SCOTUS: VA takes 573 days for what should take 2.6 hours!


This was not “plucked from Air” but rather, from a Writ of Cert to SCOTUS.   The Veterans for Common Sense (VCS)  and Veterans United for Truth  have petitioned the Supreme Court of the United States (SCOTUS) for a  Writ of Certiorari on Sept. 22, 2012,  according to the Veterans Law Library.

Is this maybe the reason your claim is taking so long?  Here is how the VCS stated it:

“Veterans must wait 261 days and 573 days, respectively, for the VBA to complete these simple tasks, (Certifying the Veteran’s Appeal to the BVA) even though the VBA has acknowledged they take only 2.6 hours combined for someone to complete.  The VBA does not know why some veterans must wait 1000 days or more for certification. ” (Citations omitted for brevity)

I think I can speculate “why” it takes the VA 1000 days for certification.  Because they can!  

Remember, there is significant financial incentive for the VA to delay your claim.  First, as the Cert. explains, thousands of Veterans die waiting on the VA to make a decision, and, in most cases the Veterans family never collects the benefits that were due him.

Next, even if the Veteran survives the appeals, the VA gets an interest free loan from the Veteran, sometimes for decades as no interest is ever paid to the Veteran.

The Veteran must comply with multiple deadlines or “lose out” on his ability to appeal, while the VA can take an unlimited amount of time processing his appeal.  Frankly, I think it is backwards.  I think the VA’s processing time should be limited to a year or else the Veteran should receive the benefits requested by default.

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1 Response to SCOTUS: VA takes 573 days for what should take 2.6 hours!

  1. SquidlyOne says:

    Once they get your form-9 they are supposed to enter it into VACOLS which then spits out a docket number. Somewhere in the docket number should be the date of your form-9. Upon certification, the C-file does not need to leave the VARO until the BVA asks for it. The C-file is a living, breathing document file so it should always be up to date right? The “system” is currently designed so that a Veteran will be represented at a DRO review by a VSO. What is the timeline for a DRO review? There isn’t one….The DROs get to it whenever. At that point the Veteran already has 3-4 years into the claim. I guess the VA figures that a few fish will beat the falls and continue up stream to the BVA. Getting back to the BVA certification, a VSO could play SSOC ping pong until doomsday with your claim! At some point the VA shouldn’t be allowed to have the excuse that they are waiting for something from the Veteran and get on with the certification.

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