3 Years To Certify To Bva

[broncovet]

Got my notice from RO that my claim was certified to the BVA. It took 3 years, since 2008, when I filed NOD.

Has anyone else had it take 3 years from NOD to certify it, and is this gonna be another four years at the BVA?

I have already been to the BVA ONCE, and decision was fully favorable. Now, I am appealing the implementation of the old BVA decision, especially as it relates to effective date.

How many years did it take you, since your BVA claim was "certified"?

The last time it went to the BVA, I dont even remember it being certified first.

[johnjjr]

I filed a NOD for EED in March of 2008. Last time I rattled their cage, it was still at the RO, waiting to be certified to BVA. The better half says I have the patience of the biblical Job, but my patience is wearing thin.

[broncovet]

John:

I agree. We are not talking about waiting 3 years on an appeal, we are talking about waiting 3 years to get in the line to appeal. If mine had not been certified, I was already thinking about filing a Writ of Mandamus. I know for a fact the VA can delay until you give up or die. Remember the Harvey vs Shinseki case,http://www.vawatchdogtoday.org/uploads/court_case.pdf where the Veteran was awarded thousands of dollars and the CAVC held the VA in contempt for the delays.

My patience, after 3 years waiting, had more than "worn thin". My patience had turned to rage.

Oh, I already filed a Writ of Mandamus back in 2007, and that is what got it going to a decision in 2008. It is laughable that the VA says they have an average claim time of something like 180 days. BULL. Most claims are denied the first time, and most vets have to appeal. The average claim time to get awarded benefits is more like 5 years.

[johnjjr]

Broncovet;

I can't really complain to loudly. As I posted earlier in another topic, I've gone from from 0 to !00% P&T in 4 short years. I've got a rock solid case for an EED and I intend to win, no matter how long in takes. I will continue to rattle their cage occassionaly to let them know I'm still alive, not miss any deadlines, and keep myself healthy so as to enjoy my award when I get it.

[hawkfire27]

I have been waiting for over a year just to get a date for a video conference hearing. I hope it's not going to take much longer....

[stillhere]

My Form 9 appeal has been sitting at the RO awaiting certification since June of 09!

[Berta]

In 2005 after 2 DRO reviews within a few months, my claim was certified to the BVA fairly fast.The biggest hold u was waiting for my former POA to file a 646 form with it.

POAs ,if they sit on the 646-can hold up the BVA transfer.

The 646 will be in your POA file as well as the C file.

I asked BVA for immediate remand and the BVA agreed the claim would have to be remanded and sent it right back to the RO.

My remand from BVA stated:

"The Board notes that, although the appellant has submitted

multiple copies of the November 2004 and August 2006 reports

of Dr. CRB and the undated statement of Dr. HR, none have

been formally discussed by the RO in rendering any decision.

In listing the evidence in the September 2005 statement of

the case, the RO indicated receipt of correspondence from the

appellant "with and without attachments" but did not detail

what was included in those attachments. Further, the

accompanying discussion states that the claimant "makes her

own assessment the veteran had diabetes based on medical

evidence she obtained from internet sources and which she

then applied in interpreting medical reports herself." It

does not mention or discuss the existence of reports or

opinions from any doctors. The same deficiency is present in

the December 2005 supplemental statement of the case, which

discusses the results of a VA records review. The VA

reviewer does not appear to have reviewed the reports of Dr.

HR or Dr. CRB, as neither is mentioned.

The Board notes that the claimant has not waived

consideration by the agency of original jurisdiction, and has

in fact stated that, in light of the failure to consider all

the evidence of record, a remand would be required. The

Board agrees. A remand is required to ensure that this

evidence has been fully and fairly considered at the RO

level."

I did not waive jurisdiction due to another "deficiency"-the lack of a proper VCAA letter.

In the BVA award, April 2009 the BVA took note of this deficiency which I had griped about (my POAsand even the state PA director said I DID get proper VCAA letter and this shows how dumb they were -I wonder how many other vets and widows they gave that BS to))

"The VCAA is not applicable where further assistance would not

aid the appellant in substantiating her claim. Wensch v.

Principi, 15 Vet App 362 (2001); see

38 U.S.C.A. § 5103A(a)(2) (Secretary not required to provide

assistance "if no reasonable possibility exists that such

assistance would aid in substantiating the claim"). In view

of the Board's favorable decision in this appeal, further

assistance is unnecessary to aid the appellant in

substantiating her claim. "

Then they made the order for award.

(I am not giving the actual link at BVA because I pulled something in 2005 in the remand decision that I do NOT recommend for anyone here to do.

It isnt precedential. It was pushing 38 USC to the limit and it worked. Not for the faint of heart)

I am posting this all for a reason pertinent to the topic-

The I-8 is an internal VA document.

I have posted the Job description for DROs here and used it for my claim.

On the 1-8 needed for transfer to the BVA the VA will blatantly check Yes to indicate steps they took when the reality is those steps are often not taken and could be basis for calling a CUE on them.

They dont want us to know what they have put on the 1-8-I forget how I got copy of mine.

It sure wasnt in the C file.

The 1-8 itself can take time to be manipulated (ooops I mean prepared)for a rater or someone to check Yes to what the VA did NOT do.

The BVA looks at ths document first as it ndicates what the VA says they did.

Then the BVA looks at the VCAA letter.

If the VA said Yes they complied with proper VCAA letter but the letter is deficient, then a remand is in order adding more time to the claim.

Broncovet said "Got my notice from RO that my claim was certified to the BVA. It took 3 years, since 2008, when I filed NOD."

That in many cases inst unusual.

As my BVA case states no one at th4 VA read my IMos and this is why my case took 6 years to award =then I had to fight for my money-for about 8-9 months more.

This doesnt happen in a vaccuum.

I think the RO knew full well they could get over on my POAS as the VCAA letter I got is completely in violation of the actual VCAA.

I complained many many times for years to Congresman Filner (H VAC)of the lack of proper VCAA letters as causing a big part of the backlogs and remands.The BVA remands due to VCAA errors have sure calmed down.

Still- it is the 646 from the POA that can hold up a BVA transfer or

they are sitting on preparing the 1-8 or

someone at the RO actually discovered something in the 1-8 was wrong and called for additional development or

they simply are stalling the transfer.

The ROs make countless errors that the BVA will catch.

When the BVA starts documenting the persons who are making the erroneous VARO decisions, then there can be some accountability.

The I-8