Is There Any Real Penalty For The Va Not Complying With Vcca?

[Ascomdepot68]

Currently I have five (5) outstanding requests made under the Veterans Claim Assistance Act which total 174 "records" in the hands of Federal agencies. The oldest 2 were made in October 2012 and the youngest will be 1 year old on 7/26/2014. Have not received one

document requested. From recent copy of C file I can locate no requests made by VA to anyone for these records although the actual

VCAA requests are in the C file.

On 7/17/2014 the VA denied SC for 4 issues that had been deferred since 9/2012. To me this is a gross violation, denying before

producing the requested records.

I have read the actual "law" that was passed by Congress. There is no penalty mentioned for not complying.

What recourse does one have??

[TiredCoastie]

I ask everyone to forgive me for my cynicism. Perhaps if more of us stood on principle like Asomdepot rather than expedience, then the system might be changed.

However, few of us are willing to sacrifice ourselves and our families in the effort. I honestly need the disability payment each month. So, by giving in and doing as much of the VARO's job for them as possible, I took away some of their responsibility. And in doing so -- by partnering with them so to speak -- I gained a disability rating at least closer to the mark.

May God bless those who chose to make a stand on principle, no matter if it's the VCAA or some aspect of 38 CFR!

[Berta]

Absolutely!

I have also made them hold to M21-1MR at times.

M21-1MR is the VA handbook of how to interpret the regs in 38 CFR. It is quite extensive.

What I like about M21-1 MR is that citations and precedent cases are cited within the multiple areas of the handbook, making it easy to
also cite exactly what regs they have broken or manipulated, in a potential appeal.

For example this link is to part of M21-1MR, as to inferred issues:

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CB8QFjAA&url=http%3A%2F%2Fwww.benefits.va.gov%2Fwarms%2Fdocs%2Fadmin21%2Fm21_1%2Fmr%2Fpart3%2Fsubptiv%2Fch06%2Fch06_secb.doc&ei=CLHTU7ynBIbv8AHLxYGQAg&usg=AFQjCNHL5Ny6bA44KDqnaAcBn1TguErCiA&sig2=3CKSq4lm8pI950WW0WotWA&bvm=bv.71778758,d.b2U

It contains many references to regs in 38 CFR as well as to Norris V West, Deluca V Brown, etc.

I used ,for example ,a print out of something in this link ( SMC consideration)
to succeed in my SMC CUE claim:

http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CB8QFjAA&url=http%3A%2F%2Fwww.benefits.va.gov%2FWARMS%2Fdocs%2Fadmin21%2Fm21_1%2Fmr%2Fpart4%2Fsubptii%2Fch02%2FM21-1MRIV_ii_2_secF.doc&ei=RLLTU_fZDsed8gHJ5YGIAQ&usg=AFQjCNFmeGPdrTzYzXbz0XLQlN_kUwGdFw&sig2=qmvM_4XcVxqdTmqJb0MnPA&bvm=bv.71778758,d.b2U

The BVA in some cases, states proper application of the M21-1MR, and has to remind the RO of that ,in the remand:

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp12/Files1/1201083.txt