 1151 claim when the Pres said that, but I reminded him Clinton had to be taught how to salute and didn't have a single clue on the VA health care system ..

“A vet can appeal an administrative decision directly to the BVA: NOD--SOC--Form 9 in other words the whole nine yards without going through the VARO. This is what I am struggling to do. “

I am not sure what you mean here Jim.

An administrative Review (unless the regs have changed since 2012) is initiated by either a VA Official or a claimant's representative.

The conditions of an AR are usually always regarding a policy or procedure matter and “of more than local significance” meaning the AR outcome could affect other claimants.(VCBB ,NVLSP, 2012 Ed page 951.

An AR can only be decided after a decision has been made by the RO

The AR decision is made by VACO (VA Central in DC)

(VBM NVCLSP 2012 Edition

In 1996 I was so exasperated with the way the RO was handling my 1151 claim that I filed a formal request for an Administrative Review with VA Central office.

A VACO claims lawyer called me up and told me they never get this type of request from a claimant and asked what I wanted him to do.

I said “I want you to teach my RO how to read.” He bust out laughing and then we had a conversation for over an hour on the claims process, which at that time was beginning to fall into the crapper big time. He is Neil Richland who subsequently became a VA OGC attorney.

The request was sent by him to my VARO and after they finally made a decision on my claim, they still did not address the AR request. But it was a denial that they quickly changed to an award when I called the Office of General Counsel......short story there....

There was then no need for me to push them as to my Administration Review request. It was a moot point as they learned how to read when the OGC lawyer called them up.

One of the first things Neil at VACO asked me was who was representing me and did they suggest filing the Administrative Review Request.

I said Hell, my rep cant even spell 'equipoise',so I did this on my own.

The only other AR situation I ever saw was our local Bath VA vet rep, a VA VSO,filed an Administrative Request with VACO because they had told a widow her DIC benefits had been terminated and she owed the VA over a hundred thousand bucks. He discussed the case with me and I felt she had some basis for appeal but it was very weak. . He lost the AR on her behalf.

Both my and this VSOs AR depended on 2 things.

1.... decisions from VA.(mine had not been made yet but the widow's had been) and ,until I filed mine, are always filed by a VA employee (“official” per NVLSP meaning a VA VSO or even an adjudicator) or by someone who represents the veteran.

I was already a vets advocate so Neil said that was no problem on him sending this to the RO without my POA on it.He knew from our talk that I knew VA 101.

2. the AR must involve a policy or procedure that would ultimately involve other claimants.

   I cited 38 CFR 4.6 to Neil and in my AR and made the point that if the VARO cannot read ,or is unwilling to read our evidence, this demands a major change in VA policy and procedures.

This is a BVA Administrative Review case:

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp09/Files5/0940164.txt

It is about some guy illegally charging vets for VA claims assistance.

ORDER

Restoration of accreditation to represent claimants before VA 
is denied.

A stay of cancellation of accreditation to represent 
claimants before VA, pending completion of all administrative 
and judicial review, is denied.

This is an Administrative Review filed by the Vet rep on behalf of the claimant:

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp04/Files2/0411186.txt

As you can see an Administrative Review ,on a claimant's behalf, is a detailed legal argument and this is why it is far better to have a POA rep or even better yet, a VA employed VSO, give you support on this type of legal maneuver.

Negative outcomes of most ARs can be appealed.

Edited October 13, 2013 by Berta

[carlie]

Try here:

http://www.va.gov/vhapublications/

OR

This is old but maybe something in it will help.

http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1494

OR try this number regarding Directives:

(202) 254-0405.

[Berta]

I think maybe I gave a half baked reply here..........

I posted all that info on Administrative Reviews but now I don't think that is what you meant.....

I was stuck however on this part you stated:

"in other words the whole nine yards without going through the VARO. "

I have no idea what you mean by that.

But if anyone here needs info on Administrative Review, it is available now under the search feature.

[carlie]

I am attempting to file and administrative healthcare denial straight to the BVA, but am not getting the VAMC to give me a written signed denial on which I can file a NOD.

Any thoughts or ideas"

Jim,

1)What is the health care benefit you are trying to get ?

2) How were you notified of the denial of this benefit ?

[infantry10]

Every time I type "Administrative Review" in the search, it says, nothing found. My claim says Administrative Review and I've been trying to find out exactly what it means for months but I still dont know.