Claim Process and Timeline

[8up4life]

For anyone who wants to know why a claim takes so long at VA.

You file a claim with VA.

VA Denies your claim without looking at any of your evidence. 1 Yr.

You file a NOD on the denial. 

VA then goes through the evidence looking for ways to legitimately deny your claim. 2Yrs.

If it is easy to disprove your claim you get denied within those 2 years.

If you have really good evidence supporting your claim they will low ball you with 10% to provoke another NOD.

You file NOD 

VA then simply pushes your file off to the side and makes no decision at all 5 + years

In the meantime you are indefinitely stuck in limbo not able to proceed to BVA on appeal. The whole process is basically a Constructive Denial from beginning to end.

Yes it is illegal. It is a Due Process Civil Rights violation against you, but it is ok, because mistakes happen, you cant prove it, and besides you have appeal rights.

If they were only looking for evidence to approve your claim the process would be much faster. 

Finagling and looking for ways to screw you while maintaining the appearance of following the law takes a lot of time and ignorance.

When you call them to check on the status they will tell you things like, it takes a lot of time trying to make sure they get everything accurate and correct, thank you for your service. have a nice day!

The problem is they never get anything right, EVER! Because they spend all of their time making sure they get it wrong, because hey, you got appeal rights...

Constructive denial. Beginning to end!

If this happens to you, You can rest assured that VA has determined your claim is fully legit and you are entitled to the full benefit sought! They just don't want to give it to you.

How they see it? If they award, you win, if they deny, you win, because your case will proceed to BVA if they deny... By either low balling you or not making a decision they can keep you at the VARO indefinitely.

Constructive denial is the term, look it up if you don't know what it is.

Stay away from DAV, American Legion, VFW...  

Get an attorney!

Edited January 8, 2018 by 8up4life

[hollywoodnc]

I AGREE with EVERYTHING in your post, BUT ONE...

"Get an attorney." WHY?

In the 15+ yrs waiting for these toads to resolve issues, I had THREE different atty's.

All three sucked.

One wouldn't call back, so as I can deduce if she was worth my time.

The other two wanted me to file for claims which I don't have (Tinnitus & PTSD).  Imagine if I had???

While I would have been locked up for defrauding a Federal Agency, the atty would be making a deposit based on my stupidity of listening to his advise.

I trust lawyers as far as I can throw them!!!

[8up4life]

I see your point.

I have dealt with some pretty bad attorneys before for other issues.

I should have said a reputable attorney.

I was referred to my attorney on this site and I am happy with him so far.

[kevintischer]

my attorney has been doing very well for me. He got me an IME that even I was impressed.

[Vync]

It really does boil down to the knowledge and experience of the person. Sometimes attorneys and VSO's can be beneficial. I personally had a really good DAV rep with a lot of quality experience, but after she retired I found the replacement personnel to be lacking. That was years ago, so no telling how they are now, hopefully better.