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Va Proposed Rule Change

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Philip Rogers

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Philip Rogers Grand Master

Philip Rogers

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I think harleyman said awhile back that the VA was going to stop sending the forms with the decision letters because they were getting too many appeals since they started sending the form. So I guess they still want to use the form, they just don't want to send it.

It makes sense because without the forms, being enclosed, many vets will not appeal their claim(s) and the VA wins, again. And those that do will take longer to process. Also, it may cause many claimants to seek the use of a VSO, who generally work on the VA's side of the claim and again the vet loses. jmo

pr

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71M10 Mentor

71M10

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I thought the regulations actually indicated the VA was supposed to help veterans file their claims in a paternalistic non-adversarial system? They are indicating they can't do their job due to the numbers (non-standard forms ect). Veterans disability isn't a standard system, they seek to increase regulation and administrative requirements with the goal of getting rid of work and getting rid of a significant number of future appeals from veterans.

The rules need to be changed imediately to provide for paid independant legal representation to veterans filling claims. Once the VA starts following rules from the start of the process things will get better for all.

I'm sure NOVA is all over this, we need to ensure competant pro veteran comments are sent in.

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ArNG11 Grand Master

ArNG11

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It's all a game. Duty to assist, eh duty to delay, eh duty to deny. It's definitely hard to deny the numbers. How many claims actually are service connected correctly? How many claims are actually rated correctly according to the regulations? How many times are claims rated according to medical evidence? How many times is the claim and adjudiation process actually follow the law? How many times are veteran's rights just trampled on? How many vets have to go hungry, or homeless, or die before something gets done. It's hard to say. Personally, I know what I have dealt with so far and it's a war. You win some battles and you loose some battles, however, just like we were taught in the service, you fight. You FIGHT, you fight until you can't fight anymore and when you're bruised and bloody and want to give up, you hold your head up and bring your hands up again. It's WAR. Never quit, never give up and never leave a fallen man behind.!!!

Mr. A

:ph34r: " FIGHT TILL YOUR LAST BREATH " :ph34r:

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63SIERRA Veteran

63SIERRA

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Posted (edited)

Also a standard notice of disagreement form used to be a valid way of saying you wanted an appeal. not anymore. you must write on the notice of disagreemnet form that you a officially requesting ADMINISTRATIVE REVIEW. if you dont, they can do what they want with it. If you want them to reopen, sens in the NOD and more evidence and ask for a reopen or and DRO review. If you flat out request a ADMININTRATIVE review, its like lawyering up, the must submit your claim to the board of appeals,.. doesnt mean they have to hurry either. Best thing is to keep the claim docked at the RO port, and make them work it, keep the initial filing date alive, and dont take no for an answer. Very simple submissions can keep a claim alive at RO such as buddy statements, wife statements, a civillian doctors statment . a plausible argument, ect.

Think of the va as dam repairman. he will fix holes as they appear as fast as he can. when a new hole pops up, (claim) he and his crew will try to fix it as fast and effiecient as possible (deny claim).. when one small hole keeps opening, he gets frustrated with continuing to repair that one little hole. (persistant , informed stubborn veteran)/./ So he grow weary of trying to fix this same hole over and over and over. He is tire of looking at it, messing with it, and he loses interest in fixing it, especially since so many other holes, that can be quickly and easily fixed, are poping up like crazy , elsewhere. (new veterans who dont know any better ).

So eventually the repairman just accepts that he cannot fix this hole, and lets it flow.

THATS HOW YOU HAVE TO FIGHT THE VA// they cannot tell you to go away. thats the beauty of the system. the claim is never finished, until YOU say it is, not them. KEEP FIGHTING.

Edited by 63SIERRA
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Navy04 Grand Master

Navy04

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63,

Glad to see how passionate you are with providing members good advice and keeping the good fight going. I have always believed that there are more Angels than Devils, and I hope that holds true.

100% PTSD

100% Back

60% Bladder Issues

50% Migraines 
30% Crohn's Disease

30% R Shoulder

20% Radiculopathy, Left lower    10% Radiculopathy, Right lower 
10% L Knee  10% R Knee Surgery 2005&2007
10% Asthma
10% Tinnitus
10% Damage of Cranial Nerve II

10% Scars

SMC S

SMC K

OEF/OIF VET     100% VA P&T, Post 911 Caregiver, SSDI

 

 

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stillhere Veteran

stillhere

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Maybe the RO need to have their offices all take a course in comprehension! I mean if a vet sends a letter stating he/she has a disagreement with the award for so and so and would like to ask for a DRO to review for a better decision.

I don't think that means I want to reup for 4 more years! I mean how dumb can they make us think they are?!???

Stllhere (I think!)

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