Appeals

[myround0]

I opened my case in Feb '08. In Jan '09, I received a denial notice. I promptly followed that up with an NOD, in the same month. In Sept. '09 I was sent an SOC, in Oct. '09 I filled out the Form 9 and sent it in. In July '10 I was told my case was ready to send to the BVA. My question is; How much longer before this process is complete?

I welcome input from anyone here at Hadit...

Edited September 5, 2010 by myround0

[myround0]

I understand Larry. I do have evidence in the case of my anemia. I had my blood drawn at Sheppard AFB, and it showed anemia. The medical physician from off base, stated, it was a life long condition. While my military service records states, no history prior to 1991. In 1991, while stationed overseas, I had my blood drawn to complete a pathology report. The report concluded I had a form of anemia. My service records contend no history prior to 1991. However, let me re-inerate, my blood was drawn this year 2010 for anemia, on base, and it shows anemia. Which was noted in-service. Years of service 1985-2006

Flat Feet was rated by C&P examiner, who stated, the condition was "as likely as not" to be related to service.

Low Sperm Count was rated by C&P examiner, who stated, the condition was "as likely as not" to be related to bilateral varicoceles. However, eleven examiners have looked at my man parts and only one made the bilateral claim, he referred me to another physician, who states normal testes. Two visits to the VA hospital in Oklahoma City, and both have stated no varicoceles present.

Allergic rhinitis was reviewed by C&P examiner, twice.

The C&P examiner also reviewed my claim for lesions on my upper soft palate, spots were present on both visits.

The C&P examiner looked at my claim for bilateral knee condition.

The C&P examiner also looked at my claim for my ankle condition.

[myround0]

Spoke to a VA rep, on Wednesday. She stated my case is awaiting a medical opinion. She stated it should be no more than three weeks. Once the opinion is in, then my case is off to Washington DC...We will see how long it takes, to get to DC, and then how long before I get results...The BVA is boasting claims of rendering a decision in 100 days...We will see...

[Berta]

"She stated my case is awaiting a medical opinion. She stated it should be no more than three weeks. Once the opinion is in, then my case is off to Washington DC..."

She has already determined the opinion will go against the claim????

"We will see how long it takes, to get to DC, and then how long before I get results...The BVA is boasting claims of rendering a decision in 100 days...We will see..."

????? where did you see that stated????? they are averaging 2 years.

If the VA is getting a medical opinion , you can ask for a copy of it and they have to prepare a SOC referencing the opinion. You will have opportunity with a time limit to respond to the opinion and the SOC unless it is favorable.

[myround0]

Thanks for replying Berta. The information I cite comes from the BVA Chairman's Annual report to congress. It states a Cycle time from receiving a case until a decision is rendered is 100 days. Maybe I am reading it the way I want to read it, since I have been waiting three years.

With respects to possibility of a decision that may be determined "against" me already. It is possible, however, I just want a BVA review, so then I can chart my next move...

Again, I really appreciate the incite from all. I like to think I read pretty well, however, it is easy for one to read soemthing and see it from their vantage point, instead of see what the message really states. Feel free to point out my shortsightness, I gots thick skin...

[myround0]

You never know who's telling the truth, but after reading the template on the BVA decision process, it seams to me most cases sit at the regional office for years before they send them forward to the BVA.

Here are the directional links to read up on the BVA's cycle timeline on making a decision on any case submitted to the BVA:

Type in VA, and click search; click on About VA, in the sub category, click on organizations, under staff organizations, Click on Board of Veterans' Appeals; then click on Chairman's Annual Reports to Congress; click on 2009; on page 5 of the template, which is page three of the report, third paragraph.

[Berta]

I meant 2 years from transfer from a RO to the BVA myround-

and sometimes it takes longer-

I do not doubt your figures are correct as to the 100 days when the case is before a BVA lawyer.