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Form 9 and new NOD

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saxman

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Hello everyone!  

I filed a form 9 on 30 Nov 2015 and it's still waiting to get certified by my local RO.  I have another NOD to file but I'm worried that the VA will combined the two appeals together and make the current one take even longer.  Has anybody ever experience this before and what was the outcome?  Any input is truly appreciated !    Thanks in advance...

The date of the first NOD is July 2014!

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Yes, I have experienced this.  File the new NOD.  You are correct, that VA will likely combine these appeals into one VA decision.  

Most likely, your VSO has not yet prepared a brief for the BVA, and he is "sitting" on your appeal.  What does ebenefits say your status is?  Did you get a docket number?  

Yes, it is maddening that VA takes so long.   The only way to reduce that time is for you to apply for an advance on the docket at BVA, and I dont know if you qualify for that or not.  The 2 "no brainers" for an advance on the docket is if you are homeless, or about to become homeless, or if you are over age 75...these are regurly given an advance on the docket.  

After checking ebenefits, I recommend you likely call your NATIONAL VSO office, probably at your VARO.  This is where my VSO prepares the brief for BVA. 

The brief prepared by the national VSO is basically hogwash, but is required.  The VSO usually asks the BOard to give the Veteran the benefit of the doubt...gee, as if they did not already know that.  

I know you probably think, that, after a year you are close but it just isnt so.  If you look at the BVA chairmans report, you will see it takes 3 or 4 years to complete a board decision, so, when spending that much time, you want all your issues adjuticated, or its back to the BVA again.  

There is another big advantage of combining your appeals.  Let me explain.  The result of the majority of BVA decision is remand.  About 46% are remanded.  Depending on who represents you, about another 25% or so are awarded and about 20% or so are denied.  (Claimants represented by an attorney at the BVA are denied only about 10% of the time.)  

Here is the 2014 chairmans report, noting that the backlog is increasing so it will likely take you longer than the numbers there.  

http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2014AR.pdf

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Hi broncovet,

 

eBenefits said " form 9 received 30 nov 2015"  under action there is nothing.  I have not received a doc number either.  there is no other information.  When  called about it all they told me is it's taking about 753 days from the date of the NOD. by my calculations they are over that 753 days! No I don't qualify for and advance docket at the BVA. I will call the National VSO tomorrow because there hasn't been any movement in about a year, and it's way pass the estimated time they gave me.  Thanks for the info!!   I was just stuck on what to do!  Also, I will get my other NOD together to send in.

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I called the National DAV office and asked if the VSO is holding my appeal to look over it before the RO certify it and all she told me is it could take 5 years for an appeal.  She never answered my question, and I could tell she was just reading something!  So frustrating!!!

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Take the time to research.  Research your condition(s).  Research the C&P doctor for obvious signs of "quackedness".  Research your C-File and request an updated copy with all new information.  Sometimes they'll give you a gold nugget of some important medical report or lab report from your military service that they "forgot" to provide under previous FOIA requests.

Request anything and everything from the NPRC.  Often, they'll have key records that the VA doesn't bother to retrieve.

If you haven't already, get a good IME/IMO done.  This might force them to do a reset and send you back into the land of NOD instead of BVA appeals.

Good luck and thanks for your service!

Mark

 

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