Why it takes about 5 years to appeal to the Board

[broncovet]

The 2014 BVA Chairmans report is here:

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

On page 22, the "time frames are listed".  Here they are:

NOD to SOC     330 days.  

SOC to I9          39 days (This is the Veterans time to file I9)

Substantive Appeal Receipt to Certification and Receipt of Appeal at the Board    681 days

Receipt of Certified Appeal to Issuance of Decision                                           357 days

Remand time factor                                                                                      311 days

Total NOT INCLUDING the time "with VSO"                                           1718 days  or 4.7 years  Total.

Unfortunately these numbers are from 2014, where they explained the number of cases to the board has already increased, big time, so your claim will likely take MORE THAN 5 years, and that assumes "nothing" goes wrong, and your case moves along at an average pace.  

REMEMBER, this assumes your case will NOT sit at your VSO's office, and this is not true.  Mine sat in the VSO office for an additional 18 months.  This means filing a NOD now means you probably wont see a BVA decision on it until year 2022 or 2023, maybe even later.  

Edited September 20, 2016 by broncovet

[ArNG11]

That is always the hard part, I believe, it is not enough to ask for help and get it, to become knowledgable in the fight and not use that knowledge to help yourself or better yet someone else who needs the help.  I must admit that each and every one of US, have that flame, knowing when to fan it and when to let it burn by it self I believe is the hardest part. Once that flame is self sustaining it is rather easy, keeping it that way is another matter entirely.

Self empowerment has its place, however, those little nudges are usually the ones that can determine a victory or defeat.  Sometimes that little spark or that dousing of fuel is all it takes.

This process is long and at times can devour someone if care is not taken, however, progress and success need to have that little push, that little bit of accelerant to get going again.  I find this site to be that fuel, that spark and in the process met some of the strongest willed people I have encountered. They gave me hope and direction. 

Although at times 5 years can seem to be an eternity, 5 years is nothing compared to a person's lifetime after that investment. Those that benefit even after you're gone is what sticks in my mind.  It is all relative and must be considered.

JMO.  Keep fighting till your last breath!

[Buck52]

Yes I agree with most of these post .

In my opinion The BVA CAVC do have some good points, but its never fun to be denied when you present everything that is required for the VA TO Adjudicate Your claims,

However there given us all a limited chance when we NOD to see if the DRO can help  our claims or file the 9 to the BVA  No matter how long it takes  if it takes years  well when you do win at this point  there's all that retro but I realize some of us need the help now..&.....some of us fell on hard times,..But the VA DOES GIVE US THE APPEAL RIGHTS TO GET THINGS RIGHT  So I am glad for that, what if there were no BVA? and your denial was final and nothing else we could do?

  So the BVA does have its good points  b/c in time 18 months or 5 years or more OR LESS the Veteran will eventually win his/her claim and it all goes back to when he/she first filed their claim/EED

I know when I was fighting with the VA we Rented  until the kids left home   ..I could not work b/c of my disability's  so my spouse carried the load  and that made me feel so bad   bad that I could not put food on my family's table and pay the rent, I made things worse drinking that never helps a bit.

I first started doing business with VA back in 1984 VAMC  and education 12 years after I got back from Nam

Filed my first comp claim in 1998 was denied right off the Bat I never new to get records or what they were for

The  DAV-VSO I hired never helped us one bit  which we were fooled  or fools for trusting him..this is when I found Hadit  b/c I had hadit..I was fooling around with google search one day and I trype in Hadit. And this is how I found Ms Tbird hadit.com sight.

I ended up getting some great advise from hadit members berta, carlie and Phillip Rogers ''Flip'' back then around 1999/2000

I won my claims because of these wonderful people  their Encouragement/Knowledge with the VA Claims process is what got me through all this VA BS and eventually I got 100% TDIU P&T and there knowledge carried on over to me and I started helping other veterans and myself with more claims as I started to age..I am to the point now  where I can't get any more compensation unless I become bedridden or lose my limbs.

 I am satisfied with my ratings now  and all I have got from the VA.

 I Have been through these programs  Voc-Rehab,  The ILP , and fortunate enough to meet the criteria for SMCS 1 H.B. And currently being treated for my S.C. Chronic PTSD at my VAMC.

 I finished school to get my Degree (VA Paid for it) although I never got to use it  b/c fighting with the VA Took its toll on me and I run out of time to enjoy my life so  I had retire at age 51 I am 64 now.

but now I'm having heart conditions coming up....so I am done with the VA As for as my claims   I have 4 years left to meet my 20 year Rule  and According to my new C-File I Have a Dairy Exam Due 2-17-2017  They call it a'' IU UNEMPLOYMENT REVIEW''  (Imagine that)

I will still help any Veteran in need or ask for my help &  if i can't help I know who can  my Hadit Family. This includes all of you.

[Berta]

I think one big reason why valid claims get to the BVA is that RO claims employees often do not have the ability and/or the willingness to read.

If we could file our claims directly with the BVA , a BVA that is bolstered by new hires of more BVA attorneys paid by eliminating the salaries of nationwide RO workers with proven track records that they make errors on claims, 

(their initials appear on every decision) it would be a Wonderful World.

The BVA can read.

Just about every single claims decision I have received from VA for over 20 years was erroneous.

The fact that I overcame those errors they used to deny, as Many of you here have done, shows to me that the system is rigged against us the very minute they give us a C file number.

My first sentence here goes for Vep reps and VS0s too.

The good SOs and reps are too overwhelmed to be completely thorough with their advice on every claim they have. Luckily us claimants usually only have one claim or maybe a few separate VA issues to deal with.

[Buck52]

Some DRO's can't read either  

I think the veterans claims should be decided at this level and if they were Most claims would be Awarded.

It maybe just me but when a veteran has everything it takes to win a claim all the correct evidence & records all in the veteran favor and the rater don't read all of it and then the vet is denied, 

Then vet files NOD  for a DRO Hearing (usually) they are other means to how the veteran wants his claim to be decided.

Some times DRO Hearings are no good...it maybe just me but I truly think if the DRO don't like the veteran or just don't like his/her looks   they have a denial in mind, because when a veteran proves his case to a DRO and has everything needed for the DRO to make the Right Decision   they don't do that  instead they tell the veteran:

''ok well everything looks good  I will take this back to my desk and I'will read the evidence more and this may take a while so I'll let you know by letter in 60 days or less''  ect,,ect,,

 to me that DRO knew he would deny that veteran...then the Appeals process begins a timely process, BVA Journey starts I -9 filed SOC read ect ect,,,  and the wait for a decision that should have already been made....This cost the VA more $$ b/c one day the veteran will win his/her claim  and get a lot of retro paid but what does the veteran do in the mean time....sometimes its to late (vet dies)  but the agony and worry's with the VA is carried on by this veteran family  and this should never happen but it happens everyday at the V A

jmo

..........Buck

[Berta]

My DRO in 2005 told my former vet rep she could not read.

That is ,he told me she said she could not read my IMO from Dr. Bash and handed it back to him.

Based on the SSOC (this was a double DRO review-same DRO who ignored the IMO the first time too)

I said I hope you gave it back to her to put into the record , he hesitated and then suddenly said...'well I got you another VA medical opinion (posthumous C & P exam) she (the DRO)said she would set up...I was pretty surprised she did that for me....'(like it was a great big deal)

I said ,if she said she could not read the IMO from Dr Bash, how the hell can she read the C & P results from any doctor? no answer.

The SSOC clearly reveals that one of them was lying.This was 2005. The DRO might well be a VARO director by now. The vet rep is long gone........

[USNDW]

On ‎9‎/‎20‎/‎2016 at 3:41 PM, Buck52 said:

This is the reason why veterans should perfect their claim and  get everything correct, like evidence , How you present it (word it) the whole 9 yards.

 

Buck, problem with that is, even if you perfect your claim with all evidence and supporting statements, it does not mean they will het it right.

I filed a NOD, 3 or 4 times for the same claim, and the VARO kept re-filing it. I sent several form 9's and they kept processing it as  NOD. The real problem existed when they failed to retain or even use the medical records I was sending them and they absolutely did not request any records from providers I gave them, and then they even agreed on the condition but said my dates of service did not match. VARO stated the condition was diagnosed 9/2009 by R.D (my private rheumatologist) but dates of service were from 2001-2003. I served from 1985-10/2008.

BVA appeals do happen when the Veteran does everything right and the VARO does everything wrong, really, really wrong.

 

Thanks for your describing what Veterans should do, because it is so vitally important that we do our part correctly even if the VA cannot!

Edited October 15, 2016 by USNDW