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SANDMAN

Question

I have heard a few times about contacting the BVA ombudsman to find out approx where your appeal is in line . What are peoples thoughts about this GOOD OR BAD IDEA ?

Will it work or will it slow down my appeal ( ie : bottom of the pile ) . Mine was certified Sept 2010 . I was told by my attorney approx 18-24 months .

Thank you,

Sgt Sandman :unsure:

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I have heard a few times about contacting the BVA ombudsman to find out approx where your appeal is in line . What are peoples thoughts about this GOOD OR BAD IDEA ?

Will it work or will it slow down my appeal ( ie : bottom of the pile ) . Mine was certified Sept 2010 . I was told by my attorney approx 18-24 months .

Thank you,

Sgt Sandman :unsure:

Sandman,

I posted my Appeal time line recently - but here I'll post it again to give you an idea.

BTW - NO , calling the Ombudsman's Office will not slow you Appeal down.

Also, you need to be aware that your Appeal being Certified - does not include it being

transferred to the BVA's jurisdiction and physical location.

You will notice below that my Appeal was Certified 4/10/2006 but wasn't called to

and transferred to BVA until 10/17/2009.

I disagree with your attorney and guess more at 24 - 48 months.

Also, did you request a hearing with a BVA VLJ ?

Progress Office

05/22/2000

Local VA Office Decision

RO

05/31/2000

Notice of Disagreement (NOD)

RO

01/17/2001

Statement of the Case (SOC)

RO

02/20/2001

Substantive Appeal (Form 9)

RO

04/10/2006

Certification of Appeal

RO

10/17/2009

Received by BVA

BVA

10/17/2009

Administrative Case Processing

BVA

11/16/2009

With VLJ

BVA

11/16/2009

With VLJ

BVA

01/21/2010

With VLJ

BVA

02/09/2010

With VLJ

BVA

02/23/2010

With VLJ

BVA

03/05/2010

With VLJ

BVA

03/08/2010

With VLJ

BVA

03/19/2010

With VLJ

BVA

03/26/2010

With VLJ

BVA

03/31/2010

With VLJ

BVA

04/12/2010

With VLJ

BVA

04/14/2010

With VLJ

BVA

05/13/2010

With VLJ

BVA

05/18/2010

With VLJ

BVA

05/18/2010

Pending Dispatch

BVA

05/19/2010

Decision & Claims File Dispatch

BVA

05/19/2010

Decision & Claims File Dispatch

BVA

06/14/2010

With VLJ

BVA

08/13/2010

With VLJ

BVA

08/17/2010

Decision & Claims File Dispatch

BVA

carlie

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Carlie,

Thank you for your reply . I saw the time table for my case progression on ebenefits , it was certified Sept 2010 it was tansfered to BVA in March 2011 . It shows with BVA VLG for the past couple of months. So by reading your timetable, the longest part of your appeal was the actual certification ( 5 yrs ) and then the transfer ( another 3.5 yrs ) WOW ! Did i read that correctly ?

Thanks Carlie,

Semper Fi Sgt Sandman

Edited by SANDMAN
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Carlie,

Thank you for your reply . I saw the time table for my case progression on ebenefits , it was certified Sept 2010 it was tansfered to BVA in March 2011 . It shows with BVA VLG for the past couple of months. So by reading your timetable, the longest part of your appeal was the actual certification ( 5 yrs ) and then the transfer ( another 3.5 yrs ) WOW ! Did i read that correctly ?

Thanks Carlie,

Semper Fi Sgt Sandman

SANDMAN,

YOU READ IT RIGHT - and there or no typos :-)

Also, if you get remanded on an issue - it can be better than a denial,

but remands eat up years too !

Of course - BVA remands are to be given expeditious treatment -

but there really not much expedition to be done when SO MANY REMANDS

are made daily - hundreds !

JMHO

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  • HadIt.com Elder

I used an attorney after appeals and NODs being denied at the VARO level from Dec 2002- Jun 2007 then they passed the law that allowed us to pay lawyers I found one thru NOVA since me denial was before the legal date to hire lawyers they took my case pro bono after hearing the circumstances, they even paid for a new IMO they thought I needed in Jan 2009 and told me to pay them back after I got the back pay my BVA hearing was to be held Feb 4 2009 Apr 7 2009 I got the BVA decision in the mail SC for CAD and hypertension I was told by my lawyer it would be 6-12 months for that to happen they were wrong the VARO sent the deposit on June 4 2009 and I got the award letter on the 6th I think taking me to SMC S 60% CAD and 10% for hypertension in addition to my 100% PTSD, I am now in chronic congestive heart failure and was seen yesterday in cardiology about having a pacemaker implanted that will bump me up to 100% I doubt if it will make a difference in my check but on the 9th I see my PC doc and see if they will recommend Aid and attendance

appeals and DRO hearings are not fast never believe what someone "tells" you believe what you see in writing you can misinterpret a phone conversation and they are not enforceable you need to have it in writing.....

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