Re: Vrab wait times

by By the Bay Sun 14 Apr 2019, 22:58

propat wrote:id sue the board for revaluation and 100 million in punitive damages . id also sue the board members themselves from first and second appeals for 1 years salary again for punitive damages . someone will do it some day and THIS move alone if won will fix VRAB . if the suit is allowed to proceed but lost it will still fix VRAB for a time at least as long as VRAB and/or its members remember they can be sued .

JMO

propat

I like your thinking, Propat!

Cheers,
By the Bay

by propat Sun 14 Apr 2019, 22:50

id sue the board for revaluation and 100 million in punitive damages . id also sue the board members themselves from first and second appeals for 1 years salary again for punitive damages . someone will do it some day and THIS move alone if won will fix VRAB . if the suit is allowed to proceed but lost it will still fix VRAB for a time at least as long as VRAB and/or its members remember they can be sued .

JMO

propat

by By the Bay Sun 14 Apr 2019, 22:44

"BTB, there really isn't anything that can be done. The BPA lawyer feels that it has run it's course. The thing is, it's at 2/5 of a 40% assessment, and I was appealing the entitlement amount. But they refuses to apply the new policy, and it increase it to 4/5, even for partial entitlement. yet everyone who has been given a partial entitlement, in the past, were told that they needed to request an increase from VRAB, when the new policy was implemented. I complained to the OVO, because, if VRAB is flat out refusing to adhere to the new VAC policy, and allowing Veterans to have their pensions arbitrarily reduced, compared to new applications, it creates an unequal process between how claims are adjudicated, dependant simply on when they were submitted."

Hopefully the OVO will be able to do something for you because it is not right that the new policy covers most veterans but leaves some veterans out of the increased entitlement amount.

By the Bay

by **bigrex** Sun 14 Apr 2019, 16:15

BTB, there really isn't anything that can be done. The BPA lawyer feels that it has run it's course. The thing is, it's at 2/5 of a 40% assessment, and I was appealing the entitlement amount. But they refuses to apply the new policy, and it increase it to 4/5, even for partial entitlement. yet everyone who has been given a partial entitlement, in the past, were told that they needed to request an increase from VRAB, when the new policy was implemented. I complained to the OVO, because, if VRAB is flat out refusing to adhere to the new VAC policy, and allowing Veterans to have their pensions arbitrarily reduced, compared to new applications, it creates an unequal process between how claims are adjudicated, dependant simply on when they were submitted.

by Guest Sun 14 Apr 2019, 14:10

bigrex wrote:Well, I can tell you that my back claim, took from 2012, when I received my initial decision, to this past January, to go through the full appeal process. It was ultimately denied, because they had their own opinion, and even though it contradicted the opinion of several medical professionals, and they never truly explained what was the basis of their opinion, they refused to admit that they may have been wrong.

in s court of law, there is an expectation of a person having their case heard in a reasonable amount of time, they can win if it takes too long, l guess vrab can take as long as they want.?

by By the Bay Sun 14 Apr 2019, 13:11

bigrex wrote:Well, I can tell you that my back claim, took from 2012, when I received my initial decision, to this past January, to go through the full appeal process. It was ultimately denied, because they had their own opinion, and even though it contradicted the opinion of several medical professionals, and they never truly explained what was the basis of their opinion, they refused to admit that they may have been wrong.

Bigrex,
I'm so sorry that you were denied on your claim. VRAB judgements really does not make any sense and the whole system is contradicting and very biased against many veteran's medical evidence. It seems that VRAB turns a blind eye when they are evaluating the credibility of medical evidence and most VRAB members don't hold any medical background. I was under the assumption that the "tribunal" was supposed to state the reasons behind their decision and their incompetency is going against their own Decision Service Standard. How are you suppose to appeal their decision if you have no idea why you were denied. I would be appealing for a Judicial Review and taking it to the Federal Court level to have your case referred back to VRAB for a rehearing because VRAB has ignored significant medical evidence.
What is your next step if you don't mind me asking?

By the Bay

by **bigrex** Sun 14 Apr 2019, 07:17

Well, I can tell you that my back claim, took from 2012, when I received my initial decision, to this past January, to go through the full appeal process. It was ultimately denied, because they had their own opinion, and even though it contradicted the opinion of several medical professionals, and they never truly explained what was the basis of their opinion, they refused to admit that they may have been wrong.

by Guest Sat 13 Apr 2019, 20:09

By the Bay wrote:
Wildthing wrote:
By the Bay wrote:Oh good grief!

I'm a very easy going person and it takes a lot to piss me off! This month has really been trying my patience

My pension entitlement appeals application has been sitting collecting dust at BPA's office for over 14 months now.

Finally, my Avocate contacted me about my file and we talked about my options for VRAB hearing. She informed me that she was currently working on my case and told me to call her back ASAP after I decided which path I wanted to take. I told her to expected my decision by 2pm that day. I pondered it over and decided within 2 hours and I tried calling her back. So far, I have been leaving messages for her going on 11 business days. She has not returned my phone calls! Every time I called her office, the secretary tells me that my Avocate is on the phone or out of the office. It's great the she is out avocating, but please don't ask your client to call you ASAP if there is no urgency. BPA has a policy of 'first-in, first-out'....if that is the case...no wonder it takes them over a year to file their case submissions to VRAB.
Seems like they are dragging their feet!

Just wondering if anyone else having trouble with BPA lately?

By the Bay
didn't know there was more than one path for a vrab hearing, mil med docs, civilian up to date med docs, but it all comes down to the legal brief, ask for your copy well in advance of your hearing so you can study it and request any changes or get a second opinion on how its written or presented. It's been awhile for me but they used to put in your copy we have to watch out for this or that, it will give you time to produce evidence to the contrary! Have fun😩

Hi Wildthing,
Yes! There is a different option for the VRAB process.
My Avocate explained that now with the new policy chances to Entitlement Benefit amounts, BPA will present some veteran's with a Simplified Appeals process instead of tribunal hearing in regards to their previous entitlement reviews. So if a veteran has already been approved for 1/5, 2/5, or 3/5, under this new policy VRAB may grant the veteran 4/5 or 5/5. This process is pretty much a cut and dry hearing because the veterans has already been approved for a partial entitlement and there was evidence that the injury was directly or partially related to service. The lawyers are not required to be present at the hearings, they send in their submissions and wait for VRAB to make their decision on the evidence in front of them.
This is SUPPOSE to be a quicker process!
(FYI, my Avocate stated that some veterans may not receive any increase in their entitlement amount. VRAB may feel that the pervious entitlement amount was generous because they found that the veteran's injury was really not related to service and the previous entitlement was sufficient.)

Cheers,
By the Bay

okay ive been out of the vrab game for awhile things have changed a bit, Glad im done with it all,
Or am i, have to wait and see what hoops come with the PFL.

by By the Bay Sat 13 Apr 2019, 14:27

Wildthing wrote:
By the Bay wrote:Oh good grief!

I'm a very easy going person and it takes a lot to piss me off! This month has really been trying my patience

My pension entitlement appeals application has been sitting collecting dust at BPA's office for over 14 months now.

Finally, my Avocate contacted me about my file and we talked about my options for VRAB hearing. She informed me that she was currently working on my case and told me to call her back ASAP after I decided which path I wanted to take. I told her to expected my decision by 2pm that day. I pondered it over and decided within 2 hours and I tried calling her back. So far, I have been leaving messages for her going on 11 business days. She has not returned my phone calls! Every time I called her office, the secretary tells me that my Avocate is on the phone or out of the office. It's great the she is out avocating, but please don't ask your client to call you ASAP if there is no urgency. BPA has a policy of 'first-in, first-out'....if that is the case...no wonder it takes them over a year to file their case submissions to VRAB.
Seems like they are dragging their feet!

Just wondering if anyone else having trouble with BPA lately?

By the Bay
didn't know there was more than one path for a vrab hearing, mil med docs, civilian up to date med docs, but it all comes down to the legal brief, ask for your copy well in advance of your hearing so you can study it and request any changes or get a second opinion on how its written or presented. It's been awhile for me but they used to put in your copy we have to watch out for this or that, it will give you time to produce evidence to the contrary! Have fun😩

Hi Wildthing,
Yes! There is a different option for the VRAB process.
My Avocate explained that now with the new policy chances to Entitlement Benefit amounts, BPA will present some veteran's with a Simplified Appeals process instead of tribunal hearing in regards to their previous entitlement reviews. So if a veteran has already been approved for 1/5, 2/5, or 3/5, under this new policy VRAB may grant the veteran 4/5 or 5/5. This process is pretty much a cut and dry hearing because the veterans has already been approved for a partial entitlement and there was evidence that the injury was directly or partially related to service. The lawyers are not required to be present at the hearings, they send in their submissions and wait for VRAB to make their decision on the evidence in front of them.
This is SUPPOSE to be a quicker process!
(FYI, my Avocate stated that some veterans may not receive any increase in their entitlement amount. VRAB may feel that the pervious entitlement amount was generous because they found that the veteran's injury was really not related to service and the previous entitlement was sufficient.)

Cheers,
By the Bay

by Guest Sat 13 Apr 2019, 05:06

By the Bay wrote:Oh good grief!

I'm a very easy going person and it takes a lot to piss me off! This month has really been trying my patience

My pension entitlement appeals application has been sitting collecting dust at BPA's office for over 14 months now.

Finally, my Avocate contacted me about my file and we talked about my options for VRAB hearing. She informed me that she was currently working on my case and told me to call her back ASAP after I decided which path I wanted to take. I told her to expected my decision by 2pm that day. I pondered it over and decided within 2 hours and I tried calling her back. So far, I have been leaving messages for her going on 11 business days. She has not returned my phone calls! Every time I called her office, the secretary tells me that my Avocate is on the phone or out of the office. It's great the she is out avocating, but please don't ask your client to call you ASAP if there is no urgency. BPA has a policy of 'first-in, first-out'....if that is the case...no wonder it takes them over a year to file their case submissions to VRAB.
Seems like they are dragging their feet!

Just wondering if anyone else having trouble with BPA lately?

By the Bay

didn't know there was more than one path for a vrab hearing, mil med docs, civilian up to date med docs, but it all comes down to the legal brief, ask for your copy well in advance of your hearing so you can study it and request any changes or get a second opinion on how its written or presented. It's been awhile for me but they used to put in your copy we have to watch out for this or that, it will give you time to produce evidence to the contrary! Have fun😩

by By the Bay Fri 12 Apr 2019, 15:55

Oh good grief!

I'm a very easy going person and it takes a lot to piss me off! This month has really been trying my patience Neutral

My pension entitlement appeals application has been sitting collecting dust at BPA's office for over 14 months now.

Finally, my Avocate contacted me about my file and we talked about my options for VRAB hearing. She informed me that she was currently working on my case and told me to call her back ASAP after I decided which path I wanted to take. I told her to expected my decision by 2pm that day. I pondered it over and decided within 2 hours and I tried calling her back. So far, I have been leaving messages for her going on 11 business days. She has not returned my phone calls! Every time I called her office, the secretary tells me that my Avocate is on the phone or out of the office. It's great the she is out avocating, but please don't ask your client to call you ASAP if there is no urgency. BPA has a policy of 'first-in, first-out'....if that is the case...no wonder it takes them over a year to file their case submissions to VRAB.
Seems like they are dragging their feet!

Just wondering if anyone else having trouble with BPA lately?

By the Bay

by Rustytheviking Sat 02 Feb 2019, 12:03

Oh I know. At this point I find any dealings with vac humourous.

by Guest Sat 02 Feb 2019, 11:56

Rustytheviking wrote:Yeah, it is funny. Vac dosent believe an rpg explosion and shrapnel to the head can cause a brain injury. The fun part is I also got tinnitus and a blown eardrum from the same event, which was paid out with no appeal.

more confusion, I meant funny that we confused a board hearing with a physical hearing impairment

by Rustytheviking Sat 02 Feb 2019, 11:27

Yeah, it is funny. Vac dosent believe an rpg explosion and shrapnel to the head can cause a brain injury. The fun part is I also got tinnitus and a blown eardrum from the same event, which was paid out with no appeal.

by Guest Sat 02 Feb 2019, 00:47

Rustytheviking wrote:Lol. I meant hearing as in when I finally go in front of the review board to convince them that my brain injury is service related

...now that`s funny.

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