Attorney Fee Eligibility Determination

[8up4life]

Hard to believe no one ever asked what this is or how it works.

Kept in the dark about EVERYTHING, until it is complete, despite the fact that an attorney fee has absolutely no bearing on what your final ratings are.  

Any idea how long VA will force me to look at this status?

Edited October 11, 2018 by 8up4life
update

[8up4life]

BVA only establishing service connection.

There is nothing for me to appeal except the ratings and EED that will be coming from the RO.

They got me unnecessarily waiting 120 days despite the fast letter.

VA Perpetuating the Backlog.

 

Edited November 7, 2018 by 8up4life

[jfrei]

Another way to possible speed it up is to talk to your local congressman or senators office it’s what I did. I never even spoke but two times on the phone to his VA rep for him office and they submitted a congressional inquiry, its one way to fast track it and if you have a hardship as well. But if not the congressional inquiry puts alittle push behind it not sure if your in Delaware I can give you the number to Senator Coons office. I found it on google I just put my “state” quotations  and then “Senator” “email” should do the trick.

[FormerMember]

On 11/6/2018 at 8:58 AM, SgtStelmo said:

Hello 8up,

I think you are correct when you state they are waiting for the 120 days to lapse.  That is because the Order is not a Final Order until the appellate period has closed.  Even though one might have a favorable decision the VA can choose to appeal.  (This only applies to cases at the CAVC.).  The CAVC is the first level where the proceeding is 'adversarial', and the VA is formally the opposition.  

Why would a Vet appeal a favorable finding of fact to the CAVC? The Court would declare it moot as there is no case or controversy. (38 USC §7262)

<<<(This only applies to cases at the CAVC.)>>> It also applies to the CAFC and the SC. (38 USC §7292). 

[jfrei]

On 11/12/2018 at 12:17 PM, asknod said:

Why would a Vet appeal a favorable finding of fact to the CAVC? The Court would declare it moot as there is no case or controversy. (38 USC §7262)

<<<(This only applies to cases at the CAVC.)>>> It also applies to the CAFC and the SC. (38 USC §7292). 

True but in my case the appeal was won they said it was permanent, but the award said no dea benefits. Which is why I appealed and the RO saw the mistake and change my award letter to P and T  with DEA ChampVA benefits. Appeal complete 21 days just last June 2017. I’m just giving an example of why you may appeal a win at the BVA...

[FormerMember]

Technically, that isn't an appeal to the BVA. It is a disagreement with the BVA's conclusion of law. That's what your advocate is for. When a decision comes out, we have three working days to object and tell them what they screwed up. They fix it without an appeal. In fact, there's a little widget after the decision in VBMS after a rating decision we click on to say we agree with it. If we don't agree, we contact our Change Management Agent and ask them to contact the rater to ask if s/he's illiterate and can't decypher the BVA decision. Remember, they depend on the M 21 to write the decision. They're virtually brain dead without it.

While I understand most of you do not have proactive VSOs, they are notified via VBMS that the decision has been promulgated. Under no circumstances can you file a NOA to the CAVC from a BVA decision to obtain DEA. The BVA Judge doesn't "award" a decision. They award an entitlement via a finding of fact and a conclusion of law. The RO is then tasked with writing it up. If the RO refused to give it to you in spite of what the BVA decided, you'd file an Extraordinary Writ of Mandamus to the CAVC asking for relief. 

[8up4life]

I heard only VSO's have access to the VBMS and can review decisions. Attorneys can't.

The ratings were done on Aug 28th and the attorney fee has been withheld since Sept 10.  

Right now I am just waiting for a rating decision and retro deposit which should have came at the same time the attorney fee was withheld.

I am being told that my case is still sitting in the attorney fee coordinators office waiting for transfer back to the AMC for final authorization.

Just sitting there over 2 months waiting to be transferred. 

Edited November 17, 2018 by 8up4life