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Cancelling a Appeal

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Wjason777

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Hello

I filled and appeal back in 2011 for back, tmj, sinuses/ allergies. Etc

To make a long story short, back in 2012 they cancelled it due to failure to respond with a form 9. Which was a lie and I have proof. Didn't find out that it was closed until 2014. 

I ended up going to my local congressman and submitting all the proof that I had indeed responded on time. 

In 2015 my appeal was reopened and I received a apology from the regional appeals coach. 

With 6th year of waiting  approaching, with still no response or progress . I think it's best that I just cancel the appeal and resubmit as a regular claim. 

My questions to you guys is ,

Is that even possible to cancel and appeal?

Would it be the right thing to do at this point?

Should I go back to my local congressman to get it cancelled?

Would I still be able to use all the evidence that i submitted for the appeal?

thanks. 

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Dont cancel your appeal.  You only have about a 15% chance that a "new" claim will be granted the first time, while you have a better than 60% chance of award or remand at the BVA.  

Chance are, if you cancel your appeal, you will be back appealing the new claim.  

While I understand the long, long backlog at the BVA is very frustrating, canceling your appeal will just make things far worse, since several years from now you will be right back to where you are now.  

You will be driving down a rabbit hole to nowhere by cancelling your appeal, there in no benefit to you in doing so.  

It wont speed anything up.  

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Try some alternatives, instead:

1.  Send an IRIS email, explaining you were erroneoulsy "not given a docket number" by the BVA due to RO error of losing your I9.  

2.  Ask for an advance on the docket because of this.

3.  Contact your BVA omnibudsman.

4.  Email Bob McDonald.

 

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At ease on the "Was a Lie." VA employees make mistakes just like any of us. Who filed the 9 response, you or a VSO Rep? Sent US Mail Cert Return Receipt Requested, right?

That problem seems to be behind you. Just for info, why would you even consider cancelling your Appeal and losing whatever Retro $$ you might have coming? Any thoughts on what your SC Award, Final combined Rating should be?

Somebody, at your RO or with your VSO HQ at the RO, should be able to determine the current status of your Appeal. Exactly what Appeal Path, DRO or BVA, did you choose? DRO Reviews take a couple years, DRO Hearings can take 3 - 4 yrs and BVA Hearings can take 4+ yrs. Diary Dates regarding your Appeal, are listed in your electronic C-File,

Semper Fi

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11 hours ago, broncovet said:

Try some alternatives, instead:

1.  Send an IRIS email, explaining you were erroneoulsy "not given a docket number" by the BVA due to RO error of losing your I9.  

2.  Ask for an advance on the docket because of this.

3.  Contact your BVA omnibudsman.

4.  Email Bob McDonald.

 

Never herd of and IRIS email. Could you please go into detail about that?

Whats Bob McDonald's email?

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16 minutes ago, Gastone said:

At ease on the "Was a Lie." VA employees make mistakes just like any of us. Who filed the 9 response, you or a VSO Rep? Sent US Mail Cert Return Receipt Requested, right?

That problem seems to be behind you. Just for info, why would you even consider cancelling your Appeal and losing whatever Retro $$ you might have coming? Any thoughts on what your SC Award, Final combined Rating should be?

Somebody, at your RO or with your VSO HQ at the RO, should be able to determine the current status of your Appeal. Exactly what Appeal Path, DRO or BVA, did you choose? DRO Reviews take a couple years, DRO Hearings can take 3 - 4 yrs and BVA Hearings can take 4+ yrs. Diary Dates regarding your Appeal, are listed in your electronic C-File,

Semper Fi

No it's no at ease about this, I did everything on my end that was asked of me. I sent the required documents and form 9. I had 60 days to respond to it. It was in the mail the very next day. Yes it was indeed sent Certified with tracking and Sign Receipt. I have proof that it was delivered and signed for. That's was how I was able to get it reopened. 

I asked for a BVA.

 Called the regional office and they said that the BVA has it. That was about 2 years ago.

 

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I think it may be time for a Writ of Mandamus Petition for Extraordinary Relief.  You can write a letter to the Court, in your own words, saying you are filing a writ petition because of unreasonable delays and describe the history of this appeal.  Send $50 or a Waiver form for financial hardship.  You'll see some action soon thereafter, one way or the other.  

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