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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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  • 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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aquitasveritas

Regulatory or Procedural Review

Question

So, I apparently had a regulatory or procedural review, which was started by the VA on August 8, 2014.  This procedural review was closed on 7/6/2017.  I called the 1800 number and the lady didn't know for certain what it was even for, as there wasn't a note regarding why it existed.  She then went to look for my form 9 and couldn't find it.  My initial claim was submitted July of 2012, and subsequently denied on all accounts.  I appealed their denial, which has been stagnant for some years now, without communication from the VA or my representative (i'm an idiot and obtained an attorney group).  Everyone I've spoken to at the VA has sidelined what the status of my appeal is.  The lady I spoke to, submitted a request to inquire where my form 9 is and why it is taking approximately 3 years.  She at least provided some positive forward movement and I am grateful for that.  I am wondering, does anyone know what may be going on?  Denver is the RO.  Anyone experience anything similar?  

 

 

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First, you indicated you hired an attorney..did you ask him or her, or did you fire the attorney?  

Its usually not a good idea to fire your attorney in the middle of an appeal.    

Unfortunately, 3 years is not unusual for a BVA decision, in fact, the BVA Chairmans report says its taking about 5 years for BVA to go to completion.  

Did you check with the BVA..do you have a docket number?  

Hopefully you sent the form I9 via certified mail return recept requested, or maybe your attorney filed that for you.   If you dont have a copy of the I9 and a certified mailing receipt from Va, it sounds like you may just be "another" victim of shredding.  Most Vets with shredded evidence do not know it.  The VA does not send you a letter, and state, "Did you know we shredded some of your evidence?"  No.  Instead, you find out the hard way..often years later...when you inquire as to the status of your appeal, and they state, "

Quote

 

What appeal?"...Oh, yea, it looks like you filed a NOD, but you never filed the I9, so its treated as an abandoned claim.  

Better luck next time.  You can always re apply."

 

This has happened to me multiple times.  Im sure hoping some VA execs get fired over this.  This is how they "reduced" the backlog.  They just "lose" your claim, often by inserting it in another Vets file.  It will take years to find it, if they find it at all.  

You need to resolve the issue of representation...the easiest way is to sign another POA.  

I think you should call BVA and ask them the status and your docket number.  You probably can not trust what your VARO tells you, they will make up anything.  

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Still have the attorney group representing me.  The attorney submitted the form 9 for me, which I'm not too awful worried about being a victim of shredding, as I have two, 2" binders full of VA documentation, medical documentation, military service information.  I'm pretty confident that decisions will be made soon.  My form 9 hasn't been certified to send to the BVA yet, so BVA doesn't have it, it should be at the regional office.  Who know's what's going on with my stuff.  You can never get a straight answer from these guys, one that speaks of resolution.  Every person you speak with that works for the VA has a different answer and will transfer you all over the place just to not have to answer your question.  Have you ever heard of a regulatory or procedural review?  What does this entail and why would they open one for 3 years? 

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 Have you ever heard of a regulatory or procedural review?

A "procedural review," as indicated in your electronic records and eBenefits, is generally associated with an internal review of a claims file to ensure a claim was processed correctly. When VA initiates certain actions, a three digit code is assigned to the action and is entered into the computer for tracking purposes. Since the three digit code has been entered into the computer system, it looks like a new claim has been established in eBenefits. We apologize for any concern this matter may have caused you.

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I've never heard of a regulatory or procedural review and queried what it was about, which the helpful VA person put in an inquiring for my claim.  I received a notice just today from the VA reporting that my claim is with the BVA and awaiting adjudication.  When I had spoken to the VA rep, they were able to access my file and it was with the RO.  So, with mail being the way it is, I don't know for certain if my claim has moved or not.  But I digress, the regulatory or procedural review was open for about 3 years and it doesn't appear as though any action had been taken upon my claim.  I'm as confused as one could get with the VA. Nothing more than a joke anymore.  

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Have you asked your attorney these questions?  

Yes, there are all sorts of "reviews" as checks and balances.   It almost sounds like you have been checking ebenefits too much and relying upon their information.     Check the BVA chairman's report, and understand you still have quite a ways to go.  

Given that your attorney has filed an I9, then you just need to be patient and wait.  

Trying to understand the internal workings of VA will likely lead to frustration. 

Like yourself, I used to think I had to know "everything" about "everything".  

My wife likes to keep it simple.  I learned a lot from her.  We need to "pick" the stuff that is important to know about, we cant know everything about everything.  

Unless you go to work for the VA as a DRO, you probably dont need to know about regulatory or procedural reviews, and the when, why, and how VA does them.  

(Its interesting for me, because Im always on the other side of the fence...wanting others to know details that they dont know, unless they could speak to the person who does them.)

Did you know banks pay interest on savings accounts quite differently?  Some pay on a 360 day year, some on 365, some on the "actual" number of days in the year.  

I learned about this, then filed it under "useless information".  

Do you know what a "subnet mask" is?  

My advice is to relax, not worry about the reviews, and let the attorney do his or her job.  You, should get a hobby, such as go fishing, play chess, or visit your grandkids while you wait.  

By the way, I have answered THOUSANDS of Vets questions and this is the first time I responded, "You dont need to know that."  

Its actually kinda nice, because people used to say that to me all the time.  

 

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