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@  carlie : (15 November 2014 - 05:56 PM) Asiadaug - You Might Be Looking For Fast Letter 10-35, Http://www.hadit.com/forums/topic/40962-Va-Fl-10-35/ Also Check Out This Link To Links For Delayed Onset Tinnitus - They All Refer Back To Fast Letter 10-35, Https://www.google.com/webhp?sourceid=Chrome-Instant&ion=1&espv=2&ie=Utf-8#q=Tinnitus, Delayed Onset, Va Fast Letter
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@  Asiadaug : (15 November 2014 - 02:12 AM) Several Cases I've Run Across Mention Va Training Letter 10-028 With Apparent Discussion About Delayed Onset Of Tinnitus. I Have Been Unable To Locate That Trng Ltr. Any Suggestions?
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Expeditious Manner-how Does One Equate The Timeline Here?


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8 replies to this topic

#1 halos2

 
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Posted 02 June 2010 - 01:03 AM

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 ;)

#2 carlie

 
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Posted 02 June 2010 - 11:30 AM

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

#3 pete992

 
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Posted 02 June 2010 - 12:08 PM

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.

Edited by pete992, 02 June 2010 - 12:12 PM.


#4 broncovet

 
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Posted 03 June 2010 - 05:54 AM

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.

Edited by broncovet, 03 June 2010 - 06:00 AM.


#5 Pete53

 
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Posted 03 June 2010 - 10:06 AM

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

#6 halos2

 
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Posted 04 June 2010 - 11:54 PM

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!

Edited by halos2, 06 June 2010 - 10:03 PM.


#7 vaf

 
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Posted 05 June 2010 - 10:58 AM

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.

#8 Berta

 
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Posted 05 June 2010 - 12:31 PM

Allan posted a sample Writ:

http://www.hadit.com...?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.

Edited by Berta, 05 June 2010 - 12:34 PM.


#9 vaf

 
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Posted 07 June 2010 - 01:11 PM

Allan posted a sample Writ:

http://www.hadit.com...?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.