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ASKNOD There was not a hearing requested, scheduled or conducted on this appeal. After languishing at the RO for years, it was called up by BVA where the above action that I mention has taken place and currently pending. You answered my question by indicating that the BVA level VSO can hold the claim as long as they wish. That truly is unfortunate, especially, when we are placing all of the delay blame on the Department of Veterans Affairs!! Thank you.. Add

All In my case, the appeal went from Admiistrative Case Processing to the VLJ and then to the VSO, where it is now. Any guess how long the VSO will have it before sending it back to the VLJ? Thank you.. Add

All There are six basic phases of an appeal: Appeal Pending: You have initiated an appeal, but at this point your case is still with the local VA office that made the decision on your case. If you have questions about your appeal, please contact that office or your representative, if you have one. Administrative Case Processing: After BVA receives your case, it is processed and stored in a secure location until it is assigned to a Veterans Law Judge (VLJ) based on your "docket number", which identifies your place in the line of cases to be decided by BVA. With VSO:This indicates that your Veterans Service Organization (VSO) representative has your claims file for review. With VLJ:This indicates that a Veterans Law Judge has your claims file and will take appropriate action on your appeal. Pending Dispatch:This indicates that the Veterans Law Judge made a decision on your appeal, and that BVA will mail the decision to you soon. Decision & Claims File Dispatch:This indicates that BVA mailed the decision to you (and your representative, if any) and transferred your case to another location.

Berta Ebenefits shows that it was sent from the VLJ to the National VSO on November 6 for a written argument to support the claim. It is supposed to be sent back to the Veteran Law Judge after the VSO written argument is returned. Thank you..

Bertha Yes, the VSO at the Regional Office did submit a form 646 prior to the appeal being certified and sent to the BVA. In the Ebenefits "Appeals Status" screen has columns at the top that shows the current status. Column 3 (Step 3) says claim sent to VSO for written argument to support claim. It seems that this is a mandatory step unless you do not have a VSO assigned. After doing some research, I read that VSOs in Washington DC submits written arguments for veterans appeals. the next step, step for is back with the VLJ for a decision, step 5 is pending dispatch, and step 6 is claim file dispatched. I was just wondering if the National VSO had a deadline (i.e. 30 days, 60 days, etc.) to get it back to the VLJ. Thank you. Add

Does the BVA Veteran Law Judge (VLJ) give the National Veterans Service Office a time limit to complete a written argument on a pending appeal, after the VLJ sends it to the VSO for input? Thank you..

Berta In regards to the 646. I beleive the VSO has already completed the 646 because the claim has been assigned a BVA docket number. I have sent an IRIS and am on my 4th woeking day of the 5 working day wait for a response from VA. I am waiting to see what response the regional office gives me for why my substantive appeal has been at VARO for over 1500 days- I also agree that if it has a docket number assigned by the BVA, why is it still being handled by the local RO and why the BVA is telling me to contact the regional office.. Last week I called the BVA number that you list above, but have not emailed the Obusman. I will email the Obudsman if the response to my IRIS is unacceptable. BreaK Gastone Yes, my claim has been certified to BVA and I have a docket number. Also, yes, I have reviewed the docket number in the BVA decision site and there are litterally hundreds of appeals with docket number with later dates that mine.. Thank you both for your resplies.. Add

Asknod I submitted an IRIS inquiry about two days ago. To give the VARO the benefit of the doubt (no pun), I will wait until I receive their response before taking your great advice.. Thank you! Add

Gastone and US VET I was denied because VA stated that the condition was not noted in my STRs. I believe that I sent in enough information to substantiate my claim (to include copies of my STRs that show in service treatment and etc.) This evidence is not listed in the denial letter. I indicated that fact in the submitted VA form 9. All the VSO did was sign a Form 8 agreeing with the VA in the certification progess and did not even consider my evidence. The claim appears to have not been touched since Juye 2010. It is like VA does not want to admit a mistake was made by the rater. The VSO was asked why it was taking so long t be called up by the BVA. The question asked on this forum is the same question that I asked the VSO. The Veterans Service Officer just keeps telling me to wait. He stated that the currently 1500 days appeals could be called up within the next 6 months next 4 years. The way I see it that would add even more unnecessary time to an already 1500 days appeal. I really believe that there may be some good VSOs out there that work on your claim as if they were being paid, but what I have witness is that this particular VSO Team are always in reactive mode. If you do not ask them to do something, do not expect to hear from them. As for continued treatment. Yes, I have been constantly treated since the claim was submitted in 2008. However, Since the VARO did not and continues to ignore my supporting evidence, I decided not to send any additional evidience, for fear that ie will spend another 2-3 years waiting for another de novo review by the VARO DRO. The bottom line is that my appeal has been certified with a docket number since July 2010 and with no sign of completion in sight.. By the way, today, I called the BVA Washington and they are pointing the blame to the VARO, stating "We do not no why the Regional office has not already sent your appeal up" The BVA representatibe stated that I should contact the regional office to find out the status. Add

Hello I have read alot of inforamtion regarding the claims appeal process: Such as: 1. Once a Notice of disagreement has been submitted and VA continues to deny your contention, you will be issued a statement of the case. 2. After receiving the statement of the case, you may submit VA Form 9 to substantiate your appeal. Or submit new evidence. If new evidience is submitted, the VARO in most cases must review the claim again, and if they continue to deny your claim, you will be issued a supplemental statement of the case, whic in layman´s terms mean that you still do not have enough evidence to convine the VA to award your claim. 3. If instead, however, you submit a VA form 9 (sustantive appeal) without additional evidence back to the VARO, the case falls into the jurisdiction of the BVA and once it has been certifified, receives a BVA docket number. 4. From what I have read and heard in open testimony, BVA docket numbers are worked in docket number order. Exceptions are hardship claims that may be placed ahead due to the urgency of need of the veteran. 5. Barring the hardship cases, once a claim receives a docket number the BVA should initially call the claim up to Washington D.C. in a reasonable time. From what I have read on the BVA decision site, calling a claim up can vary from 6 months to 2 years. 6. In some cases, the VA section, person, office(?) or etc. that does the last review before it is sent to the BVA catches something in the claims file that may substantiate the claim. Not sure what happens to the appeal if they decides to award the claim instead of sending it to BAV. I guess the Veteran will have a right to appeal the award further if it is not to their liking. Now with all of that said, the question is: Why would a claim that has been certified since July 2010, more1500 days be languishing at the VARO if there was no new evidence submited along with or since the VA form 9? If any body has experience an appeal wait time under these circumstances, please provide feedback. Thank you.. Add

I saw the recent congressional BVA hearings and the BVA representative that answered the committee members questions, was well prepared, responded eloquently, and was not the least phased. She had a reasonable answer for everything that the committee asked her, to include making nonsense of the whistleblower on the panel who had some serious serious allegations against the BVA; The BVA Representative on the panel stated that the whistleblower's allegations were from complaints noted as early as 2012 and were simply baseless. Do not look for any changes at BVA regarding faster processing of claims no time soon.. Remember, there have been several committee hearing on VA Claims Backlogs as early as 2002, which leads me to believe that these hearing are just formalities, and that the VA will handle your case as usual. 125 days processing time before or during 2015????!!! Check your estimated time when you file a new claim to get the real estimated completion date. the 125 days is just another promise to Congress. If they do not keep the promise as in the past, so what, there will just be more hearings in the future.. Take care and just be patient and wait.. Do not believe the hype!!! Add

Hello All I am trying to get an answer to this specific question. If Ebenefits states that the claim has been "Certified to BVA", has the claim ben assigned a docket number at this point? Thank you Add

Ebenefits has shown my appeal status as being "Certification of Appeal" since 2010. However, I have not received a letter from the Regional office nor based on the regional office, there has not been a "docket number" assigned. No action has been taken on my claim, as far as I know, since it has gone in the certification of appeal status. 1. When will I be notified by the VARO? 2. When will the docket number be assogned? Thanks.

All after being removed one and a half months ago, none of my verification (AB..) letters still can be accessed by me. Why would all of the AB.. letters be removed at the same time. Ebenefits nor the VARO has provided me with a reason why the AB.. letters were removed. Any ideas.. Add

All Another two weeks has passed and my letters still have not reappeared in the letter generator. Called the VARO and the Rep told me that the issue was fixed and that I should not have a problem accessing the letters now. I guess that was just to get me off of the phone, because, I tried and the letters were still missing. She would not wait until I tried to access the letters. Tried to call back and got an answer machine. It is hard to believe that I am the only veteran whos AB4, AB7, and AB8 have all disappeared form letter generator for over a month now. If someone has experienced this (all letters disppearing at the same time), please give me your experience of what finaly happened when the letters reappeared or if they ever reappeared. Any feed back would be greatly appreciated. Thank you in advance. Add

I am not stressing about it. I have learned to be patient with the VA process. Thanks for the advice though! By the way, I received Iris reply today in response to my missing Ab4, AB7, and AB8 letters. The Iris response stated that the VA was having a problem with one of there servers and was working on this issue. I guess this particular server is not affecting too many veterans on this site or my close veteran friends who have no problem veiwing their Verification Letters. Two week have passed since I was able to download my VA letters. Am I the only one with this issue??! Thanks, Add

Checked again Today (Monday) and all of my letters are still missing. Going on 2 weeks now. My address information in Step one is all there. Alos, My rating information has not changed in Benefits Explorer. I am at a total lost as to what is going! I will check again in a week. Thanks..

Thanks to all of your replys. I will take your advice and wait it out. Take care,..

Called the VA Ebenefits Desk asking why all of my benefits verification letters were removed and they informed me that; 1. Maybe I was using an outdated operating System. I informed them that my Veteran friend and I used the same Computer System and that his letters were available. 2. The representative then stated that my VA Regional Office may have removed the documents to make an update, but has no idea why all of the veification documents would have to be removed. I called the VARO and asked them if they new why all of my Benefits Verification Letters have been removed and they informed me that my Claim was with the VARO Appeals Team and that I would have to submit an IRIS inquiry. AGAIN! Has anyone on this site ever had ALL of their Benefits Verification Letters removed from Ebenefits at the same time. I do recall reading on this site that the AB8 is often removed for updating, but never the AB4 and AB7. Any Feedback will be greatly appreciated! Thanks...

All of my AB__ letters have been taken of the Ebenefits letter generator. The only item that is viewable is my address information. Can someone give me an idea why this has happened. Thank you in advance!

Asknod in regards to your quote "You would also need a letter from NPRC saying "Not it! We gave them to VA." I do have documents from the NPRC stating that my service treatment records were loaned out to the VA. I also have information from VA stating that The RMC sent the service medical records to the VA activity. I have done some research and have found that the RMC is the Records Management Center that unlike NPRC works directly for VA and stores veterans service medical records after they have been received from the NPRC. So what I gather is that the VARO requested my records from the service deparment (NPRC), NORC sent the service treatment records to the RMC and subsequently, as stated by the RMC, my treatment records were sent to the VARO and subsequently lost oe misplaced. I have documented facts to back this up. Broncovet In regards to your quote "you may well find that diagnosis that The VA rater could not find. Then, you could simply cite, "According to Dr. Whodunnit, the Veterans VA physician, a diagnosis of xxxxxxxx was made on 1-23-04 when the medication " The VA doctor diagnoses my current conditioon as chronic during the C&P examination and during one of my earlier outpatient visits. I plan to submit a NOD. The specific question that I would like to ask is; Has any ever won a case when the records were lost while in VA possession and lay evidence not properly weighed was ultimately used in the veterans favor for a favorable decision. ADD

Asknod thank you for the clear and to the point reply. In respnse, I woukd like to state that the doctor that wrote the statement did diagnos a condition. VA is stating that there was not a diagnose condition to suport the buddy letter and wife statement regarding in service ocurrennce. The starnge thing is that I was sent a chronological letter, and in the letter VA stated that they were unable to receive my service treatment records from the Service Department and another statement that said that a response from RMC(?), it stated "that the veterans SMRs were sent to your activity, in response to an ealier inquiry" After receiving that information, I submitted the alternate information, i.e buddy letter, wife statement, and doctor statement with diagnosis and opinion that was based on my interview,the buddy letter, and wife statement.two VA examinations, VA treatment records and and post service U.S Army Hospital treatment records. The two VA examinations which were positive of my condition, but without an opinion, was never mentioned as evidence in the denied decision. Thank you again for the fedback and information.. ,

Va denied to use my buddy letter from a fellow soldier that was stationed and witness my in service accident, my wife statement, who has was married to me and witnessed my multiple in service hospital visits, and my current physician statement, who wrote that it was likely that my current condition was related to my in service trauma. To discount my buddy letter and wife statement, the VA stated Sanchez v. West "That pain alone, without a diagnosis or underlying malady or condition, does not in and of itself constitute a disability for which service connection may be granted". To discount my physician´s statement, the VA stated "There is no evidence that you were injured on active duty as Service Medical Records were unavailable for review". How do you recommend that I proceed. I have 11 months and 10 days to respond to the decision. Thanks

I was just wondering because I have the AB4 and AB7, with 10 point letter, but no AB8 has shown up.

Is there an AB8 letter posted in EBENEFITS for a 0% award or just for monetary compensation rated percentages.