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

[Josephine]

Ricky,

I looked at mine and I am a 04 and went to the BVA and was heard and this was with the help of " advancement on the docket", February 06 and remanded April 06.

Hoping with the help of everyone that I could think of to contact maybe going to receive an answer sometime around Christmas.

Of course, I had to sent that " Advancement on the Docket" to the AMC, which no one told me that these people could not read, and have been in their system almost 18 months.

Always,

Josephine

[allan]

I looked at mine and it was 98. Maybe they will get to those one day.

My guess is when they get caught up on low balling the returning troops and creating the next generation of thousands of backlogged appeals, they will get around to the backlogged claims they created over the "not well grounded" issues, Agent orange/Radiation/ backlogs, Desert Storm Backlogs, Korean Backlogs, WWII, etc, etc.

I'm also sure that when they get around to deciding all of our claims,, they will give it the same due process the DVA is known to provide.

It seems to me I remember a writ was in order after a claim sat for 14 or 16 months without a decision. A Writ of mandamus will get it moving again. There is a fee for filing a Writ at the Court of Appeals. Veterans who can not afford the fee can fill out a form to qualify to have the fees Waived .

I managed to get a writ sent in when mine was stalled back in the 90's with the help of hadit members. It's not easy, but it can be done.

Forcing a "Statement of the case",(SOC) is what you need, but it doesn't guarantee the raters will follow their own laws when they write it up.

Requesting a hearing to clarify the evidence, submit new evidence etc "may" help.

A delay is just as good as a denial. Both keep administration costs down.

I see little funds coming our way until feb or march. A repeat of last winter.

Taking years to process our claims creates stress and frustration on us. This in turn causes many of us to just give up or die from stress, which in turn saves even more funds.

It's a Win Win for the VA.

Occasionally someone, some how actually receives their benefits and the whole country thinks all vets are being cared for.

Be patient and don't give up Ricky. I know that doesn't help when your pumping nearly $4.00 a gallon of gas into an old rig. The war, the recession, oil profits and a government that's about to get tossed out of office, will likely slow things up even more over the next year and a half.

Allan

[luvHIM]

Ricky, to answer your question: No, I have not had my hearing yet. However, I had a C&P in September this year, which my NSO stated was for the appeal portion of my claim.

I have also received notification from the RO indicating that they are perhaps going to decide the claim on appeal without a hearing. I believe this to be the case because they did commit CUE and I told my NSO I would not file a CUE claim, yet. But I outlined everything for him and he saw the CUE, as well.

Also, I go into the BVA archives routinely because I can not sit for long periods to review other cases. But I did notice in reviewing yesterday that many of the claims were first filed back in mid to late 90's. I saw one claim that had been remanded to the RO three times. Supposedly, the Remanded claims are to get expeditious treatment. So, that could be another reason why I haven't had a BVA hearing as yet. Just don't know.

Edited November 18, 2007 by luvHIM

[vaf]

Luvhim, that might be my husband's claims. Remanded three times by the Board to the VARO with no action. The third time, it went to the AMC (October 2005). Still no decision to date. However, the claims file is at the Board regarding a Court joint remand, so the AMC claims it cannot take action until the claims file is returned to the AMC. No mention of the fact that they had plenty of time to decide it before the Court got involved in other unrelated claims.

[Ricky]

Thanks to all for the advice. Pete don't worry any action that I take will be safe, sound and legal - no need to go to jail over a bunch of idiots.

If the claim was in the control of the BVA I would not be so pee'ed. My frustration comes from the dang RO just holding on to the claim. By holding on I mean they have not certified the file to the BVA eventhough they have had it so long. Once certified to the board then I fully understand it is going to be a while - but without certification, it is simply sitting in the appeals team area and by this time the dust has probably turned into mud hahahahaha. Any way I know that thousands of vets are in the same situation, I just had to vent. I have now taken a deep breath, thought about all those who are in a worse perdiciment than I am and thanked God for the many, many great and wonderful things that I have.

Once again thanks for being there for me and allowing me to rant and rave. Most of the time I can provide decent and sound advice to questions asked on the board, but other times my meds run me into a wild frenzy and cause me to go off on some wild rant. Just knowing that you guys are there to bring me back into reality means the word to me and my family.

[Pete53]

Ha Ha Ricky I remember that I once wrote a letter to the VARO and told them that I hoped that Ross Perot would win run the VA like a business and fire all of them. I am sure that they got a big laugh out of that one.