Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

Top 10 VA Disability Claims Articles

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

CCK law firm is taking legal action on the VA backlog

Rate this question

Vync

Asked by Vync,

 Share

Question

  • Content Curator/HadIt.com Elder
Vync Grand Master

Vync

Posted
  • Content Curator/HadIt.com Elder
Posted

https://cck-law.com/blog/cck-law-takes-legal-action-against-department-of-veterans-affairs/

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.

Quote

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.

 

 

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

Link to comment
Share on other sites
  • Answers 0
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

Popular Posts

Vync
Vync

https://cck-law.com/blog/cck-law-takes-legal-action-against-department-of-veterans-affairs/ The linked article contains a great deal of information about the VA, budget increases at different lev

0 answers to this question

Recommended Posts

There have been no answers to this question yet

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to question listing


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!

  • Recent Achievements

    • Week One Done
      Lebro
      Lebro earned a badge
      Week One Done
    • Week One Done
      spazbototto
      spazbototto earned a badge
      Week One Done
    • Week One Done
      Paul Gretza
      Paul Gretza earned a badge
      Week One Done
    • Community Regular
      Troy Spurlock
      Troy Spurlock went up a rank
      Community Regular
    • Week One Done
      KMac1181
      KMac1181 earned a badge
      Week One Done

  • Our picks

    • VA Disability Claims: 5 Game-Changing Precedential Decisions You Need to Know

      Tbird posted a record in VA Claims and Benefits Information,

      These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Are all military medical records on file at the VA?

      RichardZ posted a topic in How to's on filing a Claim,

      I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
      RichardZ

      Picked By

      RichardZ,
    • Caluza Triangle defines what is necessary for service connection

      Caluza Triangle defines what is necessary for service connection

      Tbird posted a record in VA Claims and Benefits Information,

      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Post in ICD Codes and SCT CODES?WHAT THEY MEAN?

      Timothy cawthorn posted an answer to a question,

      Do the sct codes help or hurt my disability rating 
      yellowrose

      Picked By

      yellowrose,

    • Post in Chevron Deference overruled by Supreme Court

      broncovet posted a post in a topic,

      VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
      Lemuel

      Picked By

      Lemuel,
    View All
×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept