Claims At Rating Board

[RockyA1911]

Is there a timeline or a threshold maximum time that a claim can sit at a rating board? I mean when a claim is labeled ready to rate and sent to the rating board, should it not be decided within 6 months, a year, two years. How long can the claim just sit there? I've seen other veteran's claims be decided in a year including from date of claim, C&Ps, etc.

Can the VA just leave your claim pending at the rating board forever and then just forget about you. Reason I say this is the veteran cannot obtain any further status once this happens and is just told to wait on the decision letter which should be soon. This has been going on for me for going on 21 months now and the claim has been at the rating board (farmed out to another RO) for going on 6 months.

How can one find out if it is being worked on or will just gather dust from here on out?

[Guest jstacy]

You have 3 good avenues to take and both flow the same direction. First an IRIS inquiry. Ask a direct question as to the exact status of the claim and where is it.

Second is the dreaded Veterans Service Officer: This person should find out for you. These people are supposed to assist Veterans by doing these kinds of actvities.

The third option is:

You can also go to the regional office to speak with a counsler.

[RockyA1911]

jstacy,

I've used all three of those avenues over the past 21 months. The IRIS from the VSCM just states the claim is at the rating board and they are sorry they cannot provide any further information. I have done the IRIS thing recently and about every month since I have filed my claim. They used to say I would receive a decision in 45-60 days but now they cannot even estimate a date of when I will get the decision. Just soon.

Well soon so far is 21 months and counting.

The 800# says the same thing, claim went to rating board in Cleveland 28 June 06. And also they apologize that they have no further information.

The VSO only contacts the same folks and he tells me he has good news..........and that is my claim went to the rating board on 28 June 06.......Gee, he was the last one to tell me that as I had known that for 5 months now.

I have hit a brick wall and all three of your recommendations I have used just to end up back at square one, and that is no one knows or can tell me what is happening with my claim and why I have not received a decision.

What if this continues for years? There has to be some sort of method to break a bottleneck like that. If not the VA is allowed to just put the claim on a shelf under the guise of "at the rating board". What can someone do? There has to be some kind of limit as to how long the claim can stay there without a decision at all.

[KennyJ]

Rocky believe me brother I feel your pain also. my claims too have been at VARO since March 2005 had C&Ps and everytime time I call 800# I get a different answer. I don't think they even try to find the info i think they just hold on and wait bout 45 seconds and come back and say what they want. You can't get your Congressman or Senator involved because they only slow it down more and they do absolutely nothing at all. I think you should be able to log on to VA site with an ID# and check on your claims and do away with 800 claims reps.

[Guest jangrin]

I don't know the answer to this but,

Would it make any difference if the question was submitted in writing via certified mail. Sent to the SO and the RO asking the status of the claim?

Seems like computer IRIS ans telephone are ignored, but certified letters under the FOIA might do something.

What do you all think?

Jangrin

[RockyA1911]

Jangrin,

The answer to that is - my claim is not being rated by my jurisdiction VARO. They sent it to Cleveland RO for rating. If I contact Cleveland, they just refer me to the Chicago RO. Who in turn states my claim is located in Cleveland and they have no further information other than it is at the rating board. I cannot find out if it is being worked on or if it is just gathering dust. I asked the Chicago RO to contact Cleveland and find out what the deal is via IRIS and the service manager stated the same ole same ole. "Your claim is at the rating board at one of our service centers and you should receive a decision soon." I have five of those replies. No matter what I ask, that is always the answer.

I'm just trying to find out if there is some kind of statute or time limit that triggers a claim to be looked at once at the rating board for a long period of time without adjudication.

The way this is set up now it could go on like this infinitely unless there is some process in their system that triggers or red flags stragglers.

[Guest jangrin]

Rocky and Kenny,

We were told that my husband claim would be going to the rating board following his C&P exam. We called a couple of weeks following the C&P and sure enough when we called they said the claim had been sent to the rating board. We asked how long it would be there and they said it sould be there about 90 days. That's three months. If your claims have been at the rating board for more than 6 months I would think that either something is wrong, like they are waiting for something for your file, or information to come in or that it was shelved and noone has followed up on it or something.

I think something is diffinately wrong with 21 months wait. I would send a certified letter to the SO and your POA and also the RO and I would cc a copy to your local congressmans office. I would ask about the file and what was happening. And I would do this under the rules of the FOIA.

I would do this every week and send a cc copy to my congressman every week until I heard from the RO on my claim. Eventually they will respond or there will be a heck of a mailing record of them ignoring your request that your local congressman can track.

Maybe this might get someone to give some attention to your claim.To me it sounds like your claim has been sitting on a shelf somewhere and everyone thinks someone else is working on it. At least this is a way, to start to make some noise.

Jangrin B)

Edited November 20, 2006 by jangrin