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

[Buck52]

Yes I agree USNDW

If they don't read the evidence , however this is the time to email your Congressman or Bob McDonald & Explain to them what you just explain here.

There's no excuse for the way they did you or doing you.

[Fat]

There are many reasons why claims are denied at the regional level and eventually end up at the BVA.

Submitting a good claim is paramount, but also acknowledging medical evidence and basing judgment on evidence is just as important.

The triangle of a good claim is straight forward and simple, but somehow more claims seems to be denied because medical evidence is either not present during the process or not considered.

Maybe all submitted relative medical evidence needs to be listed and whether it was used in the decision.

This would force accountability from the veteran and the regional office.

[Buck52]

Fat

Only thing is 

For most veterans that do submit all there ''relative evidence'' & list it in there claims, the problem is  (they skip over it or just flat out don't read it)  this has been an ongoing problem  and just causes more and more backlog.

 

[Gastone]

Certainly can't say I'm knowledgeable regarding every Vet's Claim & Appeal but based on my limited experience, I can't recall the the time I saw a Denial, where the Vet did "everything" right and the RO Rating Dept did everything Wrong.

Most Vet's initial claims are for the most part, a "Crap Shoot." The inexperienced Vet, UN-knowledgeable regarding VA Rule & Regs relies on a Good or Bad VSO, to file the claim. Then sits back hoping (Never Good) for an Award, placing all his trust in the ability and efforts of his VSO-Rep.

Could be 12 - 16 mos before the Vet gets his Denial and realizes it time to get educated and handle his own claim/Appeal.

I'm sure VA Rating Dept Employees drop the ball all the time but most Vet's fingerprints are usually all over their Denials.

Semper Fi

[Berta]

I agree in part but not with this:

" I can't recall the the time I saw a Denial, where the Vet did "everything" right and the RO Rating Dept did everything Wrong.

All of my awards grew out of denials solely because the RO did not read my probative evidence, and in one case, said SSA refused to send my husband's SSA records to them---this was an outright lie, I still have this lie memorialized in 3 letters to my Congressman and 2 State Senators from the VA. 

I called SSA in Baltimore and hung on for quite some time to learn that VA had never even asked for the SSA information.

If you have sent them Probative evidence and authorized them to get all your records and they fail to consider or do anything that is within 38 CFR 4.1 et al ( I use 4.6 the most), then ,as I have advised here, and ,some did take my advise,with good results, ... request them to call CUE on the denial and tell them how they violated 38 CFR 4.6. The last denial I got was reversed in mere weeks due to this tactic (the first tactic I would consider at this point, if I ever file another claim) because they ignored completely my medical evidence, a 2 page detailed opinion from the VA Strategic Health Team, Washington, DC, -their top Cardiologist in DC.

Probative evidence only....nothing redundant or accumulative.

which would be documented medical evidence, documented medical opinions, SSA records ( which are in essense independent medical opinions, etc etc etc.

I personally know a vet who is hanging his hat on crap and has been in the appeals system for over a decade. And has done nothing to seek evidence of establishing a true bonafide nexus so ,no soup for him even if he uses 38 CFR 4.6 the next time he is denied.

I sure do agree with this however:

"I'm sure VA Rating Dept Employees drop the ball all the time but most Vet's fingerprints are usually all over their Denials "

There are no miracles from IMO docs or lawyers, yet sometimes vets think their claims have a strong basis that simply isn't there.

We don't really see much of that here.

 

 

 

 

 

[Berta]

BTW, on one of my CUE Yourself requests,I made the point that since I am not a RO employee I do not have the ability to teach the raters to read my evidence, and consider it , thus their errors were highly detrimental to me, because they chose to completely ignore the evidence, in non compliance with 38 CFR 4.6.

He He.....they dont want that kind of stuff to go to the BVA.....