Chap Kirk

Thanks again,

Chap

DAV will not change Your SO. They don’t want to hurt his feelings. They don’t care about yours. They have the Govt. money from you signing up/POA so they really don’t need you either. You are now inconvenient and getting in the way of the FNGs behind you. Any representation you get now will be because the guy is your next door neighbor and feels guilty if he didn’t do something or your dad is a big contributor to the Same Political Party in Office. You will get regular letters of condolence in the future telling as how the BVA did not smile on your endeavors and an offer to appeal it up to the CAVC. Lip service, sir, nothing more than lip service is what’s to be expected. That’s the good news, Chap. Hell, we’ll even give you hard questions to ask the turkeys to see if they even have a clue as to what they’re up to. They might tell you how to win if you ask them politely. Good Luck. We will help if you feel pregnant and alone. That’s why we’re here-to make life more interesting for Uncle Victor. The jury is still out on them!

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Mod

Thanks,

Chap

The law says if you go to appeal you must be represented by a service organization or lawyer, even if they just sit there and say nothing. In other words, you now have a DAV rep, but you don’t have to use him, and you can change to another DAV rep anytime. First question I’d ask, “What is your experienc dealing with HCV claims?” See how willing he is to learn if none.

If the VA deny the claim, you can change from the DAV to another Veterans Service Organization then or get a lawyer.

Make sure the rep sees Groves V. Peake ruling and send him to HCVets.com.  I think this ruling applies to you. Seems to me your claim is a slam dunk because of it.

As for how long it will take … that’s a guessing game. This is a new ruling and I’m sure the VA is scurrying about trying to figure out a way around it. I’d say six months maybe longer. The only way to move this process along quickly is to involve your senator and show a hardship case. Like loosing your home.  I hope this helps!

Keep us posted!

While appeals are subject to the same requirement, 38 U.S.C. 7107(a)(1), both section 7107(a)(2) and its implementing regulation provide for the earlier consideration of appeals in some circumstances, id. 7107(a)(2); 38 CFR 20.900(c) (Rule 900(c)). Generally, Rule 900(c) provides that a case may be advanced on the docket if it involves good cause. Examples of such good cause in Rule 900(c) include serious illness, extreme financial hardship.

I’m sure there is a form for this but don’t know it. I will try to find… But this is one thing your DAV rep can help you with, he can file it,  if it gets that far. Be sure to mention the “Groves” thing to the Senator:)

(a) Docketing of appeals. Applications for review on appeal are docketed in the order in which they are received. Cases returned to the Board following action pursuant to a remand assume their original places on the docket.

(b) Appeals considered in docket order. Except as otherwise provided in this Rule, appeals are considered in the order in which they are entered on the docket.

(c) Advancement on the docket —(1) Grounds for advancement. A case may be advanced on the docket on the motion of the Chairman, the Vice Chairman, a party to the case before the Board, or such party’s representative. Such a motion may be granted only if the case involves interpretation of law of general application affecting other claims, if the appellant is seriously ill or is under severe financial hardship, or if other sufficient cause is shown. “Other sufficient cause” shall include, but is not limited to, administrative error resulting in a significant delay in docketing the case or the advanced age of the appellant. For purposes of this Rule, “advanced age” is defined as 75 or more years of age. This paragraph does not require the Board to advance a case on the docket in the absence of a motion of a party to the case or the party’s representative.

(2) Requirements for motions. Motions for advancement on the docket must be in writing and must identify the specific reason(s) why advancement on the docket is sought, the name of the veteran, the name of the appellant if other than the veteran (e.g., a veteran’s survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual’s behalf), and the applicable Department of Veterans Affairs file number. The motion must be filed with: Director, Administrative Service (014), Board of Veterans’ Appeals, 810 Vermont Avenue, NW., Washington, DC 20420.

(3) Disposition of motions. If a motion is received prior to the assignment of the case to an individual member or panel of members, the ruling on the motion will be by the Vice Chairman, who may delegate such authority to a Deputy Vice Chairman. If a motion to advance a case on the docket is denied, the appellant and his or her representative will be immediately notified. If the motion to advance a case on the docket is granted, that fact will be noted in the Board’s decision when rendered.

(d) Consideration of appeals remanded by the United States Court of Appeals for Veterans Claims. A case remanded by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action will be treated expeditiously by the Board without regard to its place on the Board’s docket.

(e) Postponement to provide hearing. Any other provision of this Rule notwithstanding, a case may be postponed for later consideration and determination if such postponement is necessary to afford the appellant a hearing.

(Authority: 38 U.S.C. 7107, Pub. Law No. 103–446, §302)

[57 FR 4109, Feb. 3, 1992, as amended at 60 FR 51923, Oct. 4, 1995; 61 FR 20453, May 7, 1996; 65 FR 14472, Mar. 17, 2000; 68 FR 53683, Sept. 12, 2003]

There is one thing that is not correct. You may file this with your local VARO if your claim is not in appeal status. Even though this regulation was written predicated on your claim being up in DC on appeal, they will still afford it the same consideration at the VARO level and move it to the top of the Rating pile. They are required to act on this within 90 days, period. No ifs ands, or buts about it. Failure to accomplish this in less than 90 days is not an option. VARO People will be forced to stay up all night on a holiday to get this 90 day rule accomplished on your claim. But then ,it will never come to that because they usually accomplish it in the 30 to 60 day window. I do know from experience that it takes at least 30 days to assemble all the parts and pieces to actually do the rating on the hardship itself. The resultant SC rating is the additional 30 days I mentioned.