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BVA Docket Number Assigned

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USMC2311

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All,

I just received an IRIS response to an inquiry about my BVA appeal for ankle contentions.  It indicated that on 2 June 2015 a docket number was assigned to my appeal (form-9), It’s been 3 months, should my BVA packet have been certified by now and sent to the BVA?  How long does it take the RO to certify appeal packets?

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  • HadIt.com Elder

The Regional Office cannot physically send the claims file to BVA until all pending NODs and all pending claims have been decided.  There can be no appeal issues pending before the Regional Office at the time the claims file is sent to BVA; otherwise, BVA will issue a Remand instructing the Regional Office to issue an SOC on any pending appeals.

Additionally, if the veteran has requested a BVA travel board hearing or BVA Video conference hearing, the claims file remains physically at the Regional Office until the BVA hearing can be scheduled.

In the past, if any additional evidence was submitted which related to the issues under appeal, then the Regional Office had to review the additional evidence, and if the appeal continued, it had to issue a Supplemental Statement of the Case (SSOC) explaining why the additional evidence did not change the prior decision and give the Veteran 30 days to reply.  If yet more evidence was received, another SSOC was issued with another 30 day reply period.  There was no limit to the number of SSOCs which could be issued.  The appeal could not be certified to BVA until all of evidence in the claims file had been considered at the Regional Office level.

If an appeal was certified to BVA and additional evidence was subsequently received, the Regional Office had to either obtain a waiver of jurisdiction from the Veteran or his Representative, or the appeal had to be removed from certified status and another SSOC issued.  Following the 30 day reply period, if no additional evidence was added to the claims file, the appeal could be re-certified to BVA.

This is the stage where many delays occurred because many Veterans have multiple appeals pending in various stages of the appeals process.  Additionally, they will also have new claims pending in various stages of initial development.  Therefore, every time additional evidence was added to the claims file, the Regional Office Appeals Team had to review all of the appeals to determine if an SSOC was necessary.  If so, then any appeals already certified to BVA had to be removed from certified status, and the process continued to repeat itself until such time that all evidence in the claims file had been considered in a decision at the Regional Office level.  It was only then that we could physically transfer the file to BVA jurisdiction.

Effective February 2, 2013, Section 501 (Automatic waiver of agency of original jurisdiction review of new evidence) of Public Law 112-154 took effect.  This change in law established an automatic waiver of Regional Office (agency of original jurisdiction) review of evidence received after receipt of the substantive appeal.  The evidence is subject to initial review by BVA unless the appellant specifically requests, in writing, initial review by the Regional Office.

 

..............Buck

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Buck posted:

"Effective February 2, 2013, Section 501 (Automatic waiver of agency of original jurisdiction review of new evidence) of Public Law 112-154 took effect.  This change in law established an automatic waiver of Regional Office (agency of original jurisdiction) review of evidence received after receipt of the substantive appeal.  The evidence is subject to initial review by BVA unless the appellant specifically requests, in writing, initial review by the Regional Office."

 

Thanks Buck.  IM not sure where you got that info, but it sure sounds like you did not make it up.  A couple weeks ago, I posted something about an "Automatic waiver of AOJ" as I thought I read it somewhere.  It sounds like, indeed this waiver is automatic.  You should give this a new post with a title of 

"Automatic Waiver of AOJ" so that people doing appeals can easily find it again.  

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broncovet

I got it couple years ago &  copied it from a Milwaukee  RO DRO  Submission Commentary on this subject.

you can copy it and post it if you like.

 

................Buck

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Thank you ALL for the insight and excellent information.  My BVA appeal is for one contention (Ankle fracture open fixation) which should not be a complicated case; particularly with the evidence that has been submitted. Bottom line I still have some waiting and hopefully the Appeals Status on E-Benefits will be back up soon.  I'll provide updates as I receive them.

 

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Just for reference sake, due to numerous remands, my husband currently has an appeal at the Board VLJ that has been an open claim since 1994 and has a 1994 docket number.  These issues have never been to the CAVC.  They've been with the VLJ this particular cycle since January 2015.  So no, they don't handle issues according to docket number, even if they say they do.

Edited by lotzaspotz
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lotzaspotz   I'm sorry you guys have been waiting this long  theres no excuse for it

but read this.....not sure if this is happening to you guys.

 

If an appeal was certified to BVA and additional evidence was subsequently received, the Regional Office had to either obtain a waiver of jurisdiction from the Veteran or his Representative, or the appeal had to be removed from certified status and another SSOC issued.  Following the 30 day reply period, if no additional evidence was added to the claims file, the appeal could be re-certified to BVA.

This is the stage where many delays occurred because many Veterans have multiple appeals pending in various stages of the appeals process.  Additionally, they will also have new claims pending in various stages of initial development.  Therefore, every time additional evidence was added to the claims file, the Regional Office Appeals Team had to review all of the appeals to determine if an SSOC was necessary.  If so, then any appeals already certified to BVA had to be removed from certified status, and the process continued to repeat itself until such time that all evidence in the claims file had been considered in a decision at the Regional Office level.  It was only then that we could physically transfer the file to BVA jurisdiction.

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