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Backlog doubled at Board of Veterans Appeals

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broncovet

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According to this comment poster at Ben Krause website, the backlog at BVA just got worse...way worse, and now stands at 6 to 7 years:    

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ene February 16, 2017 at 6:49 am

As of 02/14/2017 the new docket date for the Veterans Board of Appeals now stands at January of 2013 (per the VAs website). Last November they were reviewing cases up to September of 2014. I called the VA and asked how these docket dates could move in reverse by 1 and 3/4 years in just a few months and was told that they did an “Inventory” and discovered cases, (nation wide?) that were never added into the system. By my calculations it must be hundreds of thousands. it was 440,000 cases back-logged and it may now really be double that. It looks to me like the new board of appeals case delay must now be at least around 6 to 7 years under the current system. At the Congressional hearing on the 14th of February (same day) on Veterans affairs it was briefly stated that the Delay at the board of appeals is currently standing at several years. This was by the Representative of the VFW. Evidently nobody seems to be aware of what happened over there yet. The bill currently sitting in Congress right now to repair the delays at the board of appeals will have to be re-written when they find out the delays are now twice as bad as was previously reported to congress. Who knows what else the VA will find. I’m expecting the current docket case dates to continue moving in reverse until at least the middle of 2012. It took almost 3 years for the current docket date to move from January of 2013 to September of 2014, and they went right back to January of 2013 in less than 90 days. Sadly, There is such a high level of incompetency and corruption at all levels of the VA that I personally think it can only be modestly improved and never repaired. It really surprises me that congress, the VVA, VFW, and the American Legion are not aware of what happened at the VA board of appeals in the last 90 days. The three people representing the VA didn’t volunteer any info on the appeals process and delays to congress, nor were they asked any questions in regard to it. What a circus!

Source:  Ben Krause website, comments:

http://www.disabledveterans.org/2017/02/16/want-to-know-why-the-va-claims-backlog-increased-last-month/?inf_contact_key=1f62be07d9277f3c8ef2f4d3094098b79e8bea0a44bcc6dbb2572573126b0ac3

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The House Committee on Veterans' Affairs reviews veterans' programs, examines current laws, and reports bills and amendments to strengthen existing laws concerning veterans and the BVA

https://veterans.house.gov/    twitter is,, @HouseVetAffairs 

all the congress persons who are on the comity are listed and the twitter accounts are there to.

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I went to the BVA search site and put only the word Remand into the search feature.

 

I only clicked the last five years:

Top of Form

 2016 (41942) 2015 (44621) 2014 (42353) 2013 (28110) 2012 (34329) 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992

Bottom of Form

Page 1 of 191355 results — searched 229863

http://www.index.va.gov/search/va/bva_search.jsp?QT=Remand&EW=&AT=&ET=&RPP=10&DB=2016&DB=2015&DB=2014&DB=2013&DB=2012

 A 'Remand' is  a Re -do of what, in most cases the Regional Office should have done in the first place.

Sometimes a claimant themselves can avoid a remand by sending more probative evidence to the BVA, before the BVA decision is made.

You would think the vet orgs would be in an uproar about this but they don't care.

In some cases above the word might refer to a past remand that has returned to the BVA.

 

.

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to add: I went back to the BVA to read the first 3 2016 remands.

The first claim was re-opened by the BVA,then remanded .

Unfortunately the claim was never re opened sooner:

FINDINGS OF FACT

 

“1.  A December 2004 rating decision denied the claim of entitlement to service connection for a bilateral eye disorder; the Veteran did not appeal the decision or submit any pertinent evidence within the appeal period.

 

2.  Evidence received subsequent to the expiration of the appeal period includes evidence that is not cumulative or redundant of the evidence previously of record and relates to an unestablished fact necessary to substantiate the claim.”

 

The claim was remanded for additional development :

 

https://www.va.gov/vetapp16/Files6/1648557.txt

This remand was not due to the RO

This one was :

https://www.va.gov/vetapp16/Files6/1648551.txt

(many denials were continued in their decision but the BVA granted 4 of the claims. Why couldn’t the RO do that?)

https://www.va.gov/vetapp16/Files6/1648518.txt

This claim was on it’s SECOND Remand for DUE Process.

The Remand listed what the VA was supposed to do……probably what they should have done years ago.

I asked for a remand for my AO DMII claim.My VCAA Due Process rights were severely violated. BVA agreed but remanded for a third VA medical opinion ( I had 3 IMos for the claim).

When the claim returned from the Bogus C & P exam (I had also knocked down the examiner medically and sent my lay opinion to the BVA) the BVA agreed with me that this exam was too speculative and awarded, stating the VCAA violation was moot because I had enough probative evidence anyhow.

 

If your VCAA  5103 waiver is prepared wrong (and to your detriment) your VCAA rights have been violated.That will surely cause a decision from the regional level that will be erroneous. And that decision can be CUED.

Many Remands, if you read over them at the BVA would be unneeded if the ROs did the claim right from the git go. And if they did that, in many cases, the veteran would not even have to appeal to the BVA.

As I mentioned here my 5103 waiver was prepared wrong.But I had listed all of the evidence they already had on the waiver for each claim the one waiver was for. One denial was overturned by CUE within a month, the other denial is still pending due to the CUE I filed on that.

You cant CUE violations the VCAA, you CAN cue the results of it,if the VA requests probative evidence and then completely disregards that evidence in their decision.( CUE under 38 CFR 4.6)

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