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VETS' ATTORNEYS PROTEST VA'S "EXTRAORDINARY AWARDS"

REVIEW PROCESS -- "The effect is to create two classes of

veterans, those whose claims were decided quickly who will

get paid quickly and those veterans whose claims were

repeatedly mishandled but whose payment will be delayed."

Here is the first report from the NOVA Fall Seminar in Arlington, VA.  NOVA is the National Organization of Veterans' Advocates, attorneys who handle veterans' claims.

A few days ago we had a story about the VA reviewing all "Extraordinary Awards" arising from "Extraordinary Claims."  An "Extraordinary Claim" is defined as a claim "...with an effective date retroactive eight or more years or that result[s] in a lump-sum payment of $250,000 or more..."

The VA is having problems with their review process...that story here...
http://www.vawatchdog.org/07/
nf07/nfOCT07/nf101607-4.htm

You will find the original story about the review process here...
http://www.vawatchdog.org/07/
nf07/nfOCT07/nf101307-1.htm

Now, NOVA has challenged the entire review process, calling it plainly illegal.

A letter from the President of NOVA is printed below.

For more about NOVA, use the VA Watchdog search engine...click here...
http://www.yourvabenefits.org/ses
search.php?q=nova&op=and

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-------------------------

National Organization of Veterans Advocates, Inc.

“Providing Representation to America’s Veterans and Their Dependents”

Nova, Inc.
P.O. Box 65876
Washington, D.C. 20035-5876

October 19, 2007

Bradley G. Mayes
Director, Compensation and Pension Service
Department of Veterans Affairs
Veterans Benefits Administration
Washington, D.C. 20420
RE: 211B

Gordon H. Mansfield Fast Letter 07-19
Acting Secretary of Veterans Affairs
810 Vermont Ave., NW
Washington, D.C. 20420

Dear Sirs:

I am writing to advise you that the implementation of Fast Letter 07-19, Procedures for Handling Extraordinary Awards is ill advised and illegal.

It is illegal because, without submitting the rule to public scrutiny and comment, you promulgated a rule somewhat similar to § 3.321(b)(1), but instituted after a rating has been issued denying claimants the regulatory rights of notification and opportunity to be heard provided in § 3.103(b) and the due process rights guaranteed by the Constitution, of being apprised of the rating and of being entitled to provide input into or to challenge the review of the rating.

Rather than instituting a review with a CUE standard as in § 3.105(a), it appears you have instituted a non authorized de novo review, which makes the VACO reviewer the decision-maker in the case, but which does not provide for notice nor for the a right to a hearing before the VACO adjudicator.

Because this new procedure does not replace the three-signature requirement for awards exceeding $25,000, this procedure which requires review by the VSCM and then by the C&P Service is guaranteed to delay the decision making process which has already been determined to be too slow. Any additional time inserted into this slow moving system is unacceptable to our veterans, especially those who are elderly, sick or impoverished and who can’t wait the additional time.

Not only is this procedure time consuming, but the obvious effect of this additional review will be to pressure the RO to deny these kinds of claims or limit them. That is wrong. Eight years of benefits for cases which result in appeals to the Court is not unusual and is closer to the norm than not.

Designating these cases as containing "extraordinary awards" sends a clear message that the VA hardly ever makes mistakes which should result in large past due benefits and tells the adjudicators at the RO that they were mistaken in authorizing such an award.

The veterans who are entitled to the large retroactive awards are the very veterans who need it the most. They have been deprived of compensation for so long they are way behind in their bills, and many are in danger of losing their homes and vehicles. The effect is to create two classes of veterans, those whose claims were decided quickly who will get paid quickly and those veterans whose claims were repeatedly mishandled but whose payment will be delayed. This is not right and plainly defeats the stated mandate of the VA to serve our veterans.

Our veterans deserve a veteran friendly system which strives to correct errors committed years before, not a system designed to prevent the errors from being recognized and speedily remedied.

Sincerely,

Richard Paul Cohen
President
NOVA

-------------------------

Larry Scott  --

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