new 30 day claim

[abnrgr88]

Hello friends,     Has anyone had any experience with filing under the new 30 day claim option?  Was it helpful?   Will they be as fair as if it were the regular 30 day filing period!  Thanks!

[jfrei]

It’s depends on helpful You are getting them the evidence in some cases others the amount of work needed not plausible and they send it the regular route anywho. But even if they send it the old way send in records and evidence through ebenefits or vets.gov whatever you have so it becomes a record on your online medical record.

[broncovet]

"Yea, right".  Claims are "supposed" to be done in order received.  So, if my claim has been in 4 years, and yours comes in 2 weeks ago, I'd be pretty upset if they were working on yours and letting mine sit.  Still, this can and does happen, as it makes new bosses look good:  "Gee, I got claims out in 30 days".  To that, I say, as Colonel Potter would say, "horse puckey".  

    One ex rater pretty much called me a liar on another site, saying a claim wont sit around that long.  Not true.  Claims get overlooked all the time.  CAVC sees it enough they even have a name for it. "Deemed denial".  When one issue is adjuticated, and another is not, the unadjuticated claim is "deemed denied".  However, this conflicts with 38 cfr 3.103, and newer cases have backed off on this, saying that the claimant should be able to understand his (issue) was denied.  

     The 30 day thing is in conflict with the long standing, "first come first served".  If you were waiting for breakfast 30 minutes, would you want groups of people seated in front of you that had been there 2 minutes?  Denny's had a lawsuit over this very issue, as the patrons said it was because of their race.  I think Denny's settled it for thousands of dollars.  

     VA loves to seperate claims from appeals.  At the BVA, they do claims strictly in "docket order", UNLESS you have been approved for an "advance on the docket" from hardship, terminal illness, homelessness, etc.  

      Yes, the 30 day claim promise may help you if you are a new claimant.  It does put pressure on them to complete your claim quickly, so they can deny and put you in a 4 year appeal line.  About 15 percent of first time claimants are awarded benefits, and 85 percent are denied, according to some reliable vets advocates, including me and my own history.  

Edited April 28, 2018 by broncovet