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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Buck52

Interesting read from a DRO

Question

This may help some veterans understand the appeal process a little better.

From a DRO.

 

https://veterans.house.gov/submission-for-the-record/matthew-middlemas-0

 

..............Buck

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Thanks, Buck!  I found this part interesting:

"However, the Regional Office cannot physically send the claims file to BVA until all pending NODs and all pending claims have been decided.  There can be no appeal issues pending before the Regional Office at the time the claims file is sent to BVA; otherwise, BVA will issue a Remand instructing the Regional Office to issue an SOC on any pending appeals."

And this one,

"Effective February 2, 2013, Section 501 (Automatic waiver of agency of original jurisdiction review of new evidence) of Public Law 112-154 took effect.  This change in law established an automatic waiver of Regional Office (agency of original jurisdiction) review of evidence received after receipt of the substantive appeal.  The evidence is subject to initial review by BVA unless the appellant specifically requests, in writing, initial review by the Regional Office."

I didn't realize either.  I have a Form 9 filed on denials, and a NOD on an increase on a separate issue.  If I am reading the first paragraph correctly, the VARO holds all until all NOD's have been resolved.  Then on the second paragraph, if a SOC has been issued, and I submit N&M Evidence, then I must inform the VARO in writing that I want an initial review at the RO while everything is still in purgatory.

Learned a lot throughout the article, and although it looks like it was written in 2013, I can only imagine things have gotten worse.  Thanks!

Mark

Edited by MarkInTexas

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Basically its "we have pushed to get claims denied finished and have been putting more and more pressure and less and less qualified people to do so and because they are not qualified to do it we have to oversee them and since we are denying finishing so quickly the appeals backlog is growing exponentially and now we have less time to pay attentions to appeals since we are denying finishing so many claims much quicker.  We believe wholeheartedly that it is in the VA's Veterans interest to rob peter to pay paul and then put a shitload of debt on peter."

Amen!  You made me laugh though.  Thanks!

Mark

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So, if I don't have N & M evidence, does it really matter which way, then?

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Interesting information from this DRO's perspective.  He makes valid points on numerous cause and effect of the delays as far as the lack of "trained" personnel are concerned.

The two parts of his statement that caught my particular attention are:

1)  where he mentioned appeals could get "loss" in the VBMS / VBMS-R system due to "who" is inputting and the office (or person) who is authorized to input them having no knowledge an appeal is in that system until the Veteran Representative inquire of the status or they go in the system about a different claim.

2) where management pulled all DROs to assist with initial claims backlog and for 6 months no appeals were worked in his office except on a "case by case" basis if it met the criteria of what they considered "priority" (homeless Vet, Wounded, financial difficulty, etc).

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Good information.

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