Backlog doubled at Board of Veterans Appeals

[broncovet]

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:    

Quote

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

Edited February 17, 2017 by broncovet

[broncovet]

According to the most recent Chairmans report available (2015) 47% of the  comp claims which reach the board are remanded, with another 31 percent awarded.  

If you add the remands (where there are errors) and awards (which were erroneously denied), that means 78% of RO decisions are wrong, and only 22 percent were properly denied.  But wait!  Some of these 22 percent of BVA denials are remanded or reversed by the courts, and the actual percentage of correct VARO decisions I estimate at less than 20 percent correct.  

Remember, just because a Veteran fails to appeal does not mean the decision is correct.. it may also mean the VEteran failed to appeal because he was poorly advised by his VSO, because the VEteran was too weak or sick to appeal, because the Veteran died, or for other reasons other than the RO decision was "correct".  

[Berta]

That is right Broncovet.....

I was even told by my former vet rep Not to NOD my 1998 award letter, yet he even agreed with me that it was wrong but added, this was a 1151 award so they are different.By time I reopened my claim for direct SC death (the 1998 award was for 1151 death by VA)in 2003 , it still bothered me.So I filed a CUE in 2003 and then another one in 2004 on same decision and those CUEs only took from 2003/2004 to 2012 to be awarded-never went to the BVA.They knew there was much retro involved.

 

However my last CUE ( same decision) only took a month,to reverse a denial into an award. 1151 HBP  here somewhere.Awarded last year.

Another rep I had ( both of them are gone) told me in 2003 my AO DMII claim didnt have much of a chance and I was looking at a CAVC potential, many years down the road. He was wrong too.

And my first rep from the DAV was awful as well.He tried to downplay my probative evidence, and I guess he wanted me to be discouraged.Some of the vet reps I had acted like they were God almighty and they didn't know diddly squat.I would never trust a vet rep again.Some Vet reps still say the claim died with the veteran,when a survivor contacts them

The DAV rep said that to me long ago,when they learned my husband had died ,on their POA, and was going to hang up on me,  and I reminded the dope  that the regulations allow pending claims at death , to be resurrected by the survivor. I wonder how many widows he never explained that to..and then those widows never filed for DIC or even a wartime pension.

If the VA finally has to become accountable for their errors in claims and in their medical care, then those Vet Orgs need some accountability too.

Edited February 21, 2017 by Berta

[Nick2021]

Wow....unbelievable...

[broncovet]

I was told by a VSO that I should NOT appeal a 0 percent rating..that instead, "I was service connected at 0%, and get lots of benefits from that and can always ask for an increase."  

He added that VA could take my 0 percent away....

That advice cost me at least 100,000, and many years of frustrations.  I did not know better.  VSO's often recommend not appealing.   There is almost NO downside to filing a Nod within a year.  YOu can still file a Cue or reopen later, if a CUE or 3.156 claim winds up more appropriate.  

Other Vets have told me that their VSO did not advocate appeals, and they play the "reduce" card...gee if you appeal you could be reduced instead.  Its pure hogwash.  

[paulcolrain]

now the bva customer service site today is stating...

• Currently, the Board is generally distributing cases to Veterans Law Judges for adjudication with docket dates up to November 2012.  

[treysnonna]

bronco, just called bva, they told me they were working on July 14. So who tells the truth.  My. Husband wants e to call  st. Pete.  But would they know any more?  I did question him about the inventory.  He said he did not know anything about this.  But that they were working on July 14.  I also called vso(American legend).  I had the name of the guy we were told was vworking on his claim,  and was told he no longer works there.  Then she said it had not been assigned to anyone yet.  I told her it had been assigned to Mr. Brooks,, she said no it had not been assigned to him.  I told her that was what he had told me. And my husband had talked to him too.  They had a mix up on wether hubby wanted a meeting with judgeetc. And he called and gothat straightened out for us.  She was a little rude sounding.  But she did say they were working on Jan 13.  This totally ridiculous for us to just get any date that pops up in these people's minds.