Question On Bva Dates

[Ricky]

1 - is there a way to tell what the BVA is working on? ie.... as an example - today are they working on received/docketed by the VARO in June 05 - Dec 04 - Jul 07 etc.....

2 - in the BVA decisions what do the following numbers mean: citation number 072806 - how would you read a docket number of 06-08572

thanks

[Ricky]

After doing some more research I think I found my answers. The first two digits in the docket number are the year. The rest are simply the numerical sequence of the docket for that year.

From reviewing a couple hundred BVA decisions I determined that in Aug 07 they were making decisions on appeals from 06 and the highest I found was 06-38051 which means they have made decisions or remanded 38,051 appeals from the 06 time period.

NOW my docket number is 06-08572. I found decisions on 06-08571 and 06-08573. Hmmmmmm - my file is still sitting in the DRO area and I have not even had my BVA videoconference hearing yet!!!! Things that make you go hmmmmmmmmmmm.

Eventhough the RO personnel have acted like idiots I have been very professional, never spoken a bad word to any of them nor raised my voice. However, I am only human and as a human there comes a time when one can no longer turn the other cheek. I do not know what I will do but I will do something even if it if wrong.

Based upon this and the fact that it looks like the BVA is running at about 18 months I will have to wait over two more years on an action that should already be complete via decision, remand or appeal to the court. This will put my total time with this appeal at a little over 4 years. And this is based upon the RO doing something (certifying the file to the BVA) within the next 6 months. At the rate they are going, jez it could take them another two years at the RO before the file gets to the BVA. There is really nothing unusal about my claim in that there was a rating, followed by a NOD then a SOC which was followed by a formal appeal (Form 9).

I am at a loss here my dear Hadit family any ideals on how to get some fire under the butt heads at the RO would be greatly appreciated. This just goes to show no matter how close you follow the rules and regardless of how much you know about the laws and internal rules of the VA, if the RO wants to screw you they will screw you --

Thanks

[Josephine]

I am at a loss here my dear Hadit family any ideals on how to get some fire under the butt heads at the RO would be greatly appreciated. This just goes to show no matter how close you follow the rules and regardless of how much you know about the laws and internal rules of the VA, if the RO wants to screw you they will screw you --

Ricky,

This is what I did. I contacted Honorable D. Cooper's secretary and ask if I faxed a letter to Honorable Cooper would he read my letter and have the Huntington Regional Office make a decision and get me out of there. I knew that I was going to the BVA, as my form -9 was completed and turned in November 2004 and this was December 2005.

They had not sent me a Supplemental Statement, but knew from the grape vine , I was receiving a denial.

She told me yes, he would read my letter, but please address the letter to the Honorable - within two weeks, he placed a phone call himself and I was finally at the BVA.

If you are interested, I am sure that I have his fax number amongest all of my paperwork.

Always,

Josephine

[luvHIM]

Ricky,

I don't have an answer. But, if you have a docket number beginning with 06 and the BVA is working 06 claims, my docket number begins with 05...so I am really at a loss for words.

[Ricky]

Luv - I understand where you are coming from. Take a look at the BVA site. Don't type in a search term just pick 2007 from the pull down menu. You will see what I am talking about. Tons of 2005 claims (05) and a half-ton of 2006 (06) claims.

Unless the board decided to jump around then surely something is amiss here. I truly pity you if what you are telling me is that you have a 05-docket number and have not been heard yet. If this is true have you had your hearing yet?

From what I could tell from scanning the other cases it looked like the hearing were being conducted at about 18 months after the form 9 was filed followed with a decision in the next 6-8 months. Not a scientific study I did but most of the time I can at least read.

The highest 06 I found was 06-38051.

Edited November 18, 2007 by Ricky

[Pete53]

Ricky:

I am sorry it works this way but there is really not much chance its going to change anytime soon. There are some things that can be done but its a crap shoot. I recommend that you consider accepting the fact that maybe waiting is the only thing that you can do at this point.

That said you probably should give a thorough review to your claim why its at the BVA in the first place and the likely disposition.

I filed my claim in 1991 and was stuck at VA in Fall of 1996 when I decided that when my claim was gathering dust I was getting nowhere and if I won it would probably be remanded I called my SO at Washington DC and told him I wanted to request a Hearing on my claim at Waco. To this day the VARO in Waco thought that my claim was remanded and I was scheduled a Hearing shortly after I emailed President Clinton and asked for help.

Let me also say this I had no clue what I was doing but the Service Officer went balistic and told me I was an idiot. Within 30 days I was 100% so go figure.

You might also look at Writ of Mandamus, expediting for hardship or involving a Congress Critter t help.. I noticed that last night on CNN all of the featured Veterans advanced with the help of Congress.

It was not easy for me but I developed an attitude that my job was to do everything I was asked quickly and than put my claim on back burner.> On the positive side I believe that there is plenty of heat on VA to move these old appeals more quickly

Lastly from your post please don't do anything foolish. Don't give up and don't let the VA win you earned full benefits by your Service.

[danang_1969]

It would be my guess and it strictly would be a guess or a theory that the BVA is working on recently wounded Iraq veterans first and if they have any time left over and they don't, then they would work on the 05 cases of other previous wars first. They will eventually move on to either grant, deny or remand all the 05's cases and move on to the 06's and by that time there will be many 07's. They spend a great deal of time writing the legal documents of deceased vets who have claims in and when the vet dies the claim dies but there has to be a legal doument stating the vet died and the claim is closed. Can anyone agree with this theory? I read somewhere the BVA had requested that retired judges to come out of retirement and help whittle down the case load at the BVA, but the retired judges declined. Another theory I have is, if the BVA did grant all the deserved retro awards to the vets that have active claims now, the government wouldn't have enough to fund all the retro and monthly benefits to vets. Just imagine how amny deserving vets are out there who have presumptives who doesn't even know the law or not physically or mentally capable of submitting a claim, not to mention those who don't have their military records or know how to obtain them to even get it sarted.

Most of the time, at the regional level, vets get low balled on their percentage rates when they are awarded on a claim. All the Regional Offices main goal is eventually get the claim out of their hair and to the BVA level and that way the Regional Office looks more efficient than the BVA. The situation is getting worse as the months go by and all the haggling that is going on now over the VA funding between the White House and Congress isn't helping anything either. JMO

Danang_1969