Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

3 Years To Certify To Bva

Rate this question


broncovet

Question

  • Moderator

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.

Link to comment
Share on other sites

  • Answers 19
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

PS: This bears repeating:

"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."

I succeeded in my FTCA and 1151 claims with my own medical assessments! No IMOs for all that.

The difference is that then I dealt with the Medical Team at VA Central as well as the lawyers at OGC.

They were tough but so am I.

And unlike the RO raters and DRO- they could read.

Link to comment
Share on other sites

Bronco on my current appeal it took two years for New Orleans to send it to Bva.It sat on a desk with Vso American Legion from 2008 to 2010. I raised hell and it was remanded by Bva 7/2010 for updated exam. It has now been up to date with AMC since 9/2010.This appeal has been going on since 2004 for a simple freaking increase in disability and the records are from their own doctors. crazy I tell you.

Link to comment
Share on other sites

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.

Berta,

Was there a particular reason you did not submit the waiver and by-pass

a review at your RO for the attachments by Dr.HR and Dr. CRB -

there by allowing the BVA to go ahead and make a decision.

Was it just to point out the improper VCAA notification ?

Link to comment
Share on other sites

bronco,

Mine was about 24 months to certify to BVA and make the claims file transfer

to their jurisdiction.

Then about 18 months to get my first BVA hearing (in person).

Then 12 months to get that decision and remand instructions.

About 10 months later I received notice my BVA judge had retired and they

had to offer me an additional BVA hearing (in person) with the BVA judge my

claim issues went to.

They would have tried to stall me at least 18-24 months on this 2nd hearing

but I contacted the BVA Ombudsman's office and got the upcoming dates that

the BVA judge would be at my VARO.

So, I submitted a 21-4138 to my VAR & the BVA stating this was piece-meal

adjudication and that I should not be penalized and have to wait an extended period of time

due to 1st judge retiring.

They scheduled my 2nd BVA hearing stat, so the first week this new judge was at

my VARO I lucked out (by being pushy and tenacious) and got my new hearing.

So, far to date the BVA granted 2 issues, one back to 1999 and 1 back to 2004

the VARO has fully adjudicated and promulgated decisions on these 2 issues

and now they are following the BVA remand instructions on about 5 more issues.

Link to comment
Share on other sites

Carlie asked:

"Berta,

Was there a particular reason you did not submit the waiver and by-pass

a review at your RO for the attachments by Dr.HR and Dr. CRB -

there by allowing the BVA to go ahead and make a decision.

Was it just to point out the improper VCAA notification ? "

That is a good question and it might well have gotten another remand due to the VCAA.

No- it was really to give the RO a chance to do to right.I had another issue there and hoped to get them both resolved there at the RO.It was same year the director of this RO got a $10,000 bonus and even she refused to read my IMOs when she got them as well as the DRO.

I wasn't dependent on this claim financially and allowed VA to string it out at the RO asI was able to compile more evidence on how deliberately deficient they are.

I am still collecting evidence on them and the documented errors they make. :blush:

It is quite a large amount of documentation.I have a purpose for it.

Link to comment
Share on other sites

The Board claims in FY 2009, it had a cycle time of 100 days to dispatch a case. So knowing that, where is the slow down. The Regional office, and the VSO. The Board reviews your case and sends it on its way, having hired even more Judges I am sure their turn around time is even quicker. The Regional offices and their own way of doing business is what slows the process. In my opinion that comes down to leadership. While there are some regions where things have to be done differently, there should not be that much difference between regional offices. Anyway, this is from the Chairmans Annual report to Congress:

"In Fiscal Year 2009, the Board issued 48,804 decisions and conducted 11,629 hearings with a cycle

time of 100 days. Cycle time measures the time from the date an appeal is physically received

at the Board until a decision is dispatched, excluding the time the case is with a Veterans Service

Organization (VSO) representative. The cycle time of 100 days was 55 days faster than in 2008 and

the lowest since 2004. The Board physically received 49,783 appeals in Fiscal Year 2009 and expects

to receive at least that many appeals in Fiscal Year 2010."

Edited by myround0
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use