ramp question

[gbat]

Hi All,

Trying to figure this out. In the Higher-Level Review lane, veterans’ claims will be review “de novo.” This means a senior claims adjudicator at the VA will take a look at their entire claims file. In this lane, the record is closed, meaning veterans cannot submit new evidence. The higher-level reviewer will look only at the records already in the veterans’ file at the time of the initial decision.

Does this mean they will only look at records at the time of the original claim or evidence I submitted for NOD for one, and a IMO for an appeal directly to Board. Nod going on 26 months and appeal to board states I am 180, 625th in line. Should I do it? my VFW VSO says don't do it.

Any advise will be helpful!

 

Thanks

Gbat

[broncovet]

It means what it says.  If you have new evidence, you should use the "other" level of review for ramp.  

Yes, many VSO's (and attorney's) are advising clients "not" to opt in to RAMP.  I think this is a dis service to VEt, and bad advice.  

Here is why:

It boils down to "self interests".  VSO's want to keep their job, and if Vets can get their appeals done in a few weeks, then they dont need a VSO any more.  Its job security.   Ditto for attorneys.  Dont ask a Ford dealer if you should buy a Kia if you want an honest answer.  

 

Instead, opt in to ramp and select the level best for you.  Obviously, if you have new evidence, dont select the one you mentioned.  

[Unique11128]

8 minutes ago, broncovet said:

It means what it says.  If you have new evidence, you should use the "other" level of review for ramp.  

Yes, many VSO's (and attorney's) are advising clients "not" to opt in to RAMP.  I think this is a dis service to VEt, and bad advice.  

Here is why:

It boils down to "self interests".  VSO's want to keep their job, and if Vets can get their appeals done in a few weeks, then they dont need a VSO any more.  Its job security.   Ditto for attorneys.  Dont ask a Ford dealer if you should buy a Kia if you want an honest answer.  

 

Instead, opt in to ramp and select the level best for you.  Obviously, if you have new evidence, dont select the one you mentioned.  

So I selected HLR my original claim was filed in Houston..I had a DRO hearing back in 2015 but she denied me again. Now that I'm in. Ramp does it stay in Houston? If so will it stay with the same Dro. Any information would be appreciated.

 

 

 

 

 

[broncovet]

IN VSO's and attorney's defense, part of the reason they dont like RAMP is just as you pointed out:

FEAR of THE UNKNOWN.  

So, the short answer is its unlikely anyone has yet had experience with RAMP yet, its just too new.  

However, the way I see it is this.  VA appeals system is broken.  Badly.  If your car is on fire, and someone offers you a hand to pull you out, are you gonna insist on seeing their ID first to make sure they are not a fake fireman?  Nope, I think you are gonna be glad to see that hand and get out of that burning car no matter who is attached to that hand.  

In a similar way, the current VA appeals process is "in flames", taking 5 plus years.  This is unacceptable.  Grab that hand, and let them pull you out of the flames, then thank the person who pulled you out of the fire.  

Yes, that hand may be someone with bad intent for you.  Figure that out after you are pulled from the buring car.  

Ramp may be scary, but isnt waiting 5 years for a decision at the BVA just as scary??? 

[gbat]

Thanks,

I think I am going for it.

[Wayne TX]

I took the plunge into RAMP 3 weeks ago.......I got an invite on April 2, but I still waited 5 weeks more because I wanted to hear more and read more reviews.   it comes down to exactly what Bronco says.......RAMP is more scary to VSOs and Attorneys than it is to the Veteran.  We (Veterans) want results in 125 days - not 4/5 years waiting out the Legacy backlog.  RAMP may make some mistakes but it does hold the promise of a faster resolve and even if denied we can still opt into other lanes faster than still staying put in Legacy backlog.   

Edited June 1, 2018 by Wayne TX

[broncovet]

Correct.  Of course, the VA "never" makes any mistakes with the Legacy appeals process, right?  Oh, wait!  IF the VA did not make any mistakes, then there would be no need for ANY appeals.  

As for me, Im sure the VA will make mistakes with either the Legacy or Ramp, but I would like to fix those mistakes in 3 months vs 5 years, so I would opt in to Ramp AGAIN.  

THIS is the frustrating part.  Everyone makes mistakes.  It just should not take 5 years to fix those mistakes, all at our expense!!!  

It would be like if we went to the grocery store.  The item is priced at 59 cents.  We take it up to the clerk, our bill is hight and we see on the receipt its priced at $590, instead.    So, we bring this to their attention, and they tell us its a 5 year appeal review process, they just cant refund our money before they take it to a board of judges.  

So, we get mad, contact our credit card company, and tell them that, "Im not paying almost 600 dollars for a grapefruit."  

The grocery store tries to tell you that its your fault.  YOU bought the fruit, and the Grapefruit was in the wrong place, and the 59 cent price had expired.  So, you have to wait for 5 year to try to get your money back, because other customers have appeals ahead of you, as there is a backlog of appeals.  Of course, this is not the grocery store's fault.  It must be another customers fault for moving the fruit to a different place, where it was mispriced.  

PHOEY!!!!!   Im going somewhere else.  I wouldnt buy from that store if I was starving.  Then, when I am starving, I dont trust them at all.  I wonder why!!!!!!  

I dont see how making a Veteran wait 5 years on his appeals "somehow" improves the quality of the decision.  The judge does not dwell on the answer 5 years..the BVA completes the decision in a matter of days.  

What happens is that the case is assigned to a "wanna be" law student, who researches it and prepares a decision for the judges review.   He only has a few days to do this.   The judge then decides if the rookie lawyer to be's decision is accurate or no, and either makes changes to it, or approves as written.  There is no 5 year research project.  Its all completed in days or even hours, its just there is a very long line to get to the judge.  

Edited May 31, 2018 by broncovet