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linehanpc, Lawyer
Category: Military Law
Satisfied Customers: 53
Experience:  In good standing with CAVC, US Federal Circuit Court of Appeals
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What is a timely matter that the vets board has to act in (expeditious

Customer Question

What is a timely matter that the vets board has to act in (expeditious manner) length of time after I went in front of the board. Where can I find it in writting and how can I use it. Its been over a year. I thought the va when aproving a claim goes back to the date of claim I was approved for ded
Submitted: 8 years ago.
Category: Military Law
Expert:  linehanpc replied 8 years ago.
Sorry, but there are no standard enforceable timelines that the VA, BVA must act or respond in a claim. Similar to SSA or other government agency claims, the typical VA claim is commonly measured in years, not months or weeks.
Customer: replied 8 years ago.
I need someone that deals with the va, there must be a period of time becuase they put it in the denial see 38 usca ss   5109b, 7112(west supp.2008) The second part of the question is :Is a claim when accepted retroactive to the start date or when I was diagnosed with the disease. I appreciate your help but I need specifics probley only a milatary lawyer familar with the va. or someone working there thanks anyway mike fitton
Expert:  linehanpc replied 8 years ago.
Whether or not a claim is payable backwards depends upon the type of claim filed; is this a new claim, re-opended claim or is is a CUE claim?
Customer: replied 8 years ago.
Im sorry i need a lawyer that is dealing with the va on a regular basis or someone that might have worked with them on a regular basis, so I can print a rule of law or case where they have made a judgement so I can physically show it to them. conjecture or opinion won't hold water with them i have been fighting with them for years. They expect the vetran to be a bonafide laywer, with court like opinions and legal statements of fact in writting to do battle with their laywers.

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