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Adjudication Procedures


free_spirit_etc

Question

The adjudication procedures I find all refer to the BVA. Do the same standards apply to the RO - or do they have a different set of standards?

Needing to know for my list of what I am disagreeing with...

Free

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The 38 cfr and the M21 are the procedures set by law and the RO and The BVA are required to utilize in the claims process.

You can research the directives as well as the M21 in order to get spacific information.

Edited by jstacy (see edit history)
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LOL -- Actually my husband is in one of those six states --and the re-doing the claims is a joke. He never recieved a letter (as required) --and the VA website has an outreach program -- you can email them and ask questions --

It tells you if you think they made amistake in your claim to email them.

he emailed them and told them he thought mistakes had been made in his claim -- and he got a copy and paste response that said that people get what they should and that if you get a lower amount it is because that is how it is rated.

They aren't really re-doing claims. They are just doing an outreach program - to let vets know that they can re-open claims that were previously deny, or file for CUES -- but they don't really tell you how to reopen the claim or file a CUE when you contact them. (it seems like they could AT LEAST copy and paste THAT information when you specifically ask what you can do if you think there was a mistake.)

So basically - they are just doing an outreach to let vets know that what is available to ALL vets is available to THEM -- but then - they aren't giving the information of how to reopen or file cues.

Free

Dear Veteran

The laws are the same for the court, BVA and RO. However as one judge put it. The RO is above the law. Thre is no accountablity at the RO level so they do as they please. Thats why 6 states recently had to re do all there denied claims because they didnt even follow the low standards of screwing vets as the other states did.

The RO's and VSO have made a joke out of there jobs. My advice to every vet here is look at the RO as only a mail box to get to the BVA.

Terry Higgins

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Thanks! I thought so - but wasn't sure... and most of the laws I was finding specifically about adjudication of claims kept refering to the BVA - so I didn't know if those same procedures applied to the RO.

Free

The 38 cfr and the M21 are the procedures set by law and the RO and The BVA are required to utilize in the claims process.

You can research the directives as well as the M21 in order to get spacific information.

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