As mentioned, in Part 1 of this series of blog posts on the Veterans Appeals Improvement and Modernization Act of 2017, this blog will discuss two topics; Dockets at the Board of Veterans’ Appeals and Advancement on the Docket.
If the bill is passed into law, there will be two separate dockets maintained at the Board of Veterans Appeals (BVA), absent justification for an additional docket as reported to Congress directly. The cases will be split accordingly:
- Cases that request a hearing.
- We suspect that cases that request no hearing but the opportunity to submit additional evidence will be placed in the same docket as those requesting hearings.
- Cases that request no hearing and no opportunity to submit additional evidence.
Traditionally, the BVA would advance a case on the docket if the Veteran was in severe financial hardship, was 75 years or older, was terminally ill or “for other sufficient cause shown.” The new process would be similar but has a few noteworthy differences. There is no longer an option for advancement if the Veteran is of “advancing age.” Motions for advancement on the docket will only be considered if they meet one of the following:
- The case involves interpretation of law of general application affecting other claims; or
- Example: If your claim for benefits has the possibility of affecting case law or other veteran’s claims.
- Appellant is seriously (terminally) ill or is under severe financial hardship; or
- For other sufficient cause shown.
Over the next few weeks Marcari, Russotto, Spencer & Balaban will continue to release a series of blogs explaining the Veterans Appeals Improvement and Modernization Act of 2017 and how it will affect veterans. Our Veterans Disability Benefits Attorneys believe it is important to keep veterans informed of their rights. If you need assistance appealing your Veterans Disability Benefits Claim, contact us online or give us a call 866-866-8387.
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— Alfred Daye
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— Harry Johnson
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— Luther Henderson
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— Michele DeZayas
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— Michele DeZayas
Tony D. McElveen
Irritated, A claim I from 2012 has 3 issues to be ajudicated. For some strange reason one of the 3 were overlooked & never addressed. I was told I have to go thru the appeals process for this issue. Doesnt make sense if the VA makes a mistake that I have to wait what is really 5 years for resolution for the oversite on their end.
David S. Russotto
Tony, Would you like for one of our Veterans Disability Benefits Paralegals to contact you regarding your claim?
Tony D McELveen
Just got the reply from my post. Would like to speak with someone.
David S. Russotto
We can be reached at 866-866-8387.
RICH CHEATHAM
This is BAD for Veterans. If this Bill becomes law, it will allow the V A to cover up claims that were processed wrong. It will do away with requirements already on the books the V A is supposed to follow when processing claims. The pushing this Bill does not want to help Vets.
Walter stover
I was in Thailand 1973-1974they were using agent orange have not heard anymore on it