Updated Timelines

[Indy_CV62_OS]

Not necessarily a question but this is my first post here.  Let's begin with my timeline so far:

2005: Initial Claim
2006: Denied
2007: Reconsideration Denied....I gave up
Aug 2013: Submit new claim
2014: Denied; Filed NOD got SSOC
Feb 2016: DRO Hearing; Phila.
Sep 2017: Granted 60% Combined...Filed NOD
Nov 2017: Filed Form 9

The average time to get an Appeal Certified is about 623 days or about 1 year and 9 months
The average time to get a Hearing from Certification is 519 days or about 1 year and 5 months
The time it takes to reach completion of Legacy Appeal Process is 683 days or about 5 to 6 months after the Hearing

As of this post, the average number of decisions dispatched per week is 1729

I am currently researching Congressional Hearing from April 2015 regarding the Phila. & Oakland RO Whistleblowers.  I do not yet know what kind of Forum this is.  From the forum I used to belong to, you could get your pee pee slapped for even hinting at problems at VA.  I'm very thorough with my research and I hold nothing back.  I'm extremely passionate about the abuses to Veterans and I will always call a spade. a spade.  I am apolitical; I have no horse in that game and I was taught very well by George Carlin since the mid 1970's.  If this will be a problem here, just tell me and I will leave.

Ray

 

 

Edited April 21, 2019 by Indy_CV62_OS

[broncovet]

I have filed a Writ.  It was denied, just like "virtually all of them".  However, prior to the denial of the Writ, the VARO submitted a "response" to my allegations in the writ, the VARO agreed there was a "list of actions" the VARO needed to take.  

One of those "actions" the VARO themselves identified that they needed to take was to adjuticate TDIU (which they had not done in the 7 years prior!)

Probably less than 3 months after the Writ denial, I received a 100 percent P and T rating.  They "adjuticated" TDIU as "moot" with my 100 percent P and T.  

Is this coincidence?  I think not.   Alex explained that VA is petrified of a Writ Award.

Alex has filed at least one writ also, and he has not, to my knowledge,  ever got a writ awarded, just like the rest of us.   

A writ is a good tool.  I do think you need to do your best when you file it, but the message it sends to the VARO is: 

Quote

Im not putting up with your BS anymore.

You do need to "paper" the writ.  For example, send an IRIS email, or a letter (certified) that you have not yet received a decision on your collapsed lung claim in XX years.  

The court wont allow a writ to be used as an alternative to an advance on the docket.  You have to have "no other alternative", which means you TRIED alternatives, and you need to document that you tried.  

I think the important thing in a writ is to motivate the judge to ask the VARO for a "response".  That is key.  

The judge does not have to ask the VARO to a response to your allegations.  He can simply deny your writ as its without merit, especially if you did not persue alternatives..such as writing to VARO, email them through IRIS, re apply, etc., etc.  

You need to show that your writ is the last resort, and "paper" it to prove that.  

Example: 

Quote

 

  "Even tho the Veteran sent in 3 seperate TDIU application forms, on seperate occassions, sent IRIS emails on 4/2 2018, 5/4 2018, and 7/4 2018, the VARO has failed to respond and adjuticate or even acknowledge that the TDIU is in progress."

     Therefore, since the VARO has repeatedly ignored the Veterans alternative means, the Vetren requests the court intervene and demand that TDIU be adjuticated in a prompt manner.  The RO's lack of response to at least 5 requests from the Veteran, indicates they have no intention of compliance except by this writ."

 

The above quote is  my own words paraphrasing my own writ.  The writ was a success, even tho it was denied, because it accomplished its purpose:  Forcing a decision on TDIU that had gone on unadjuticated for 7 full years.  Notice I did not put the "time issue" in there. 

    The courts dont want to put a time limit on what is too long a time for VA to adjuticate.  (Even tho they should do just that!!).  Knowing this, I tried to show there lack of response, not that "the VA took too long to adjuticate".  

     You see, the court has not defined how long "too long" is.  5 years?  10 years?  How long is too long.  The VA has a pat answer:   

Quote

 

"Gee, Mr. Veteran, were very sorry it took so long to process your claim. Since each Veterans claim is different, the VA has so many variables beyond their control that a precise time limit can not be determined.  For example,  Isnt that backlog awful?  The VA has no control over how long it takes (a third party) to send in their requested records.  While this has to be necessarily frustrating to the Veteran, and we share his frustration, blah, blah, blah, the writ needs to be denied."

 

 

 

The above rhetoric is, again, paraphrasing VA's response.  They pretend to the court they realy care about the Veteran, and there are just things beyond VA's control that delays claims.  Its all a lie, but the court buys their lie every time.  

    In summary, you want to do a good job with the Writ, but dont expect it to be awarded.  Expect the VA to pretty much say,

"Ok, yea, you are right, Mr. Vet.  We need to adjuticate TDIU.  We processing that right now, and it will be out soon.  

"So, as you can see, your honor, we have taken care of the problem, so the writ needs to be denied as it is now moot, as we promise to fix the problem right away."  

This crapola is the rhetoric VA uses to motivate the judge to deny  the writ.  

    The judge "looks the other way" even tho he knows the VA statements are lies.  You see, if what the VA said were true, they would have already fixed the problem and no writ would be needed.  Instead, they just keep ignoring the Vet, hoping he will die or get tired of fighting and give up.  

    

 

Edited April 24, 2019 by broncovet
add more

[ShrekTheTank]

Hey Ray this may help.

Customer Service

Currently, the Board is generally distributing cases to Veterans Law Judges (VLJs) for adjudication with docket dates up to April 2017.

Login to Vets.gov to view the status of your case!   As for how messed up the VA can be, people on here are pretty open about their experiences and will give you help.  We do not talk politics here.  We want to hear if you had a bad day or had a great day.  I have gotten nothing but support at the times I needed it and some tough love when needed.  

[Buck52]

''Indy_CV62_OS Quoted''

''I do not yet know what kind of Forum this is.''

This form is a form for Veterans helping Veterans win their deserved benefits and help anything VA Related. a brotherhood of U.S. Veterans

  Our boss and creator of Hadit.com Is Thereasa  Aldrich , Bettter Known a Tbird

Her Mission

 ''Leave No One Behind Not on A Desert Trail''

''Not on a Jungle Trail''

''Not on a Paper Trail ''

 

Welcome to hadit.

 

Buck52

       

[vetquest]

Hello @Indy_CV62_OS, you will find that people here are very honest about the VA.  It is a mess and veterans are not treated fairly all of the time.  That said I hope you can gain some knowledge here in fighting your case.  I have been to the BVA three times but have never gone to the CVA.  Some members have.  Good luck and God bless.

[Berta]

If a veteran gets denied in the past, and than subsequently is awarded for the exact same thing-they should consider that the older decision might contain a clear and unmistakable error: (CUE)

This claim in the link shows what I mean:

https://community.hadit.com/topic/73840-3156-va-error-cue-instead-1992-eed/

Others have used 38 CFR 3.156 for better EEDs.

 

 

[Berta]

I think I should have added that EEDs are determined by the date of claim as well as established medical evidence in VA's possession.

I have a CUE filed on an award letter with the wrong EED.

The VA decided the EED of my husband's HBP ( under 1151)was August 1992. That is when he had a  1151 stroke. The available documented VA medical evidence showed HBP for 4 years prior to the stroke.

That evidence was within in his VA medical records and opined on by a VACO cardio doctor for my FTCA claim.It was a contributing factor to his death.

VA said I will get the actual C & P next week. Cant wait.

I hope the signature is legible and I might have a hard time finding who paid this "doctor"who I dont think is any doctor at all. 

"I am currently researching Congressional Hearing from April 2015 regarding the Phila. & Oakland RO Whistleblowers."

 

I am a whistle blower .The OAWB was shocked at some of the evidence I sent to them.Maybe by all of it-

from an investigation I had been doing for over twenty years.

I am still shocked by it myself. I told the guy I dealt with at OAWB that I dont need any whistle blower protection because I dont work for the VA ( did in the past as a Volunteer)

and because the VA already did to me and my dead  husband ( death by VA) all they could possibly do to hurt us.

Fortunately all of that travail , however , has helped me to help veterans and their survivors.