Survey Of Timelines

[VRhodes]

Hi there. Would you please comment how many contentions you applied for and how long it took to reach a decision? Just curious =) Thank you!

[VRhodes]

Thanks guys! Definitely no pattern here. Good thing that patience is a virtue, huh?

[Chuck75]

VR: Timelines are almost impossible to compare due to the advent of the FDC "Fully Developed Claim." Vet's using the old "RAC" (RegAxxClaim) were usually looking at any Where from 12-18 mos just to get their Denial/Award letter. For the most part, the Vets were not knowledgeable regarding VA Claims procedures and the Evidence necessary to get their awards. Most Nam Vets i associate with, really didn't start getting into the nuts & bolts of the VA system until they were denied. I know I didn't and probably added 2 yrs to the final Award @ 06/14 DRO Hearing. 06/08 thru 04/14 8 issues. IU awarded 06/14.

Hopefully younger Vets will be more engaged with their claims right from jump. Some of the posts I see don't necessarily indicate they are. Still seems like a large number of Vets file the initial claim with the help of a "Good Intentioned VSO Rep" and then go on about their life thinking no more needs to be done. Big Mistake.

I recently got an FDC award for (1) secondary issue in just over (5) mos.

Semper Fi

Gastone

The whole disaster stems from the law (Title 38), The VA regs, and the VA "handbook" used by raters as the claims processing "bible".

The law is "interpreted" by regulation which inevitably narrows the application of the law. Then, the "handbook" comes into play.

If a claim does not exactly meet all the requirements in the three, it gets denied.

(Well, not exactly!)

Turns out that it's not uncommon to find conflicts between different sections/parts of Title 38, the VA regs, and the "handbook".

"More often than Not", the VA takes a "conservative" approach, which translates as deny in many cases.

The Law, as written in 'plain language" often favors the veteran. The regs and handbook, and a few court decisions, tend to reduce

the favoritism.

There is also the perception that the VA was in the past, told "under the table" to minimize disability ratings and payments.

Why? A dollar paid to a veteran is a dollar that cannot be spent somewhere else, plain and simple.

The VA "non adversarial" claim and compensation system is anything but!

Edited January 2, 2015 by Chuck75

[Gastone]

Chuck: Been many moons since a DI beat my axx when a private in my squad FU'd. He explained the "Old 10% Rule" that I've lived by since. In essence, there will always be at least 10% of any group of people that will screw up or in general just cause trouble. What's 10% of all VA rating Dept Employees, you get one of these, your screwed and in for a bad experience. I lucked out and never had a VA 10%'r through my entire claims experience 07/08-06/14. The only screw up was made by my 1st & only VSO-Rep that filed my initial claim. Any other problems since Denial in 2010 was due to my own lack of knowledge/procrastination and resultant decisions I made. In the end all worked out for me, 2 NODS Awarded 06/14 at DRO Hearing. I probably added at least 11/2 yrs to my DRO Hearing by not getting fully involved from jump in 08, my BAD.

Semper Fi

Gastone

[john999]

Assume you are going to have to wait at least a year and then assume you will have to file appeals. This will take years unless you get 100% P&T the first time you file and no other conditions emerge for the rest of your life. If you are 22 years old and are discharged with 100% disability you probably have paid a serious price. Back when I first filed the assumption was a two year wait and a low ball rating. You could pretty much bet you would be appealing for many years especially with agent orange cases and PTSD not being recognized for years after the war. Maybe burn pits or some other as yet unknown disability factor will emerge from OIF/OEF 20 years from now when those vets start getting sick.

John

[Chuck75]

Chuck: Been many moons since a DI beat my axx when a private in my squad FU'd. He explained the "Old 10% Rule" that I've lived by since. In essence, there will always be at least 10% of any group of people that will screw up or in general just cause trouble. What's 10% of all VA rating Dept Employees, you get one of these, your screwed and in for a bad experience. I lucked out and never had a VA 10%'r through my entire claims experience 07/08-06/14. The only screw up was made by my 1st & only VSO-Rep that filed my initial claim. Any other problems since Denial in 2010 was due to my own lack of knowledge/procrastination and resultant decisions I made. In the end all worked out for me, 2 NODS Awarded 06/14 at DRO Hearing. I probably added at least 11/2 yrs to my DRO Hearing by not getting fully involved from jump in 08, my BAD.

Semper Fi

Gastone

I'd have to say that your experience was a better one!

My experience with the VA's scheme of things started years ago! (Late 60's)

Denial of service connection for the results of an in service surgery. (Compounded by the 2008 redaction)

General failure to apply "combat veteran" and "combat conditions" to claims (2000's)

(Vietnam "Feet on Ground", combat awards, etc.)

I had to go to a VARO in person to get them to resume payments

for flight school in the 70's. The whole process took more than a year to resolve.

(They were too lazy to notice a filed change in address and so forth)

That problem was compounded by a change in the FAA's regs, requiring

an instrument rating before a commercial rating. Before the change it was just the opposite.

More currently, I'm fighting CUE level denials.

Appeals just sat for years at the VARO. It took a "bob email" to get them moving again.

The Burn Pit fiasco is not new, just more acute. The same general practices existed in the Vietnam era.

(Fewer identified sufferers, less knowledge and recognition of hazardous materials.)

The history of the VA and it's precursors is not a pretty one. Corruption, political influence, unwarranted payments, etc. were common

in previous eras. Korean war veterans had a major struggle with the VA, due to the number of claims involving the Battle of Chosin Reservoir,

and the VA's failure to apply the combat related laws and regs.

Vietnam veterans (including myself) are still fighting with the VA over AO. related issues.

The mid east wars just add another layer to the cake!

This time around, veterans are often more educated, have better research tools, the internet, and at least a modicum of help.

I always felt that overall, the VA was considered a welfare type system, which it was, before that became a common epithet.

Today, as in the past, veterans are still fighting for earned benefits. Many others choose to ignore that the benefits were

and are earned as a result of military service.

[Gastone]

Chuck: I agree, bad experience. FMIO, when you started out, were you rep'd? Help or Hurt your claims? Did you eventually started reping yourself or go the Attorney route?

I'm guilty of procrastination regarding my 1st claim Denial & NOD. Relying on VSO-Rep (My mistake) didn't help. Didn't really get, "All In" until the 11th hour of the NOD filing period, my bad. However, once I took over everything and just used a different VSO to bounce ideas off, can't really complain. Maybe I just got lucky, right. As they say, "Lucky is sometimes better than being Good."

Semper Fi

Gastone