HR 2288 and comments by John Wells

[Berta]

https://www.govtrack.us/congress/bills/115/hr2288/text

 

http://thehill.com/blogs/pundits-blog/healthcare/336367-va-appeals-reform-bill-strips-due-process-from-veterans

Commander Wells calls attention to Section 2 (e) and the VCAA changes.

 

[Vync]

I guess some of the reps don't want to get re-elected

[pwrslm]

When I read this, they can still kick it back for correction of duty to assist errors.

I also looked at (g), that actually makes Denovo review of denied claims legit finally before an appeal is submitted.

(g) Higher-level review by agency of original jurisdiction

(1) In general

Chapter 51 of such title, as amended by subsection (f), is further amended by inserting after section 5104A, as added by such subsection, the following new section:

5104B.

Higher-level review by the agency of original jurisdiction

(a) In general (1) A claimant may request a review of the decision of the agency of original jurisdiction by a higher-level adjudicator within the agency of original jurisdiction. (2) The Secretary shall approve each request for review under paragraph (1).

 

(b) Time and manner of request

   (1)A request for higher-level review by the agency of original jurisdiction shall be—       (A) in writing in such form as the Secretary may prescribe; and       (B) made within one year of the notice of the agency of original jurisdiction’s decision.    (2) Such request may specifically indicate whether such review is requested by a higher-level adjudicator at the same office within the    agency of original jurisdiction or by an adjudicator at a different office of the agency of original jurisdiction. The Secretary shall not deny such request for review by an adjudicator at a different office of the agency of original jurisdiction without good cause.

 

(c)Decision

Notice of a higher-level review decision under this section shall be provided in writing and shall include a general statement—

  (1) reflecting whether evidence was not considered pursuant to subsection (d); and   (2) noting the options available to the claimant to have the evidence described in paragraph (1), if any, considered by the Department.

 

(d) Evidentiary record for review

The evidentiary record before the higher-level adjudicator shall be limited to the evidence of record in the agency of original jurisdiction decision being reviewed.

(e) De novo review

A review of the decision of the agency of original jurisdiction by a higher-level adjudicator within the agency of original jurisdiction shall be de novo.

[Gastone]

May have missed something, but it sounds like a DRO Review or Hearing without the mandatory requirement of "Submission of New & Material Evidence not available to original Rater."

As with the VA's recent (15 or 16) "Official Request for Review," I don't believe either Review Request eliminates the necessity of a timely filed NOD.

Vet's relying too heavily on the VA's somewhat sketchy "Duty to Assist," either in their initial Claim or Appeal, do so at their own peril. Remember who and what we're dealing with. This holds true for many VSRs as well, you're just ONE of many Claims or Appeals.

Semper Fi