To "RAMP" or not to "RAMP"

[broncovet]

As many may know, Congress has passed new legislation which essentially requires VA to cut down on appeal backlog.  This plan is known as "RAMP".  

Currently, only Veterans who ARE INVITED by VA can elect to go with RAMP.  Im not sure it will do much good to write to VA and tell them you want RAMP, tho its POSSIBLE that VA may grant this request.  

A well known law firm has published some credible, and valuable information on RAMP.  If offered a chance to "RAMP" through a VA letter, its probably a good idea to:

1.  Just do it and go for RAMP.

2.  At least read the following before declining ramp, and discuss this with your representative.  

https://cck-law.com/news/news-cck-live-revisiting-ramp/

MY summary:

    UNLESS you have a compelling reason, opt "in" for RAMP.  

    CCK says you should not do RAMP if any of these would harm your claim:

However, veterans should fully consider that participating in RAMP means:

• not being able to appeal to the Board until at least February 2019.
• not being able to take their claim directly to the Board of Veterans Appeals.
• never going back to the legacy appeals process.

 

 

[pwrslm]

3 hours ago, Richard1954 said:

Guess again, I just had  a case at the BVA that took 10 years to get there......I'm not kidding this is not laughing matter, 10 long years......

I think that this is the exception rather than the rule. If it took 10 years for everyone to get a NOD replied to the stink would really make the VA pay attention. Press would be all over that!@!

I'm not even sure I will get a SOC by then (if they dont grant my increase).

[broncovet]

6 hours ago, AprilNC said:

 I'm so glad I'm not the only person who thinks an attorney might not be in a big hurry to get your appeal settled because the longer it takes the more they stand to gain. My husband hired this attorney in 2011 before we met. Until I started handling the contact with the VA and the attorney literally nothing was done in John's favor for 5 years for the last 3 years I have been the one filing out all of the paperwork and submitting all of the necessary documentation. Unfortunately his "attorney" will gain from my work and I don't think there is anything I can actually do other than count that 25% as a loss.

April:

    You can fire the attorney.  However, I think that attorney's want to get paid as bad as we do, and sooner is better when it comes to paydays for the attorney or us.  

    Of course, I dont know what is going on with your attorney, but my attorney does "not" want me filing paperwork..at least not without consulting him first.  Something not quite right is going on there.  Have you discussed this issue with your attorney??  

[Pockets]

The VA received my NOD November 2016 and I just received my invitation to RAMP. It is still saying the Board will not process your appeal under the new streamlined process until the new law becomes effective no earlier than February 2019 so I wouldn't trust the October 2018 statement. 

I have a lawyer through the NVLSP and I am going to see what he has to say. I believe they will make the best decision for me because they are pro Bono and gain nothing by holding up my claim.  I'm curious myself and will respond when I have his opinion.

[ErinNick]

On 5/4/2018 at 6:24 AM, broncovet said:

Erin...yes, effective date claims are some of the most complex there are.  There are lots of ways for the Veteran to go wrong.  For example, your effective date is the LATER of the facts found or date of claim.  

So, VA could claim you didnt get the disorder until a c and p exam in 2017.  If the doc said that your disorder didnt begin until then, you will need an IMO/IME to refute his opinion.  Did you check that exam.?

broncovet - 

He was officially diagnosed with PTSD by a VA doctor at the Waco hospital in 2013, so even if he had the C&P in 2017, wouldn't they base the diagnosis from 2013?  He isn't expecting to be compensated all the way back to 2013.  Just from the date he filed the Intent to File, which was September of 2015.

[Richard1954]

On 5/6/2018 at 2:00 PM, pwrslm said:

I think that this is the exception rather than the rule. If it took 10 years for everyone to get a NOD replied to the stink would really make the VA pay attention. Press would be all over that!@!

I'm not even sure I will get a SOC by then (if they dont grant my increase).

I don't think it was the exception...actually I have been told 10 years was really fast.... go figure.... 

[paulcolrain]

has anyone else received a letter from this program???

the letter is like in red block saying URGENT URGENT WE HAVE NOT RECEIVED A RESPONSE FROM YOU!!!!! YOU MUST RESPOND NOW!!!!