vso/american legion rep


victim88
Registered: 07/27/09
Posts: 14
12/08/10 #1

if american legion has your file on your behalf regarding appeal to bva, would that time also be considered retro pay?  ex. file remanded nov 09, file received bva nov 10, file currently with american legion docket system year 05, possible 12 months delay for review and legal briefs prior to submission to court/judge for final decision?
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NOD
Avatar / PictureManager
Registered: 11/22/08
Posts: 654
12/08/10 #2

You have lost us with your terminology. You are stating that AMLEG has your POA (Power Of Attorney) and is representing you on an appeal before the Board of Veterans Appeals. That much is clear. We are unfamiliar with the term or concept of “retro pay” where the VA judicial system is concerned. “ex. file” is another term we are not versed in unless it involves David Duchovney. Perhaps you could be more clear in what it is you are asking. If a file is remanded, that means it is sent from one court of appeals to a lower court or back to an Agency of Original Jurisdiction (AOJ) for more development.A file cannot be remanded from the AOJ to the BVA. The BVA remands cases regularly to the AOJ via the Appeals Management Center (AMC). The Court of Appeals for Veterans Claims (CAVC) also remands cases to the BVA for legal insufficiency.

     It would seem you are also saying your claim is with the AMLEG docket system year 05 (2005?). We at AskNOD are really in the dark on this one. We were not aware that AMLEG has a docket system set up or what purpose it would serve as they are not part of the judicial system. If your claim lacks some of the Hickson elements or what is known as the Caluza triangle, then the VSO (AMLEG) may try to obtain the missing info to buttress your claim. If they have been engaged in this pursuit since 2005, as you imply, then something has gone haywire. They would ask for a delay to accomplish this, but not 5 years. Taking even a year to do so would strike us here as gross incompetence. Any info your claim lacks should be able to be assembled in short order (i.e. private medical records, buddy statements, medical examinations, etc.) AMLEG legal beagles, if they really have any, could do this in three months.
     The BVA says they are currently taking 155 days to adjudicate a claim from date of receipt from the AOJ-not counting any time while the files are in the hands of the VSO representing you. If your claim was properly supervised and all pertinent info supporting your claim had been filed prior to certification to the BVA by your service officer assigned to your claim, there should be no need for any last minute “review and legal briefs” as you are implying. However, if your claim arrived in D.C. without any preparation on your service officer’s part, and the evidence is insufficient to prove your claim, then it might take a year to glue it back together again.
     If you could give us a better idea of what it is you need to know, we could respond with a better answer. Try Dick and Jane speak We do speak legalese, but you have to speak it fluently for us to decipher it.

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AZeeJensMom
Moderator
Registered: 01/05/09
Posts: 94
12/10/10 #3

If your question is:   If you win your claim, what date will  retro compensation be paid back to — ?

The answer to the question is — Any retro compensation due to the Veteran will be payable to the Veteran back to the date the claim was originally filed, unless of course it involves Agent Orange issues — then, it would be 1 year prior to the original date you filed your claim.
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