Above the RO (or BVA) paygrade

[broncovet]

If you think you have an earlier effective date, or otherwise should get benefits back 5 years or more (such as VA ignoring either your claim or your request to reopen under 3.156), then I suggest you consider an attorney.  

Quite simply, neither the VARO nor the BVA like handing out 6 figure retros like they are candy in your VSO's office.  Its "above their paygrade" to award 6 figure retros.  Sure, they will deny that until the cows come home, but watch what happens, not what they say.  You are likely gonna need to go to the CAVC and have a judge order the Board or your RO to do this.  And, dont even think of going to a gunfight at the CAVC with a knife (VSO).  Bring your own attorney, instead.  If VSO's are so effective, then why does the VA hire 500 lawyers waiting to fight you tooth and nail to deny you?  Why dont THEY use VSO's instead???  The answer is they want you to be outclassed and out gunned..with VA's own 500 strong legal staff, against your poorly trained, overworked, and undercompensated VSO.  

Six figure retros awarded pro se or through a VSO are as rare as hens teeth.  You have to have a dog in the fight with very big teeth to get those big retros, and VSO's, who are compensated by the VA, are all bark and no bite, when they say stuff like, "Oh, dont waste your money on an attorney when A VSO can do it for you."  Sure, your VSO can usually find where to mail your 21-4138 to, but dont count on him to REALLY argue your case for you.  For proof, notice that claimants represented by attorney's are denied at the Board just 13% of the time, while the VSO's get denied about double that.  Source:  BVA Chairmans report, 2014.  http://www.veteranslawlibrary.com/BVA_Chairmans_Report.htm

 

Edited January 20, 2016 by broncovet

[HorizontalMike]

Wow!  Checked out the link and the 2014 report,  "Life Cycle Chart" on page 30 specifically.  As I wait for an appeal Rating decision, it will take me another three years to get a BVA decision and who knows how much LONGER to get one from the CVA!  Considering that my claim is already 3 1/2yr old I am flabbergasted!

[broncovet]

Yes, people need to know how long the VA REALy takes to process a claim, and not just what VA says about them being processed in 125 days, prior to election time.  Its about this time, when politicians claim to care about Veterans and their benefits...at least until the election is over.  Senator Barack Obama howled that Illinois Veterans received much less than many/most other states, but I have not heard a word from him eliminating the Regional Office approval rate disparity since he got elected president.  

  I have waited 14 years, and I really dont expect this to be fully resolved until year 2022, which is how long it took Alex (Asknod).  

I remember, years ago, when a Veteran told me he had applied 5 years before, and I could not imagine, in my wildest dreams, it taking 5 years.  I now know that 5 years to actually get your benefits is fast for the VA, as many if not most of us have been at it at least twice that.  

[HorizontalMike]

I just happy that my TDIU 100% started this past December.  Does not help my lawyer going forward, only to get the "Correct" effective date some +2yr back in time.  THAT alone is ~$80k.

[HorizontalMike]

double post deleted

Edited January 21, 2016 by HorizontalMike