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      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. I would not file the PTSD claim, nor even discuss it. By Feb 1991 I had moved to the San Francisco bay area and was staying at a friends apartment and pretty much I was just a puddle. In desperation one night I called suicide hot line, I had no job, no idea about going to the VA. They talked with me for a long time and explained to me that I could go to the local VA hospital even if I did not have insurance. Now, I know what you are thinking if I was 50% why didn't I just go to the VA in the first place, two reasons 1, this was Feb 1991 and the 50% didn't come till May and 2, even if it had come through it is unlikely that I would have had the mental acuity at the time to put the two together. I relate this here because it is where so many of our brothers and sisters are coming from, perhaps where you started. Fuzzy and unsure, in pain and sometimes homeless they come to the VA hospital for help. And that is where I ended up. Up to the pysch ward I went, blah, blah, blah, a few days later I was released with a promise of a call from the out patient program, which I would soon be entering. Blah, blah, blah, after many missed communications, and no call backs I was at the Day Hospital everyday M-F. And this brothers and sisters is where I began to learn and formulate my plan for HadIt.com. Veterans, veterans everywhere…I spent a year in the day hospital and about another year at a sheltered workshop before I got back on my feet. So I just talked to veterans everyday waiting for appointments, waiting for prescriptions, waiting for a vet rep and I started to learn the system. While in the navy I was data analyst and had to learn a 5 volume manual and just about anything you were suppose to do was in that manual. So I figured there must be a manual on how to do a VA claim or at the very least regulations. 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So taking my lesson from the squirrels earlier I started to gather, gather, gather…and learn HTML and work as a marketing systems analyst and work my claim. 1996/1997 major PTSD cork blows and unemployed. Working my claim, working the website. 20 Jan 1997 register HadIt.com domain name right after getting off the phone with the VA and saying I've had it with this. As fate would have it the old DAV board goes down just as mine opens up and folks start to wander in. So HadIt.com has two main components the website which supports the discussion board with links, articles, research resources etc. The website starts to grow, I can't tell you how many times I had to switch servers for space and features. I continue on a downward trend and in 1998 ended up back home in St Louis living in my sisters basement in therapy and working it, I swear I would have swung a dead chicken around my head at midnight naked if I thought it would have helped. The website continued to do great during this time, I just stayed in the basement bought new software, new books, and learned how to make things work and I continued to use this knowledge to make HadIt.com better. My 100% finally came through from the VA and I had a friend who is an advocate who helped me thru my SSDI claim, he was literally at my side thru the entire process and that came through for me. My therapist and sister continued to try and get me to leave the basement, but to no avail. At some point in 1998 or 1999 I put a counter on the website and was shocked to discover how many visitors we were getting. Time goes by my sister gets married and I move from the basement to the upstairs, there is much celebration that Aunt T is living in the light again. More time goes by and I settle into my life in St Louis and spend more time on the site trying new things, finding more information. 2003 I buy my own home VA loan. For years now I have just considered HadIt.com my job and I get up every morning go to the office and work for several hours, take an afternoon break and see where the rest of day takes me. I have a place in the office to use the computer and a comfortable to place to read journals and articles and take notes. Blah, blah, blah so that is my story and HadIt.com's intertwined.
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      VA Training and Fast Letter Forum Index The following is the index with links to the various Training and Fast Letters plus a few miscellaneous. These letters are not necessarily in the original formatting. I have tried to present them in an easy-to-read form instead of some forms as originally presented. Some of the paragraphs were WAAAAYYY too long. lol - HadIt.com Member fanaticbooks Something to be aware.... Some of these letters may be rescinded, outdated, or otherwise no longer viable. I have still included them because sometimes they provide additional insight or just plain more information than the newest version. Use them wisely. The oldest letters will display at the bottom with the latest letters displayed at the top, all in sequential numbers. Coding of the letters... FL = Fast Letter TL = Training Letter First two numbers = last two digits of year of origin Training Letter http://www.hadit.com/forums/index.php?/topic/40694-va-tl-00-07/ http://www.hadit.com/forums/index.php?/topic/40693-va-tl-00-06/ Fast Letter Number Title http://www.hadit.com/forums/index.php?/topic/44262-va-fl-11-15/ http://www.hadit.com/forums/index.php?/topic/44260-va-fl-11-13/ http://www.hadit.com/forums/index.php?/topic/44261-va-fl-11-11/ http://www.hadit.com/forums/index.php?/topic/44310-va-fl-11-09/ http://www.hadit.com/forums/index.php?/topic/42151-va-fl-11-03/ http://www.hadit.com/forums/index.php?/topic/40957-va-fl-10-49/ http://www.hadit.com/forums/index.php?/topic/40958-va-fl-10-46/ http://www.hadit.com/forums/index.php?/topic/40959-va-fl-10-45/ http://www.hadit.com/forums/index.php?/topic/40960-va-fl-10-42/ http://www.hadit.com/forums/index.php?/topic/40961-va-fl-10-39/ http://www.hadit.com/forums/index.php?/topic/40962-va-fl-10-35/ 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Expeditious Manner-how Does One Equate The Timeline Here?

Question

Posted

Just how long do they wait?

How long have vets here waited for a decision once remanded back to VARO?

What decisions were made here: favorable ot not?

What geographical locations were these made in?

Wonder how many have died waiting too?

Ponder these and answer if you are able to. Thanks ;)

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8 answers to this question

Posted

Just how long do they wait?

How long have vets here waited for a decision once remanded back to VARO?

What decisions were made here: favorable ot not?

What geographical locations were these made in?

Wonder how many have died waiting too?

Ponder these and answer if you are able to. Thanks ;)

Expeditious ~ ~ ha~ha~ha . . . lol~ it just puts us into another line.

I am referring to Florida.

carlie

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Posted

warms.vba.va.gov/admin21/m21_1/mr/part1/ch05/ch05_secg.doc

Remanded Appeals

Introduction This topic contains information on remanded appeals, including

· the definition of a remanded appeal, and

· the expeditious processing of remanded appeals

· who is responsible for timely processing, and

· processing the remanded appeal.

Change Date August 4, 2009

a. Definition: Remanded Appeal A remanded appeal is an appeal that has been returned by BVA to the RO for

· development of additional evidence

· due process, or

· reconsideration of issues.

Remanded appeals are among the oldest cases and must be worked on a priority basis.

b. Expeditious Processing of Remanded Appeals Public Law (PL) 103-446, Veterans Benefits Improvement Act of 1994, mandates that remanded appeals be given special attention and expeditious processing.

c. Who is Responsible for Timely Processing</H5>The VACOLS coordinator and Veterans Service Center (VSC) management are responsible for close control and timely processing of BVA remanded appeals.

Continued on next page 34. Remanded Appeals, Continued

d. Processing the Remanded Appeal Upon receipt of a BVA remanded appeal the

· mailroom stamps the top of the document to show the date received

· claims folder is delivered to the Decision Review Officer (DRO), Veterans Service Center Manager (VSCM), or his/her designee on the same day, and

· DRO, VSCM, or his/her designee ensures that

- the top document shows the date received

- review and development of the remand are initiated within 15 days from the date of receipt, and

- VACOLS is updated within seven days. Note: Use of end product (EP)170 to control the remand is optional.)

Upon receipt of the requested evidence or after a reasonable effort to obtain evidence, the DRO or designee

· prepares a new decision or supplemental statement of the case (SSOC), and

· returns the case to BVA after expiration of the 30-day response period.

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Posted

Ok. You saw the regulation posted defining "expeditious". Now, I will "unspin" that defination:

Expiditious: def. With a 1,000,000 claim backlog this means your claim will be placed QUICKLY on the hamster wheel, going nowhere as fast as possible, being passed from the VARO (bounced back and forth between the AOJ and any farmed out Regional offices) , to the DRO, to the AMC, and to the BVA, round and round she goes, where she stops nobody knows.

In exceptional cases, the hamster wheel will add the CAVC to the "appeals team hamster wheel", and maybe the Federal courts also. Add in any possible "Writs of Mandamus" plus doses of shredded evidence, and "expeditious treatment" means however long the VA wants but usually in the 5-10 year range to get it finally settled.

I have waited 8 years, and am still waiting.

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Posted

The VA says things it does not mean. How can expedite means months even years?

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Posted

Pete992,broncovet, and Pete53, Isn't this as ridicoulous as all the other protocols they adopt to use too. This is a modern day, one of age, where trying to correct the wrong paths of the past, and rectify the wrongdoing of veterans... I am all for this but what needs to be done is health status order then go to date order...come on us oldies can't last forever...waiting for the game to start/stop!

There are so many of us, I wish there was some way to ban together to put an end to the injustices we receive. A peaceful resolution to treat us with dignity, humility, and fairness. Seems as though the more valid information/documentation we provide, the more they try to sabotage us with them not following their guidelines, almost to the point of thinking we are ?smart asses? because we have a little knowledge of the regulatory processes. JMHO, it seems when we follow the regs, they stonewall our claims, "like who do you think you are?" We will show you!

It is very difficult to have tried to live a rightous life, be fair to our fellow man/women, and constintently live by the laws, and be slapped in the face with every turn the VA can use to deny, degrade, discourage, disolution us as people. Take a number, if we want we will wait on you, if not just sit and wait, and shut your mouth, you have no voice here! I AM BIG BROTHER...it only goes my way, don't like it? Take the highway route out.

They need to say, take the claim back, and some year, maybe, we will look at it...expedite? Hell no! Go home and wait and pray you live long enough to get a favorable reply. That is, if we want to!

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Posted

We've discussed the usefullness of filing a Writ of Mandamus here on several occasions, even though the veteran will not win the petition. However, I've filed three of them over the last few years, after having waited far too long for an "expeditious" handling of claims. Although we didn't "win," the appeals/remands were handled immediately afterwards.

The word is meaningless, don't get hung up on or invested in that word. If you've waited over two years for the AMC or Board to process an appeal or a remand, file a writ petition. You don't need a lawyer to do it, you can do it yourself. I think Berta provided a sample on this website, and God knows I can help anyone needing help with one. It will cost you $50 to file the petition, and nothing if you file the hardship waiver.

Eight years? Far too long. Stir up some dust and file a writ petition.

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Posted

Allan posted a sample Writ:

http://www.hadit.com/forums/index.php?showtopic=9444

I had the same experience- in late 1990s I filed Mandamus writ and of course the court (COVA in those days) denied the writ- but it did seem to get my claim moving a little faster.

Mandamus writs are usually denied because the veteran or widow has not fully exhausted the entire appeal process yet.

But it seems to me that if you are getting copy and paste decisions ( that are so called de Novo reviews) and./or the VA cannot seem to be literate enough to read and consider your evidence-I would think these are arguments to raise to show the court that it is impossible for you to exhaust all appellate avenues as the VA is failing to follow their own guidelines in M21-1MR regarding proper claims procedure.

The good part about writs is that-by sending the VARO a copy as well as the court-they realise that you know enough VA case law to try to hold them to it.

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Posted

Allan posted a sample Writ:

http://www.hadit.com/forums/index.php?showtopic=9444

I had the same experience- in late 1990s I filed Mandamus writ and of course the court (COVA in those days) denied the writ- but it did seem to get my claim moving a little faster.

Mandamus writs are usually denied because the veteran or widow has not fully exhausted the entire appeal process yet.

But it seems to me that if you are getting copy and paste decisions ( that are so called de Novo reviews) and./or the VA cannot seem to be literate enough to read and consider your evidence-I would think these are arguments to raise to show the court that it is impossible for you to exhaust all appellate avenues as the VA is failing to follow their own guidelines in M21-1MR regarding proper claims procedure.

The good part about writs is that-by sending the VARO a copy as well as the court-they realise that you know enough VA case law to try to hold them to it.

Of course, that's a Catch-22 situation, because in instances such as these, the VA deliberately postpones making a decision for years upon years, which then leads to effectively denying the veteran due process, i.e., access to his/her appeal rights under the law as stated in 38 CFR. So it stands to reason that yes, the vet hasn't exhausted the process, because there's no way he or she could do that, because the VA won't bring the process to a close. Writ petitions result in the Court prodding the VA to either take action or formally explain why no action has been taken. The VA would rather take action than to present flimsy vacuous arguments trying to justify the way they handled the circumstances that led up to the writ petition, assuming they have, in fact, been unreasonable. They take the desired action eventually, and the Court then denies the vet's petition as moot, because the action sought has already been taken, therefore, there is no "case or controversy" to adjudicate.

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