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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

CCK law firm is taking legal action on the VA backlog

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The linked article contains a great deal of information about the VA, budget increases at different levels, and more. However, the portion involving their legal action plan is quoted below.


CCK Is Taking Legal Action Against the Department of Veterans Affairs

While we have tried to point these issues out and resolve them, unfortunately, our concerns have not been seriously considered. So CCK is taking legal action against VA based on two specific issues with the VA process.

We are filing writs which are formal, legal documents that order a person or entity to perform or to cease performing a specific action or deed. In this case, we are requesting that VA change its internal procedures that we see as adding significant, needless delay for Veterans seeking benefits.

  • We are filing several petitions for writs against BVA based on a lack of productivity regarding the processing of Legacy and AMA appeals in the Court of Appeals for Veterans Claims.
    • The Board’s 80/20 rule for deciding Legacy and AMA is causing significant and unnecessary delays for more recently-filed AMA cases (“recent” can include claims from 2019, so these could already be three years old).
    • The 80/20 rule is nowhere in the Appeals Modernization Act legislation.
    • In addition to the AMA delays, Legacy cases are also facing unreasonable delays
    • Separately, we believe that sending extraschedular TDIU cases to the Director of Compensation is unnecessary and greatly slows the process of granting entitled VA benefits.
  • We are submitting a FOIA request in a district court because VA has not produced the documents we have requested.
    • We have submitted these requests to VA, but the department has not complied, so we decided to take it to the district court.

Our goal is to ask the Court to force VA to more effectively process these cases and eliminate needless delays plaguing the VA benefits process.



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