What Is Holding Up Your Claim? I Know Now

[Guest jstacy]

It is called the BVA. Instead of making decisions on Veterans claims by overturning the RO's, The Remand the claims back to them for them to adjudicate. Once a claim is returned to the RO, It gets head of the line privledges. Kind of like a chow line.

If I had a vote, I would change the name of the BVA to the BRA. Board of remanding Applications.

That is where the backlog is coming from and Congress needs to correct it because it is taking a little bit longer every day due to the remands.

Edited October 31, 2006 by jstacy

[Ricky]

I agree with all below. Congress etc..... must take the blame for not taking action (funding); If I were a service center manager or RO director, my priority would be on quality. If the claims continued to back up because of this then maybe they would see the problem and fix it. This just deny it and get it out of here for a couple of years is criminal. I know that I would be fired but maybe just maybe my way of doing things would open up the eyes of all an result in a fix to the problem................... Ah maybe I need to quit dreaming. They know what the problem is they just do not want to fix it.

Ricky

[john999]

Ricky

Disabled vets are just not a priority. Everyone knows what the problems is , but fixing it means having to pay more compensation and the government does not want to do it. How better to pay less to vets than to just constantly underfund the VA and let the claims pile up to the sky? Thanks to Hadit we can fight this system but we are being sandbagged by our own government.

[Guest allan]

I called the AMC today. Was told my claim is waiting for someone to view it & reminded it may take up to 90 days before someone gets around to it. After stating it's been over 120 days now, i heard not to worry. It could be 3 to 6 months before anyone gets to it.

During one call to the AMC, I was told my claim was waiting for assignment to another VARO somewhere.

This is the second remand from the BVA. This one states the VARO failed to include Dr Bashes IMO's in SOC or grant any weight to the evidence. They gave specific instructions to follow. My guess is I will not see due process or an honest evaluation until it goes to court, or the BVA decides to process it. Its been 3 or 4 yrs passed back & forth between the BVA & different RO's, with the appeals center being nothing but a go between & collecting dust.

[Berta]

Boy- I know the feeling of frustration-

Another example of RO's failure to consider an IMO.

My initial one from Dr. Bash is dated Nov 2004.Even though my vet rep said he personally presented this to the DRO- the SOC says nada-like it didn't even exist.

The brief Nov 2004 IMO I had from a former VA doctor was incorporated into the Bash opinion and also sent with his IMO to the RO in 2004. Then they sent me to the BVA in July but I got a remand in Sept.I asked for it and gave the BVA 3 reasons why the claim should be back at the RO.

Dr. Bash's August 2006 second IMO also referred to his first one. Yet it was not at all redundant or cumulative. At some point they have to acknowledge this evidence.

They aren't fooling me one bit- this is deliberate-to ignore probative medical evidence-

I sued them for property destruction.

I named the VSM, director, and someone else -forget who-oh yeah the DRO-

On my SF 95 I pointed out and attached proof of the fact that I had submitted these IM0s many times to the VARO yet -since the 2 initial ones failed to be addressed, I can only assume they have been damaged beyond repair or were destroyed.(I copied the priority mailing slips in color and attached this as evidence that I had sent these IMos many times)

I talked to Regional Counsel about this 2 weeks ago.

He sure got my point. I dont expect the VA to pay me back-

but if they don't address these IMOs ,I could potentially sue them in Fed court.

He was aware of my last SF 95 matter and said he knew I had been through a lot.

I told him I have to exercise every right I have because I went through this same crap years ago.

If the VA is not addressing an IMO that we paid cash money for- I think they should be accountable for that.

I told counsel I expect the proper decision on my claims before the 6 month FTCA deadline is up. But I would not hesitate to go into federal court if this is what they want.

Edited November 2, 2006 by Berta