Vets don't choose VARO for their adjudication nor medical center for treatment

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Jim Strickland is a nationally known advocate for veterans and a member of the Stateside Legal Advisory Board. This column appears with his permission. Jim's opinions are his own.

NOTE: Letters in my Q&A columns are reprinted just as they come to me. Spelling and grammar are left as is and only small corrections are made to improve readability, ensure anonymity or delete expletives that may offend some readers. This is not legal advice. You should always seek the advice of an attorney who is qualified in Veterans' law before you make any decisions about your own benefits.

Jim,

As I understand it, the Agency of Jurisdiction (AOJ) is the regional office where the claim was originally decided.

Question 1: Is my above interpretation of the AOJ correct?

Question 2: Can a claim be sent to another regional office before it is completely adjudicated by the AOJ?

Thank you.

Reply:

Yes, AOJ generally refers to the VARO where the claim was initiated.

Yes, claims are routinely sent back and forth from one VARO to another in a process VA calls brokering. Brokering is done to lighten the workload of one VARO if circumstances indicate that they are way over their limits with backlogged cases. The busier VARO passes on (x) number of claims to a less busy VARO where the claims are decided in the usual way. In theory, all claims are subject to the same process whether adjudicated in Puerto Rico or Pennsylvania.

Claims may also be sent to another VARO when the veteran relocates. If the vet moves and notifies VA of the new address, his unfinished claim should follow him to the new VARO. I advise veterans to think carefully about this before they notify the VARO of a new address. While they should notify the VA of a change of address, it's likely that the C-File and routine of the claim adjudication will be interrupted and further delayed. It's entirely possible to move and not notify VA.

This requires that the veteran is sure of mail forwarding. This is usually simple and easily done by completing a form at the veterans local post office. Then the vet will have to consider the monthly deposit, assuming there is one. That's also easy enough. With on-line banking, there's really no need to have a local bank near to your residence. I've had bank accounts in 4 or 5 different states simultaneously and never had any problems. I've lived 2000 miles from the bank where my VA checks were deposited.

When the veteran heads to his/her new VA Medical Center, the VAMC will want the new address. The VAMC will not notify the VARO of a change of address so it's unlikely to be discovered.

Claims are always transferred to another VARO when the claim is filed by a VA (veteran) employee who works at the sending VARO. This supposedly ensures that his/her friends aren't involved in the adjudication.

Veterans do not get to choose the VARO for their adjudication nor may they choose a medical center for treatment. That's a question I get often. Vets get the idea that if they send their claim to another VARO that they hear is approving claims faster, maybe theirs will move along too. Or they believe that a medical center in another state will do a better job for them. The choice is made by geography, not by the vet.