How Long From Bva To Cava

[john999]

What is time frame between BVA decision and getting to the CAVA with your lawyer well in hand.

[Philip Rogers]

Sorry, John, but probably 3-4 yrs before you get a decision from the court but as you say it gives you another reason to live longer. I'm not sure if the court case survives your death but I kinda doubt it . . . but then what do I know. It'll probably be another 6 yrs before it's resolved, if you win at the court. The wheels of justice turn slowly, if and when they turn at all! jmo

pr

[Philip Rogers]

Allan - I'd add another yr or two to that, at minimum. jmo

pr

John,

My case went to CAVC in June/2009.

According to my attorney, timetable results from 3,000-4,000 cases filed each year, seven judges to deal

with them all.

It can take up to next summer before my case gets before a judge. Another year sitting in remand is likely after the judge sends it back to the BVA . New C&P's will likely be ordered, if favorable another year or so at the VARO waiting to be rated. Another year after that with a NOD because of the low ball ratings is also likely.

It's either delay or deny. Why is there such a back log of claims? Mine should have never taken 13 yrs to get to the CAVC.

[allan]

Thanks Philip,

Another 5 yrs sounds right. I don't expect anything but a remand and more C&P's from the BVA. All my issues before the CAVC stim from the same car accident as the award the BVA granted for my shoulder last yr. They awarded after getting a favorable IMO from the VA orthopeadic clinic I was treated at. The issues before the CAVC are there due to the BVA not including the remaining issues in my service records with the ortho IMO they granted the shoulder issue for.

So it strings the rest out another 5 or 6 yrs, thats all. But I'm sure i'll win in the end. So is my attorney, or his law firm wouldn't have taken the case.

[Commander Bob]

Thanks Philip,

Another 5 yrs sounds right. I don't expect anything but a remand and more C&P's from the BVA. All my issues before the CAVC stem from the same car accident as the award the BVA granted for my shoulder last yr. They awarded after getting a favorable IMO from the VA orthopedic clinic I was treated at. The issues before the CAVC are there due to the BVA not including the remaining issues in my service records with the ortho IMO they granted the shoulder issue for.

So it strings the rest out another 5 or 6 yrs, thats all. But I'm sure I'll win in the end. So is my attorney, or his law firm wouldn't have taken the case.

My guess is 5 years also. I think you will win too, John999. I thought that once you filed and are in the appeals system, the claim will not die with the vet. Berta would be the expert on that.

[retiredat44]

Macafee

This gives me something to live for then. I have to stay alive for at least two more years. If you die while your claim is at the CAVA does it die with you or can your widow pick it up. My lawyer says he is going to pursue the case at CAVA and I don't have to do anything except maybe sign some papers.

I am very worried I might die before mine is settled, I barely made it out of the hospital in 2008 and my health is deteriorating, they threatened to remove my pancreas if I get sick one more time, plus my liver has problems.. so, I hope I can get my claim settled before I die..

look up the prognosis for necratizing pancreatitis,, it's not very good..