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Claim Status Confusing-See Chrono.

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add55p

Question

What do you think is happening other than unknown delay of claim.

The below status is per EBENEFITS and My personal records

Filed claim April 2007

Received initial denial letter March 2008

Received SOC in response to NOD (DRO Review) February 2010

Submitted VA Form 9 SubstanTive Appeal March 2010

Certified to BVA Status June 2010

Removed from "Certified to BVA" status July 2011

Status been returned to "SUBSTANTIVE APPEAL March 2010" since July 2011.

It is now May 2012 and I have not received any letters explaining what caused them to pull my claim out of "Certified to BVA"

VSO is stating that this is nothing out of the ordinary for VA and that I should just wait and see what happens.

Unfortunately, the VSO did not know that my claim status was changed from "Certified to BVA" back to "SUBSTANTIVE APPEAL" until I inquired about it through him.

My question is, if the VA has found evidence that caused them to pull my claim it out of "Certified To BVA", why is it taking so long for me to get a letter saying what they have done or found.

I have heard of withdrawing an appeal, but pulling a claim out of Certified to BVA and back to Substantive Appeal status does not seem to be justified without a written explaination.

Is VA required to send me a letter explaining why they pulled took my Appeal out of "Certified to BVA" status?

Do you recommend that I bypass my VSO and send a letter directly to VA for an explaination?

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"My question is, if the VA has found evidence that caused them to pull my claim it out of "Certified To BVA", why is it taking so long for me to get a letter saying what they have done or found."

They pulled me out of the 'certified' stack a few times over the last 17 years.

Did you send them more probative evidence in response to a SOC or SSOC?

Or did the VSO prepare a 646 yet?

A lot goes on before an actual transfer of the C file and records to the BVA.

We did a SVR show on that recently available in archives.

It isn't too out of the ordinary in my opinion, but you have a right to know why the change in status.

Have you used IRIS to try to find out?

Edited by Berta
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Dont regard the status listed on ebenefits as credible..it usually isnt. It isnt a priority for the VA to keep it updated, at least at many RO's.

If it were there paycheck, then they would expect an accurate updated statement..but Vets? no.

If you want the status on your claim, I would ask the BVA..its probably much more credible. Ask them for the docket number if you dont have it.

According to what my national DAV rep told me, BVA is curently working on cases docketed in 2010. This means they are about 2.5 years or so behind, and that is consistent with the VCS saying it takes about 4.4 years to make it to the BVA and back, and I assume that is after your case is docketed.

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Carla

"Did you send them more probative evidence in response to a SOC or SSOC?"

No, I did not send them any more evidence

Or did the VSO prepare a 646 yet?

Yes, the VSO to me over a year ago that they had submitted the 646 and the VA had signed off on a VA form 8. Noone ever mentioned a docket number to me.

I had come to the conclusion that the BVA appeal would take a long time. However, when the status changed from "Certified", I became a little concerned.

The last time I used IRIS (July 2011 to inquire about the status change), I received the auto reply, but never a reply form the VA.

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What do you think is happening other than unknown delay of claim.

The below status is per EBENEFITS and My personal records

Filed claim April 2007

Received initial denial letter March 2008

Received SOC in response to NOD (DRO Review) February 2010

Submitted VA Form 9 SubstanTive Appeal March 2010

Certified to BVA Status June 2010

Removed from "Certified to BVA" status July 2011

Status been returned to "SUBSTANTIVE APPEAL March 2010" since July 2011.

It is now May 2012 and I have not received any letters explaining what caused them to pull my claim out of "Certified to BVA"

VSO is stating that this is nothing out of the ordinary for VA and that I should just wait and see what happens.

Unfortunately, the VSO did not know that my claim status was changed from "Certified to BVA" back to "SUBSTANTIVE APPEAL" until I inquired about it through him.

My question is, if the VA has found evidence that caused them to pull my claim it out of "Certified To BVA", why is it taking so long for me to get a letter saying what they have done or found.

I have heard of withdrawing an appeal, but pulling a claim out of Certified to BVA and back to Substantive Appeal status does not seem to be justified without a written explaination.

Is VA required to send me a letter explaining why they pulled took my Appeal out of "Certified to BVA" status?

Do you recommend that I bypass my VSO and send a letter directly to VA for an explaination?

Nothing sounds out of the ordinary

as there IS NO ORDINARY !

No the VA "required to send me a letter explaining why they pulled took my Appeal out of "Certified to BVA" status?"

I do not suggest circumventing your VSO.

Just give the BVA Ombudsmans Office a call and see if they can answer your question.

Keep your question/s simple - write them down first.

JMHO

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  • Have questions about BVA appeals? Contact the Veterans Information Office at 1-800-923-8387.
  • Have corrections to information on your BVA Appeal Status? Contact the BVA Ombudsman at 202-632-4623.

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Carlie

Thank you very much! I will definately call!

One question: If the claim is still setting at VARO, will they still beable to provide inforamtion on my appeal?

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