Claim Not Certified But Ebenefits Shows Bva Decision

[add55p]

In January 2010 I submitted a substantive appeal VA form 9. March 2010 the claim was listed as certified to BVA. In February 2012 the claim was no longer certified to BVA and I was told that it was being reviewed by DRO at VA Regional Office (maybe because of the new evidence that was discovered by someone). Scheduled for a C&P in April 2012. On 18 Oct 2012, Ebenefits shows that the BVA (not the DRO at the VA Regional office) has made a decison on my claim and has sent it to the VA Health Center (not the VA Regional office).

Question 1: How did the BVA make a decsion if I was never notified that they (BVA) received my VA form 9 for review?

Question 2: If somehow the VA Regional Office DRO is using this term and has again denied my claim and is sending me a supplemental statement of the case, will I have to submit another VA form 9 and get back in line? And if so, what happens to my January 2010 Subsstantive appeal.

About six months ago, I personally telephoned the BVA to ask when a docket number was assigned to an appeal and the BVA specifically told me, that the docket number is assigned upon the appeal (VA form 9) being received and logged at the BVA.

If an SSOC has in fact been issued then I am in for an additional 2 to 3 years wait (very unfortunate if that is the case!!!).

[deanbrt]

I don't think you will get far with OIG. I see what they did now. The only way they could stop it from going to BVA was to award. But, as you say, then they low balled it.

As others here could better explain than me how the VA is obligated to use specific criteria and it you can show in your C&P that it was not followed that is strong grounds for an appeal.

This all happened to me. They held up sending my appeal to BVA for months by turning a request for information from my c file into a new claim. After I got the claim killed BVA decided in my favor within 5 weeks. then the VARO took additional evidence I had sent into new claims and tried to hold off rating my grant because of them. I got the Office of Case Management involved (202-273-7453) and Had been updating my US senator for years and this time they really got involved.

I got a call from claims supervisor at the VARO July 12. " I hear you have been in contact with Washington and Sen. _____." Friday the 13th ebenefits showed me P&T. the following Monday the letter arrived. Wednesday of that same week the retro was deposited.

Start with the Office of Case Management. they only touch old claims and appeals but I think you fit that. Contact your US senator's office. then, I think it may be time to have a VA attorney look at it. If nothing else, if he/she says they will take your appeal on a contingency basis it says you have a good case. Just be careful who you pick. the ones with the big names fit my definition of legal puppy mills, as I found out the hard way.

It took me 6 years of hell, Add. Never give up......

[71M10]

You need to file another form 9 in response to the SSOC. The clock is ticking, if you miss that deadline your decision becomes FINAL. You have 60 days from the date of the SSOC unless it is a contested claim, in that case it is 30 days.

Best regards,