Backlog for remand processing, can I get them to use original claim date or docket date?

[ChrisHW]

Hi!  long time lurker...  past year 12 and VA still dragging their feet.

 

Does anyone know any way to get the RO to schedule me by the earlier date?  Is the BVA Judge and my attorney correct that the RO should consider docket date?

 

Original date of claim 2007, current BVA docket date 2012 (LMAO, my BVA wait was hours, was first in line).  Awarded 0% in 2017 dated back to '06 (receiving SSDI since 2007).  Anyways, remanded for same reason as 2014 remand, C&P exam (RO ignored last remand orders). C&P says unable to work due to disability.

Last I heard there is a 30 month backlog from date the RO received the remand from BVA (Jan 2019).  My VSO/Atty said that the RO is supposed to consider mine out of order due to the early docket date.  The Claims Coach said, nope, its the new date of claim assigned when we receive it from BVA.  

My interpretation is that since the BVA decides by docket date, that the remand date usually corresponds to the docket date.  In my case mine was decided out of order so the lawyer and judge said that the RO is supposed to consider the docket date while scheduling prioritization.

I can get a email to the claims coach if I can find justification for a earlier date of claim.  

Any suggestions?  Thanks!!!

[Berta]

I recently received 11 missing medical documents from a 1993 C & P exam.

Something is still missing. I found that this neurologist is still employed by the VA and wrote to her to see if she can clarify what she said - ( her 100% P & T statement based on the VA records she had at the exam....I was present, as the exam was done in a busy hallway full of other vets that day-they heard her say that and looked at my husband like he had just won the lottery.Voc Rehab had already advised him he could no longer go to Corning College, and a federal contractor, who had discriminated against him prior to the stroke (he won the first ADA EEOC case here in NY) could not rehire him due to the stroke and owed him much less in a settlement then if he could still be re-employed by them and he was devastated by the P & T designation.I have other medical evidence from VA as to the 100% P & T. 

But I just realized you have a lawyer- who will be paid I assume, for his/her help- so they are the one to try to rectify your situation. You did not post the BVA Docket # so we really don't have a clue.

Broncover is right:

"Its my advice NOT to work your own claim when you have an attorney.  Yes, its tempting when you have done it a long time."

 

 

 

 

 

[GeekySquid]

10 hours ago, ChrisHW said:

This problem might just be how things were before they started trying to improve part of their processes

va claiming to "improve part of their processes" is akin to painting a turd gold....

I am glad you got your files. I still suggest trying to get someone to access the JLV.

It is true that in the past files did not always get sent to the archives. but the VA, DOD and Mil, have been scanning documents in since the 80's. Those files went somewhere and are still there.

Good Luck

 

[ChrisHW]

On 8/4/2019 at 7:10 AM, broncovet said:

AFTER your BVA decision, (your attorney) will likely send you a DVD copy of your file.  Yes, I have several of these, as I have had several BVA decisions.  

You have done the right thing hiring an attorney.  Your attorney should be able to see your VBMS file, which is the same one the judge sees.  

A Veteran represented by a VSO often does not have online access to his VBMS file.  

(Some VSO's have access to VBMS, while others do not.  It depends on if your VSO has jumped through all VA hoops to get access).  

Your attorney can give you the best advice..better than we can give..as he has access to your file and we do not.  

Its my advice NOT to work your own claim when you have an attorney.  Yes, its tempting when you have done it a long time.  

Your attorney has a 90 percent succes rate.  Source:  BVA chairmans reports and here:

https://www.leadingresponse.com/attorneys-prevail-in-nearly-90-of-va-disability-appeals-cases/

Self represented Vets are much much lower, as are VSO repped Vets.  

Send your attorney to bat for you, dont bat for yourself.  Put your "best player" at bat when it really counts and the game is on the line.  

My "attorney" is with my VSO....  so free.  shes amazing but helps many many more people than those in the private sector.  I think she cares more, just busier.  She "mostly" handles the big items,  BVA appeals, NODs...  I can't say enough good about her... but she said that the RO will prioritize my case by docket date and the RO said nope, it goes into the 3 year backlog and when I ask for help the attorney keeps telling me that mine will be prioritized.  kinda catch-22

 

Thanks!

On 8/4/2019 at 7:32 AM, Berta said:

I recently received 11 missing medical documents from a 1993 C & P exam.

But I just realized you have a lawyer- who will be paid I assume, for his/her help- so they are the one to try to rectify your situation. You did not post the BVA Docket # so we really don't have a clue.

Broncover is right:

"Its my advice NOT to work your own claim when you have an attorney.  Yes, its tempting when you have done it a long time."

wow-  hopefully they will support your case and finally get it finished!

Sorry, all the paperwork in front of me has the "old 2018 docket number" before the BVA advanced my case by changing to the 2011 docket number.   But my question is kinda unrelated-  simply is there a way to get the RO to use the docket number or, old date of remand, or date of claim to prioritize schedule rather than the date of the newest remand.  39 more months just is very frustrating, especially when my lawyer/BVA told me that the RO will schedule mine by 2008/2011/2014 date rather than the 2019 date they are using (shorten the wait to 8 months.)

Thanks!

On 8/4/2019 at 7:00 AM, broncovet said:

Like yourself, the VA has lost document after document in my file.  Time after time.  

In 2008, I sent a "special handling request due to shredded evidence".  

Again, the VA even shredded my request for special handling due to shredded evidence.  

I hope you can laugh at that now...  i'd guess that less than 10% of what I've submitted made it in the file between 2008-2013.  Heck, i submitted a change of address 4-5 times.  After they didn't change it, Senator Warner submitted it 4-5 times for me... and they still scheduled my original BVA at my old address.. a couple states away!