Cancelling a Appeal

[Wjason777]

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. 

[RUREADY]

robert.a.mcdonald@va.gov   is Bob  e mail address he should be able

to find out something for you and broncovet  gave you some good advice

on where to start.

 

[Buck52]

After this long and  no contact...

I'd shoot Bob an email   that should work better than anything.  tell him what you mention here on hadit. keep your email as short as you can but detail it some what.

jmo

.......................Buck

[Gastone]

The size of your possible Retro Award, X$$ X 6 or 8 years since original Claim, has to be the deciding factor.

Just for info, neither you nor your VSO, had any contact with your RO regarding your BVA Appeal Status from 2011 thru 2014, right? At any time after you filed your BVA Hearing Request (2011) did you have occasion to check your Appeal Status with your VSO, RO or on your E-Ben Site?

Was any "New & Material Evidence" sent in, post the 2011 9 Filing? Has a BVA Docket # been assigned to your Appeal?

Saying someone at the VA is "lying," implies an intent to deceive. Do you really believe that a VA employee "lied" about receiving your 9? Probably a better chance that it was misfiled or some other low level admin screw up, remember, they are Government Employees.

If you really don't care about the Retro $$, find a local VA Accredited Attorney,  If your Appeal is actually at the BVA, for 20% of your Retro $$, a VA Lawyer should jump at the chance of a fast payday.

Semper Fi 

 

[Wjason777]

On August 9, 2016 at 7:15 AM, Buck52 said:

After this long and  no contact...

I'd shoot Bob an email   that should work better than anything.  tell him what you mention here on hadit. keep your email as short as you can but detail it some what.

jmo

.......................Buck

Great news!!!!!!!!

i shot Bob and email and within hours I received a phone called. 

He tooked care of it and is getting it assigned a doc number.

They are currently working on 2014 appeals. Since my appeal was from 2011 I should hear something ASAP. 

 

Thanks guys!

[Buck52]

Thats good!

hope you hear something soon.

[Gastone]

Could be wrong, BVA hears Appeals based strictly on Docket Number Date, not date the Appeal was filed. Not to say, some sort of advancement isn't possible, usually only Homeless, brink of Bankruptcy or short time to live, qualify for Hardship advancement to the head of the line. "Is getting it assigned a Docket Number,"sounds like a New 2016 Docket Number will be assigned.

What type of BVA Hearing did you request,DC, RO Video Hearing or RO Travel Board?

Semper Fi