byjomat Posted November 24, 2016 Share Posted November 24, 2016 Pittsburgh RO told me I can't file a "Motion to Advance Docket" until I receive BVA's denial? Is this correct? Doesn't make sense...defeats the purpose of the "Motion"? Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted November 25, 2016 Moderator Share Posted November 25, 2016 This is a great example of the not only bad advice the VARO often gives, but it is also wrong and harmful. No, you do not wait for the BOARD denial to file for an advance, yes, you are exactly right that defeats the purpose of a docket advance. Tatto this on your arm: YOU CAN NOT ALWAYS BELIEVE WHAT A GOVERNMENT EMPLOYEE TELLS YOU. In fact, wasnt in Ronald Regan who said the most dangerous sentence is, "I am with the government and am here to help you." byjomat 1 Link to comment Share on other sites More sharing options...
0 jfrei Posted November 25, 2016 Share Posted November 25, 2016 That dude is an idiot this is why even though I had an attorney I emailed everyone. I filed my motion two months after I filed my appeal please don't listen to your guy. byjomat 1 Link to comment Share on other sites More sharing options...
0 Berta Posted November 25, 2016 Share Posted November 25, 2016 (edited) I never believe a word the VA says (unless it is what I want to hear) Chris Attig, veteran’s lawyer and hadit member has excellent info at his site regarding a Motion to Advance In Part: "38 C.F.R. § 20.900 The CFR is the Code of Federal Regulations – anything that appears in the CFR is by definition a Federal Executive Agency’s interpretation of the United States Code, and is issued pursuant to an Executive Branch Agency’s rule-making authority. Here’s how the CFR reflects the VA interpretation of 38 USC §7107 at 38 C.F.R. § 2.900(c)(1): “A case may be advanced on the docket on the motion of the Chairman, the Vice Chairman, a party to the case before the Board, or such party’s representative. Such a motion may be granted only if the case involves interpretation of law of general application affecting other claims, if the appellant is seriously ill or is under severe financial hardship, or if other sufficient cause is shown. “Other sufficient cause” shall include, but is not limited to, administrative error resulting in a significant delay in docketing the case or the advanced age of the appellant. For purposes of this Rule, “advanced age” is defined as 75 or more years of age. This paragraph does not require the Board to advance a case on the docket in the absence of a motion of a party to the case or the party’s representative.” https://www.veteranslawblog.org/how-to-advance-your-va-appeal-on-the-board-of-veterans-appeals-docket/ and I also suggest that you google M21-1MR, Part 1, Chapter 5, Section F, to get the entire pdf on this. It will show what the VA is supposed to do with this type of request. Or Google BVA Motion to advance on the docket and the M21- 1MR pdfs will be easy to open. There is also a Key Changes link from the VA as well dated January 2016 if you use the Google BVA Motion to advance on the docket search term…I hope those changes are here somewhere… It pays to always check for any M21-1MR changes before using it. Actually a Change to M21-1MR helped me win one of my claims. I sent them the entire M21 change version,. These requests need probative reasons ( the VA uses the legal term “good cause”,) for the criteria to advance on the docket.) I have a “ good cause” issue pending. That is the VA made no decision on it at all. It will be interesting to see what BVA does with that. I filed a timely NOD on a decision I felt was wrong based on a OGC opinion, that they refused to consider. I asked for the extension on the NOD however, for "good cause" because one cannot properly NOD any decision that is legally incorrect.I just wanted to see how the BVA would handle that , because it could be another way to get them to CUE themselves ASAP when a decision contains a legal error. When you file the Motion make sure your motion covers all basis in the M21-1MR stuff and the info at Chris's site. I wish I had taped the phone calls I got to and from the director of my VARO,not long ago. Some of the stuff she told me was ludicrous and certainly not VA case law at all- a tactic they had tried on me before and that didnt work for that claim either(SMC CUE claim) About a year ago they were trying to get out of granting a 100% P & T 1151 award and it didnt work---- but I still have the emails. Proof of the VA's downright incompetence, but also proof that they will often tell a vet or surviving spouse ANYTHING to get out of making a proper decision that involves Ca$h. We must use the regulations on our behalf (which means a lot of reading sometimes) because if we don't they will use them against us and probably get away with it,if we stay in the dark on what these regulations contain. Edited November 25, 2016 by Berta byjomat 1 GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted November 25, 2016 Moderator Share Posted November 25, 2016 (edited) Berta said it better than me. This is exactly the kind of thing which creates homeless Veterans. How do I know? Well I was desperate to save my home in 2003. I did not use the term "Advance on the docket" as I never heard of it. But I did tell my psychiatrist I was loosing my home. So, VA knew about it. What did they do? They delayed my claim still more. You see, homeless Vets can not fight VA well. They have no address, so VA can get away with much. Dont beleive Secretary Shinseki...the VA wants more homeless Vets. Delays in payments creates more homeless Vets. Vets can only survive a limited time with no income and not become homeless. Most people are that way. As a homeless man once explained to me, the difference between a homeless person and a person with a home is often 2 or 3 paychecks. The Bible says you should pay a worker "before the sun goes down". Deuteronomy 24:15. So, why should a Veteran have to wait years to get paid his compensation? Edited November 25, 2016 by broncovet byjomat 1 Link to comment Share on other sites More sharing options...
0 Berta Posted November 25, 2016 Share Posted November 25, 2016 It is ABSURD! and those retro dollars, ,once a claim succeeds , do Not have the same value as they would have if VA had done the claim right in the first place. If somehow interest could be tacked onto retro amounts, maybe that would speed up the VA...but that will never happen. jfrei and byjomat 2 GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
0 jfrei Posted November 26, 2016 Share Posted November 26, 2016 I was just thinking I'd be a different person then I am today had I be eligable to receive the care I deserved 6 years ago. But now my problem is permanent and the money just covers the amount of time I spent emailing, going to the VA, and obsessing what might happen as if we didn't know it was going to be a denial for half my remaining life. Hammer46 and byjomat 1 1 Link to comment Share on other sites More sharing options...
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byjomat
Pittsburgh RO told me I can't file a "Motion to Advance Docket" until I receive BVA's denial? Is this correct? Doesn't make sense...defeats the purpose of the "Motion"?
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Berta
It is ABSURD! and those retro dollars, ,once a claim succeeds , do Not have the same value as they would have if VA had done the claim right in the first place. If somehow interest could be tacke
jfrei
I was just thinking I'd be a different person then I am today had I be eligable to receive the care I deserved 6 years ago. But now my problem is permanent and the money just covers the amount of time
broncovet
This is a great example of the not only bad advice the VARO often gives, but it is also wrong and harmful. No, you do not wait for the BOARD denial to file for an advance, yes, you are exactly
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