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How Many People Are Waiting On Appeal?

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retiredat44

Question

How many people are waiting on appeal, and how long has your appeal been pending for an answer of approved or denied?

I am in month 5.

Appeal sent in about Novemember 2009, with help of my VSO.

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Not in appeals, since I got 100%, and some of it was winning an 1151 negligence, which the VA turns out does not give ful benefits if you win 1151 negligence they squirm and legal loophhole you and your family out of many benefits, really crapp nasty bunch running the va benefits, they wil backstab and scre wyou even if you win you lose. May 2021.

01-01-11_My_Medical_Records2.jpg

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Filed original claim at the Oakland RO in June 06. Denied twice. Claim sent to BVA on Jan 09. Have a doc date of Jan 08. They are working on second quarter of 06. Good luck...maybe I'll get a remand in the next 5 years...oops, I guess thats wishful thinking on my part.

Filed in Feb. '03, Travel board hearing 11/08....went to AMC, now back at BVA with strong positive evidence added that VSO didn't forward (we did).

Claim was docketed in '05 so......if you are correct, hopefully we won't have too long of a wait for a decision. Original VLJ is supposedly the same

one who will review the claim for decision, a big plus on our part.

How did you find out that BVA is working on 2nd Q of '06? Curious minds want to know. :D

VetsLady and, Proud to Be

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I was truly thinking the average appeal would be about one year, no more than two tops. WOW! this is really sad..

Not in appeals, since I got 100%, and some of it was winning an 1151 negligence, which the VA turns out does not give ful benefits if you win 1151 negligence they squirm and legal loophhole you and your family out of many benefits, really crapp nasty bunch running the va benefits, they wil backstab and scre wyou even if you win you lose. May 2021.

01-01-11_My_Medical_Records2.jpg

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Filed 2003 , denied, denied,denied then awarded April 2009.

They just starting paying the retro last month so it took almost 7 years and there is still an issue pendng.

Past claims- re-opens of my husband's 2 pending claims at his death- early 1995-

awarded-one in 1997.One in Jan 1998. They made BIG error regarding that retro but fixed it in 2003.

The evidence would be considered a preponderance.

They (RO level) just didn't want to read or consider it.

My former reps would not support me when I kept saying my VCAA letter was illegal.

I never received a proper VCAA letter from the VA.

Those former reps are gone (except one who was demoted)

I made one up myself and followed it.

The BVA found the VA had committed error on my VCAA letter but my evidence overcame the error.

If you get a proper VCAA letter and send them (with proof of mailing) exactly what they want- the claim should go faster then mine did.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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  • HadIt.com Elder

I think vets who appeal and continue to appeal win in the end. Most give up I think. You need to appeal and then modify your appeals based on new evidence to rebutt VA reasons for denial. I have won on almost all my claims but it did take years of appeals. If you have decent evidence you can win, but you have to keep at it.

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  • HadIt.com Elder

Claim for increase for PTSD in 1993, got increased from 10% to 30%. Disagreed etc several times, then in 1995 appealed to BVA, was Remanded back to VARO for another C & P. Won increase in December 1998 to 50% with 60+ months backpay.

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