Treysnonna

[treysnonna]

How long on average is an appeal with the Vso.  I know Bronco said his was with his Vso for 18 months.  I believe that to be way to long.

[treysnonna]

Berta, it is not a remand yet.  It is an appeal that is at bva, for a decision to be made.  But it is with the Vso for review.  We do have letters in there from. Both his doctors.we will be calling the Vso to let us know what he writes up.  They messed it up and had a meeting for the travel board.  So I'm wondering since they have it straightened out does it sound like it will be going before the board soon?

[paulcolrain]

i have a doc# of 15 as well. the BVA website shows it as they are working on OCT 2013..... THIS IS NUTS...DO YOURSELVES A FAVOR AND TRY FOR ADVANCEMENT ON DOCKET.. WISH I DID,,DOING NOW THOUGH BECAUSE IT SEEMS IVE GOT  AT LEAST ANOTHER 2.5 YEARS TO WAIT SO WHAT THE HECK.

IM NOT SURE WHY BUT I ALWAYS THOUGHT THAT BECAUSE I HAD MY HEARING ALREADY THEY CERTAINLY WOULDNT WAIT THE WHOLE 5 YEARS TO DECIDE... I WAS WRONG.

Edited December 29, 2016 by paulcolrain

[Gastone]

If you have a BVA Docket # of 2015, your Appeal has been certified as complete by the RO and has been transferred to the BVA. At some point, in the way distant future, you'll receive a BVA letter advising you of a "60? Day New & Material Evidence" Cut-off Date. After that date expires (assuming you haven't submitted any N & M Evid), you'll be much closer to your actual BVA Hearing Date.

Keep in mind, the actual Hearing is conducted by a Jr to mid level BVA Attorney. This Hearing Judge is like a Law Clerk to the SR BVA Judge that makes the Final decision. He makes sure all the Legal I & T's are dotted & crossed. If an issue needs an apparent Remand, he's supposed to catch it. It's not unusual for an actual BVA Decisions to take upwards of a year, before it's issued. Denials probably take longer than Awards.

Read Chris Attig's interview with a SR BVA Judge, late 2015. Will give you a much better understanding of the BVA Decision process.

Someone posted about trying to get an Advancement on the Docket. I'd rather wait, than actually be eligible for a Docket Advancement. Docket Advancements are eligible if the Vet is Terminal or about to be or is Homeless and I think if he's about to file Bankruptcy.

VA doesn't schedule SC Re-Exams after age 55, unless a New Secondary or an SC Increase is requested.. Prior to 55, C-Files are usually Diary Dated for SC re-exams at 3 - 5 yr intervals.

Your husbands NOD was Filed 11/12, right, by you or your VSO? So that puts you at 4 yrs today. Did you really expect to get a DC BVA Hearing in under 5 yrs? End of 17 maybe, with a Decision or Remands by mid 18, would be more realistic.

Who's idea was it to skip the BVA Video or Travel Board Hearing, usually much faster than DC? What rational was used?

A good friend of mine had his Appeal setting in DC for over 18 months, VSO couldn't seem to provide any info or help. We talked about the need for an Attorney, he tried Chris Attig's firm, got turned down. I suspect not enough Retro involved. I suggested he contact the DC Pro Bono NVL?? lawyers, they took his case no Retro % involved. Ended up with a BVA Denial, end of 14. Went to the CAVC, just got a full Remand Awarded 12/15. Not a win, but still better than a stick in the eye, right. The Pro Bono Law Firm ended up getting about 12 to $16K in Legal Fees Awarded by the CAVC, to be paid by the VA. A Remand is considered a Win.

Has your husband filed for IU? New Claims don't affect your Appeals.

Try to relax and enjoy the New Year

Semper Fi

 

[Berta]

"

Berta, it is not a remand yet.  It is an appeal that is at bva, for a decision to be made." Odd, that link I posted had the same docket #."

 But it is with the Vso for review.  We do have letters in there from. Both his doctors.we will be calling the Vso to let us know what he writes up.  They messed it up and had a meeting for the travel board.  So I'm wondering since they have it straightened out does it sound like it will be going before the board soon?" 

 

It sounds to me like the BVA is waiting for a 646 from your VSO.

 

I think they should eliminate that procedure because often a 646 sits on a vet rep's desk for some time and they do not really raise a significant argument for the claim.

If a VSO or rep wants to provide support and even additional argument for a claim, then they should have the right to do that, but otherwise,if they have nothing to add, I think the 646 should be waived.

 

Usually the only time I even see a 646 mentioned at the BVA is when the vet rep or VSO prepared a solid argument to push the claim forward.

 

This was one I found:

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp15/Files2/1517451.txt

The VSO raised a medical treatise link in the 646 and the BVA remanded , instead of denying the claim.

[Gastone]

Is there the slightest possibility, you & your VSO changing up on the BVA Hearing Location, somehow Fracked Up your Appeal timeline?

Might be time for your Husband to have a face to face with the MFIC at his RO VSO HQ Office. As Berta opined, might be a BVA Document setting on someone's desk at the VSO HQ, that hasn't been addressed. This could push a BVA Decision to late 2018, definitely not good.

VSOs and continuity of followup for anything, but especially Appeals, can be a serious problem. Just maybe, somebody dropped the "Due Diligence" ball. VSO error, while not uncommon, isn't grounds for a BVA Hearing advancement.

Semper Fi

[treysnonna]

Berta,  the first claim you posted,  that was the certification number, the doc number was 1223978a.  Scared me there!  Gaston, my husband had originally agreed to a travel board hearing, and then they sent him something asking if he would just like to let bva decide his case,  that it would not take has long, or some crap like that.  So he signed it sent it back.  But they did not get it straightened out and he had a scheduled meeting for Tavel board in st. Pete.  But that is quite always for us to drive at our age and condition..  but at the same time I had already called gotten his docket number, so we cal the Vso in Washington that is handling it thru American legion, so he called and cancel the travel board meeting.  It has been with him sinc nov 30.