Vike 17- What Exactly Is The Process?

[Guest jangrin]

Vike 17,

It is fairly apparent that you have had or currently have exposure and experience in the VA claims process. It would be really nice if you would take a few minutes and explain the claim process (ideally the process) the typical claim takes through the VA maze and the steps it takes to be processed and granted. Start to Finiah.

I understand that their are many problems and things don't go smoothly, but having an idea of what happens and typically how long it should take and how many different people are assigned to each file and who makes the detrmination.

You know what I mean, the flow chart of a typical claim. It would be most helpful. And please who are those people who answer the 800# and the IRIS inquiries. Why so many different answers to questions that contradict each other? Help us out here maybe with some addtional knowledge we can be more productuive and help unclog the VA claims systems by doing our part more completely or something.

Thank you

Jangrin

[dougbo1943]

Vike

Thanks

Gunny

[Guest jangrin]

Vike 17,

WIth the really high percentage of claims being denied by the VA and then NODed and later appealed by the veterans. Why do we not hear about the VA claims people ever contacting and interviewing the veteran regarding thier claim in the beginning before they make a decision of denial?

What I mean is, why don't the raters ask for an in person meeting during the initial claims process before they deny, instead of waiting until the veteran does the NOD and asked for an in person hearing.

Is it the general concensis of the VA compensation raters and administrators that the veterans are incapable of helping the raters. I get the feeling that there is so much anamosity going on that the VA claims people are afraid of the veterans.

Why do you think the VA raters do not interview the vets, it clearly states that they have that option, yet they fail to put it to use to aid them in their decision making.

Thank you for your response.

Jangrin

[Objee]

Vike 17,

WIth the really high percentage of claims being denied by the VA and then NODed and later appealed by the veterans. Why do we not hear about the VA claims people ever contacting and interviewing the veteran regarding thier claim in the beginning before they make a decision of denial?

What I mean is, why don't the raters ask for an in person meeting during the initial claims process before they deny, instead of waiting until the veteran does the NOD and asked for an in person hearing.

Is it the general concensis of the VA compensation raters and administrators that the veterans are incapable of helping the raters. I get the feeling that there is so much anamosity going on that the VA claims people are afraid of the veterans.

Why do you think the VA raters do not interview the vets, it clearly states that they have that option, yet they fail to put it to use to aid them in their decision making.

Thank you for your response.

Jangrin

Good questions, Jangrin! I asked for a face-to-face with the DRO in my NoD. Last I heard my claim was at the rating board. Never had a C&P, never had a face-to-face. Got low-balled on first decision. No idea what'll happen at this point. Man, if it isn't what I asked for (60% + TDIU & P&T), I'll be really Pi**ed. Search and destroy!!

Ralph

[Vike17]

Jangrin,

While it is true a veteran can request a hearing in front of the decision makers at VA at anytime during their claim process, the VA, however, "will not normally schedule a hearing for the sole purpose of receiving argument from a representative" The purpose of a hearing is "to permit the claimant to introduce into the record, in person, any available evidence which he or she considers material and any arguments or contentions with respect to the facts and applicable law which he or she may consider pertinent" Now, you may say this somewhat contradictory because the regulation states that the purpose of the hearing is "...any arguments or contentions with respect to the facts and applicable law," but then states that a hearing won't be scheduled for the dole purpose of "receiving argument." What this means is the VA won't schedule a hearing if the veteran is just going to argue, for example, why he/she thinks a certain IMO should be afforded a certain amount of weight in the rating decion. The VA should schedule a hearing if the veteran has evidence or arguments that have a certain "applicability to the law." The words "with respect to the facts and applicable law" are the key here.

I suspect the reason why VA doesn't schedule many hearings while the claim is in its initial process, is because the veteran just wants make an argument as to why they think they should be awarded service-connection and not actually submit any pertinent evidence that have any bearing with the law. Most of the hearings would probably be really subjective in nature and not really accomplish much except for getting the blood pressure up of the veteran and giving the RVSR a headache!

The regulation for hearings is §3.103©;

"© The right to a hearing.

(1) Upon request, a claimant is entitled to a hearing at any time on any issue involved in a claim within the purview of part 3 of this chapter, subject to the limitations described in §20.1304 of this chapter with respect to hearings in claims which have been certified to the Board of Veterans Appeals for appellate review. VA will provide the place of hearing in the VA office having original jurisdiction over the claim or at the VA office nearest the claimant’s home having adjudicative functions or, subject to available resources and solely at the option of VA, at any other VA facility or federal building at which suitable hearing facilities are available. VA will provide one or more employees who have original determinative authority of such issues to conduct the hearing and be responsible for establishment and preservation of the hearing record. Hearings in connection with proposed adverse actions and appeals shall be held before one or more VA employees having original determinative authority who did not participate in the proposed action or the decision being appealed. All expenses incurred by the claimant in connection with the hearing are the responsibility of the claimant.

(2) The purpose of a hearing is to permit the claimant to introduce into the record, in person, any available evidence which he or she considers material and any arguments or contentions with respect to the facts and applicable law which he or she may consider pertinent. All testimony will be under oath or affirmation. The claimant is entitled to produce witnesses, but the claimant and witnesses are expected to be present. The Veterans Benefits Administration will not normally schedule a hearing for the sole purpose of receiving argument from a representative. It is the responsibility of the VA employee or employees conducting the hearings to explain fully the issues and suggest the submission of evidence which the claimant may have overlooked and which would be of advantage to the claimant’s position. To assure clarity and completeness of the hearing record, questions which are directed to the claimant and to witnesses are to be framed to explore fully the basis for claimed entitlement rather than with an intent to refute evidence or to discredit testimony. In cases in which the nature, origin, or degree of disability is in issue, the claimant may request visual examination by a physician designated by VA and the physician’s observations will be read into the record. (Authority: 38 U.S.C. 501(a))"

Does this make sense?

Vike 17

[Ricky]

Vike, I think 3.103 is clear. The purpose of a hearing is to allow a CLAIMANT, in person, to present argument etc............. VBA will not normally schedule a hearing for the sole purpose of receiving argument from a REPRESENATIVE. I think the intent of the law in this area, since it is concerning the claimants due process rights is that the VA will and must meet with the CLAIMANT for any purpose, however, if a howdy doody VSO just wants to argue some point, oh well.........................

[Vike17]

Ricky,

The majority of the time when a veteran requests a hearing, their VSO attends it with them. Now, I'm sure everyone and their brother will come back and rebutt this by saying "I don't have a VSO and I was denied my rights to a hearing ect....."

The fact of the matter is, whether or not a claimant or SO request a hearing, they have to present evidence with "respect to the facts and applicable law." Many times this does not happen and a hearing becomes very subjective.

Vike 17

Edited January 2, 2007 by Vike17