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Raidertone That helped out a lot. Based on your timeline, I am still have a few days to go. Understadn that all VAROs do not react the same, but what I have read fromother posts, your time line is just about right give or take a few days. Thanks..

USMA5811 Yes, the DAV sent a letter stating that I was awarded a combined rating of 20% retroactive. Thank you for the detailed expalination. I now understand the process and will pass it on to other Vets in my community that are also waiting on payments. Add

Does VA wait a few days before the actual pay due date before entering or sending the notification letter and updating the Ebenefits letters? As I understand it VA holdes back a month before paying retro or the first month payment. Example; Awarded Jan 10, 2013, Must wait the hole month of Februrary 2013 and get 1st payment 1 March 2013. While this may be true, what I really want to know is if the notification letter is alsso withheld. The DAV has already provided and unofficial letter stating the Jan 10, 2013 rating decion, but as of yet, Ebenefits dos not show AB8 letter and no official notification or payment has been received. Add

BroncoVet I am quoting the VA regional office, my VSO, the 1 800 operator, and E benefits. My VSO says that the deferred evaluation to the grantd claim will fall reviewed in claim order and thr DRO must have time to work the evaluation sheet and process the claim for rating. My concern is that if it has already taken two months since the DRO received the answer to satifisfy his question needed to rate the previously granted claim, why would it take so long to settle and most of all why is the claim and appeal status being shown as closed when in fact it is still going through the normal DRO review process again.

Appeal decision was made by VARO and appeal was closed. Decision letter was sent stating evaluation was deferred pending Examination. Examination results were sent to VARO so that an evaluation could be assigned. Was the appeal closed to soon? Or should it remained open until the evaluation was completed. This appears to me that the clock has stopped and there is no concern for VA to monitor the progress of the appeal any longer. Your thoughts..

All When the requested clarification information is returned to the DRO as a result of a deferred evaluation/rating after the appeal has been granted, does the DRO process these closed granted Appeals (deferred evaluation/rating) faster than the appeals that have not yet been decided? It seems that deferred evaluations/rating would be in a special suspense file and would not take much time for the DRO to close out. Thanks in advance..

First let me say that I do not feel bad or stressed out, Just concerned! My updated situation is as follows: VA form 9 submitted and claim was subsequently certified to BVA(but remained at VARO). After making VA aware of serious errors that they made, VA pulled the claim from being certified to BVA (still at VARO) and adjudicated the substantive appeal at VARO. VA closed the BVA appeal and awarded (SLAP IN THE FACE) extremely lowball rating. Substantive appeal never reached BVA and is now listed in the Historical Appeal Section. VA states that another NOD for the new decision must be submitted to start the appeal process over agian. All of the evidence to support a very much higher rating was not mentioned. I was very optimistic when they pulled my substantive appeal out of the BVA stack to adjudicate it at the VARO, but was very disapointed at the results. It appears that my due process (perfected substantive appeal) was simply taken away to save VA embarassment at BVA (the error that VA made was that bad and would have been noticed right away by a BVA Law Judge). I was under the impression that a Substantive appeal would remain open until it was reviewed by BVA. The VARO made it appear on Ebenefits that the Decison and claims decision was disptched from a BVA Veterans law judge, but after speaking with a BVA representative, I was informed that my claim was never certified to BVA and decidied at the regional office. What does any one recommend as a course of action for a situation such as this. Before you ask if I have a VSO, the answer is yes. No answer from the VSO to my inquiry as of yet. I am beginning to get the feeling that I have nothing to lose by informing the VAOIG and sending the subcommittee on veterans affairs a letter explaining how I feel that my claim was not properly adjudicated. VA cannot do anything worse to me than what they have already done. Thanks in advance and Happy Thanksgiving!!

This is my first claim that has been granted,. Question: If my official mailed rating decision from VA shows 50%, why is benefits explorer and my AB4 letter still showing that I am rated less than 0% percent. There is no AB8 letter and no retro pay as of yet. Will the Ebenefuts benefits explorer and AB4 letter be updated soon. Is it normal that VA will put a low ball rating in benefis explorer while a rating or retro paymrnt is being approved. Has anyone experienced a situation similar to this one. Any response to this post will be greatly appreciated. Thanks..

AB4 letter states proof of disabilities rateed at less than 10% disabled. No AB8 letter attached. No decision letter received. Could the less than 10% disabled note on the AB4 letter change after the AB8 letter is finally added. Why did they not add the AB8 letter when they addded the AB4 and the 10 point preference application. Thanks in advance!

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!!!).

Broncvet Yes, I have all of the copies of what I sent in and have printed the Ebenefits page that shows when my claim status was "Certifed to BVA" as well as a printed copy of when they changed the status back to "Subtantive Appeal VA Form 9". The claim was certified for at leat 10 months (three months after VA form 9)before it was changed back to Substantive Appeal status. The thing that really concerns me is the fact that I do not have a docket number assigned after 13 months. Also, the fact that the BVA does not have any information in there system concerning my claim. Thanks..

Berta Each time I have contact the BVA, they tell me that they have no record and that I should contact the VARO. I am very sure that my VA form 9 was processed and was in "Certifed to BVA" status at one point. The BVA never had knowledge of my claim despite it being Certified. The C&P has been conducted and sent back to the VARO and I am just waiting now for the decision. Thank you..

Yes I filed a VA form 9. That is how my claim received the Substantive Appeal VA form 9 status. As I stated, It was certified to BAV and now it is not, nor has the Substantive Appeal been assigned a docket number.

According to the below "Certification of Appeals" regulation extract. following receipt of a Substantive Appeal, the VARO (AOJ) will certify the case (claim) to the Board of Veterans Appeals. Question: Can anyone tell me if there is a time table that the VARO must meet to get the claim certified after the VA for 9 is receieved or can the VARO wait as long as two years to certify the claim after the Substantive Appeal is received. 19.35 Certification of appeals. Following receipt of a timely Substantive Appeal, the agency of original jurisdiction will certify the case to the Board of Veterans' Appeals. Certification is accomplished by the completion of VA Form 8, “Certification of Appeal.” The certification is used for administrative purposes and does not serve to either confer or deprive the Board of Veterans' Appeals of jurisdiction over an issue.

My claim was certifified to BVA for quite some time. On Friday morning the claim status in ebenefits returned to "SUBSTANTVE APPEAL VA FORM 9". I called the VARO rep. and was told that a C&P exmanination was being scheduled. When I asked the VARO rep. why my claim was no longer certified in ebenefits, he did not know. I asked him if he could provide me the BVA docket number number for my claim and he said that it did not have a docket number. My understanding is that once the claim is certified, a BVA docket number is assigned and it will be called to the BVA when the number reaches its turn. The question that I have is as follows: If the claim is again denied after the C&P examine, will the VARO use my Sustantive Appeal date to secure my earlier place in line at BVA? Or will I have to submit a new VA for 9 after the new denial and have to receive a much later date in the BVA line

Chuck75 Thank you!

Hello Here is the scenario: April 2010 received VA denied decision for unclaimed condition May 2010 I sent NOD explaining that VA had adjudicated the incorrect condition claimed by me. March 2011 Received SOC continuing to deny the incorrect condition and in a paragrapgh below stated that the correct condition was still denied based on a non reponse to the VCAA notice and that there was not a current diagnosis. June 2011 I submitted VA form 9 and resubmited all previous evidence along in service treatment records of the condition that I submited the claim for with a diagnosis from my doctor. I was never provided a decision on the correct claimed condition, but VA added it in the statement of the case, denying it in a footnote paragraph. What I do not understand is why VA continued to deny a condition that I did not claim, despite me making several IRIS inquiries, telephone calls, and most importantly, made it very clear that they adjudictated the incorect decision in my Notice of Disagreement. It has now been certified to the Board of Veterans Appeals. Based on the dates that I provided above, can someone give me an idea of what date the VA will use as an effective date if the claim is granted. I would really appreciate your feedback!

Question: Why would a veteran suddenly be schedule for a C&P examination by the VARO after the claim was "Certifed to BVA"? The claim never reached the BVA for a remand. The VARO took it upon themselves to change the status from "Certified to BVA" and schedule the C&P examination. Based on anyones past experience, will the claim be recertified to BVA after VARO receives the C&P results. If this is the case, why didn't the VARO honor my appeal request and keep it Certifed to BVA in the first place. Is it leagal for VA to withdraw the apeal from "Certifed to BVA" status without notifying the veteran? If possible can someone answer these specific questions. Thanks

so if i understand it is 18 to 24 moths for a decision once filled at bva . Based on the above statement, at what point is the claim actually filed at BVA. NOD Phase? VA for 9 Substabtive Appeal Phase? or When it is actually mailed by the VARO and in the physical possesion of the BVA?

Carlie Thank you very much! I will definately call! One question: If the claim is still setting at VARO, will they still beable to provide inforamtion on my appeal?

Carla "Did you send them more probative evidence in response to a SOC or SSOC?" No, I did not send them any more evidence Or did the VSO prepare a 646 yet? Yes, the VSO to me over a year ago that they had submitted the 646 and the VA had signed off on a VA form 8. Noone ever mentioned a docket number to me. I had come to the conclusion that the BVA appeal would take a long time. However, when the status changed from "Certified", I became a little concerned. The last time I used IRIS (July 2011 to inquire about the status change), I received the auto reply, but never a reply form the VA.

What do you think is happening other than unknown delay of claim. The below status is per EBENEFITS and My personal records Filed claim April 2007 Received initial denial letter March 2008 Received SOC in response to NOD (DRO Review) February 2010 Submitted VA Form 9 SubstanTive Appeal March 2010 Certified to BVA Status June 2010 Removed from "Certified to BVA" status July 2011 Status been returned to "SUBSTANTIVE APPEAL March 2010" since July 2011. It is now May 2012 and I have not received any letters explaining what caused them to pull my claim out of "Certified to BVA" VSO is stating that this is nothing out of the ordinary for VA and that I should just wait and see what happens. Unfortunately, the VSO did not know that my claim status was changed from "Certified to BVA" back to "SUBSTANTIVE APPEAL" until I inquired about it through him. My question is, if the VA has found evidence that caused them to pull my claim it out of "Certified To BVA", why is it taking so long for me to get a letter saying what they have done or found. I have heard of withdrawing an appeal, but pulling a claim out of Certified to BVA and back to Substantive Appeal status does not seem to be justified without a written explaination. Is VA required to send me a letter explaining why they pulled took my Appeal out of "Certified to BVA" status? Do you recommend that I bypass my VSO and send a letter directly to VA for an explaination?

All If the private IMO is well written with VA's lanuage, what is the possiblity that VA will still schedule a C&P examination. Thanks for the feed back!

Can someone let me know if a Private Physician Independent Medical Opinion must first be authorized by VA . I am under the understdning that only VA can schedule an Indepenent medical examination. My understanding is that if a private physician conducts an idependent medical examination, if a request to conduct the IMO is not authorized by VA prior to submission of the private IMO, that while it will be admissable, the private IMO will not carry any probative weight.

Is the "Benefit of The Doubt" rule ever applied at the VA Regional Office level. From what I have read, the rule is/will more likely be applied at the Board of Veterans Appeals level and higher.