To RAMP or legacy appeal?

[autumn]

recently one of my claims was denied and attorney is appealing it. the VA C&P agreed with the claim and attorney mentioned the denial was bogus/bs.  pretty sure that was at the DRO level. 

attorney asked me if i want to RAMP this appeal or legacy appeal.  we already waited almost 3yrs when this denial came in and likely another ~3 years when it is legacy appealed, not  on the RAMP system. my understanding is we don't lose appeal power going with RAMP, is that correct?  attorney isn't getting worse results with RAMP than say the legacy appeal way i'm told.  before i green light RAMP i want to ask, are veterans choosing the RAMP path now & finding it worth it say vs the legacy appeals?

[63Charlie]

My attorney is suggesting going with RAMP soon.

I sure hope you find this info.

If it is true, RAMP invalidates the effective date of claims.

Edited February 14, 2019 by 63Charlie

[JKWilliamsSr]

I saw it from this thread

I guess a lot may have to do with interpretation so I guess we may have to see what happens when the rule goes into affect.  I am not sure of the VA can make new rules concerning the effective date of a claim since there is specific case law pertaining to effective dates.

However, I will have to concede that your attorney will definitely know more than I would on this matter. I am truly a novice when it comes to this.

 

Edited February 14, 2019 by JKWilliamsSr
correct a typo

[FormerMember]

On February 19th, the pathway to the BVA RAMP opens. I have 6 clients I'm putting into the process. Many are CUE claims. Obviously, if you claim a CUE in 1970 or 1993 as I am for my clients, they cannot artificially give a haircut to the CUE and arrive at an effective date of 2018. That's a mighty tall violation of due process. Not sure who is spreading the rumor about earlier effective dates. I did see some discussion to that effect in the SCR and HLR lanes but nothing in the Fed. Register or the published PL 115-15.

I remain confident the time involved in litigating in the Legacy system of appeals will gradually diminish. After all, isn't that the point of RAMP-to reduce the backlog and clear out the "docket closet"?

[vetquest]

Asknod, I hope you are right but I am worried RAMP will become the legacy appeal process as it bogs down and dies.  If it does not then we were getting ripped off for years on the legacy process.

[autumn]

2 hours ago, 63Charlie said:

Please elaborate on the rules where you state back pay is lost by doing RAMP.

and soon too please, as i need to make a decision soon. thx

2 hours ago, JKWilliamsSr said:

Everything I have read so far tells me that everyone should get as far away from the RAMP process as they can.  It is nothing more than quick denial and if the new rules are correct it screws you over on back pay.  

i sorta had that in the back of my mind too which is why i wanted ask other veterans here about it. do let us know the links where you read that please.

[autumn]

2 hours ago, JKWilliamsSr said:

I saw it from this thread

I guess a lot may have to do with interpretation so I guess we may have to see what happens when the rule goes into affect.  I am not sure of the VA can make new rules concerning the effective date of a claim since there is specific case law pertaining to effective dates.

However, I will have to concede that your attorney will definitely know more than I would on this matter. I am truly a novice when it comes to this.

 

thanks for that. after viewing what @broncovet wrote,

"If you are submitting new evidence that could result in an effective date of MORE than 1 year back, then your best bet may not be to opt into RAMP SCL for reasons I outlined above. The way I interpret the new regulations is that you can not get an effective date MORE than a year back by submitting new, relevant evidence in the SCL.  

Thus, if you anticipate submitting new evidence that could result in retro more than a year back, it may be in your best interst NOT to opt into RAMP.    Read the regulation I posted above, counsut with professionals, then decide for yourself.  "

i now have reservations about going RAMP way. but with the info you & others at that link provided i can know ask my attorney a few pertinent questions i didn't know to ask until now. and current RAMP rules seems to be changing Feb 19, 2019 if my reading understood correctly.  thx