UPDATE: VETS' ATTORNEYS GROUP SAYS "NO" TO CUT IN

VA CLAIM APPEAL TIME -- National Organization of

Veterans' Advocates (NOVA) offers eight reasons

why cutting appeal time in half is not a good idea.

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by Larry Scott

Yesterday we reported on the DAV's proposal to cut the VA claim appeal time from a year to six months.  That story here...
http://www.vawatchdog.org/09/nf09/nfapr09/nf040609-1.htm

Now, we have a look at the issue from NOVA, the National Organization of Veterans' Advocates, a group representing attorneys who practice veterans' law.  NOVA website it here... http://www.vetadvocates.com/

NOVA has gone on record opposing the shortening of the time to file an NOD (Notice of Disagreement) because NOVA does not believe it will help veterans and it will not cause decisions to be prepared more quickly by the VA.  Specifically, NOVA has informed the Senate Veterans Affairs Committee that its objections to slashing the time to file an NOD from one year to six months are as follows...

                            click for more information -- a disabled veteran owned business

STATEMENT FROM NOVA:

It would be a mistake to amend 38 U.S.C. § 7105(b)(1) to reduce the time to file a notice of disagreement from one year to 180 days. There are at least eight reasons this amendment would be detrimental to veterans.

First, veterans do not always receive the rating decisions mailed to them--or at least not in a timely manner. Many times the VA does not have a veteran’s correct or current mailing address, and numerous errors occur in the Regional Office mailing rooms.

Second, many veterans have serious medical and/or mental health disabilities which hamper their ability to seek assistance from a service officer, representative or lawyer. This obstacle becomes even more difficult for veterans who live in more rural areas and must travel several hours to obtain representation from the nearest representative.

Third, after locating a representative, it may take a veteran several months to attend any necessary medical appointments, obtain copies of records, and then schedule an appointment with his/her representative.

Fourth, emotional and psychological factors come into play. When a claim is denied, this can make the veteran feel as though his government -- the same government he fought for -- has denied the claim because his government does not believe he is telling the truth. These factors are even more complicated for veterans who suffer from mental health disabilities. It may take many months of extra time and inducement by friends and relatives for a veteran to continue with his claim after the first denial.

Fifth, veterans who are participating in inpatient treatment for their service-connected disabilities may not receive notice of rating decisions, mailed to their home address, until many months after the rating is mailed.

Sixth, to properly prepare a case for an appeal, the veteran and his or her representative will need to obtain necessary copies of various documents, such as the VA claims file, official military personnel file, and current treatment records. This quest for relevant records can take as long as six months.

Seventh, reviewing all of the newly obtained records and reports and obtaining additional medical records or an additional medical opinion can take two or three more months.

Eighth, in situations where a veteran has claims pending at different levels of the appellate process or multiple claims pending, the veteran may need to wait six to twelve months or more for a decision which may impact the necessity to file an appeal for a separate but related claim.

Therefore, because of the numerous potential impediments to responding to an unfavorable rating decision within 120 days, there is good reason to continue the present statutory provision which currently provides claimants one year to file the notice of disagreement (NOD). Shortening the statute of limitations for filing an NOD, with the option of having the limitation abated by a showing of good cause, is not an effective alternative. Indeed, it will guarantee that a percentage of valid claims will be denied for failure to timely appeal. Veterans should not be compelled to rely upon the VA’s benevolence in determining that one or more of the eight factors listed above apply and constitute good cause for the failure to timely appeal.

If the time for filing a notice of disagreement is reduced to 180 days, then NOVA recommends that a pilot program akin to the Expedited Claims Process be implemented at a limited number of ROs."

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posted by Larry Scott
Founder and Editor
VA Watchdog dot Org
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