Status Of My Bva Claim

[john999]

I had a BVA hearing about 7 months ago. My lawyer is against me contacting the BVA on my own to ask about the status of my claim. I emailed him and he did not answer me. I am getting pissed. If I contact the BVA will they contact my lawyer to let him know we have had contact? I think I am getting jerked around here. I don't know if my claim is on the docket to be heard (how can that be) or if I am just waiting for a decision. It is a CUE. My lawyer seems to think all we have to do now is wait, but how long? If the claim is waiting to be heard that is one thing, but it was heard at a traveling BVA hearing. Any suggestions? I think my lawyer believes I have become a pest.

[Anonymous_DROC_Rater]

Your lawyer gets a percentage of ALL of the back pay that is accrued from you claim. There is absolutely no incentive for your lawyer to continuously check the status of your claim in order to have it finished sooner.

The faster the claim gets decided then the less your lawyer gets paid. That's why letting VA lawyers get a percentage of the total back pay without a cap is a significant conflict in this regard; drawing it out hurts their client but benefits the lawyers.

(Not saying lawyers don't help, because they do, but ALWAYS be your own advocate too).

<-------------Anonymous DROC / Appeals Rater

[Wings]

I had a BVA hearing about 7 months ago. My lawyer is against me contacting the BVA on my own to ask about the status of my claim. I emailed him and he did not answer me. I am getting pissed. If I contact the BVA will they contact my lawyer to let him know we have had contact? I think I am getting jerked around here. I don't know if my claim is on the docket to be heard (how can that be) or if I am just waiting for a decision. It is a CUE. My lawyer seems to think all we have to do now is wait, but how long? If the claim is waiting to be heard that is one thing, but it was heard at a traveling BVA hearing. Any suggestions? I think my lawyer believes I have become a pest.

x

x

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You could use IRIS, and forward communications to your attny. Why is he sitting on the fence; he should ask for the status routinely. ~Wings

[carlie]

John,

Just call (202) 461-8069 - (BVA Ombudsman's office), answer their questions,

SSA or claim number, name, branch of service - and tell them you want to check

on the status of your appeal.

Doing this WILL NOT harm or hinder anything.

I call about once every 2 weeks.

Yesterday they told me Judge Wilkins had finished and that on Aug 13 my file was transferred back to our VARO

and a copy of the new (re-write) Decision/Remand was mailed out to me.

I'm panting as I await USPS each day.

My new SC'd disabilities will still need to have the percentages and effective dates adjudicated by our VARO

and that stinks.

[Berta]

That is so unfortunate John.

I don't think the BVA would take the time to contact your lawyer to tell him that you contacted the BVA.

If the files have been sent to the BVA it is sure on their docket.But it is almost impossible to determine where it is in the docket queue.

I tried to find out from the ombudsman when my claim was there but they could not tell me how far into the active docket list I was.

(I asked them if they could at least measure the stack under my claim and then over it) Of course that was a joke.

It is miserable to wait and wait.

[Pete53]

John:

Its your claim. If your lawyer does not respond to you it may mean he is holding it up. You need to get to the bottom of this. I don't believe that BVA is only seven months behind.

If it were me when I called I would ask for status and also verify contact information.

Good Luck