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Status Of Bva

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JayBrown1

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I recently requested the status of my BVA claim. I was told that my claim was received in Aug 2007 and sent to the American Legion representative for review on Feb. 5, 2010 and they are waiting on them to finish their review so that it can be placed back on the docket to be heard. The bad part of it is that I had requested not to be represented by the American Legion in 2006 yet they are still representing me.

Can anyone tell me how I can get my claim back on the docket and moving forward to a decision?

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I recently requested the status of my BVA claim. I was told that my claim was received in Aug 2007 and sent to the American Legion representative for review on Feb. 5, 2010 and they are waiting on them to finish their review so that it can be placed back on the docket to be heard. The bad part of it is that I had requested not to be represented by the American Legion in 2006 yet they are still representing me.

Can anyone tell me how I can get my claim back on the docket and moving forward to a decision?

If you have a written copy of the above that is date stamped, I would submit it to the BVA

and remind them that prior to your claim issues going to their level, that you represent yourself

a pro se claimant.

JMHO

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Veterans for Commons Sense says it takes 4.4 years to get a claim through the BVA, and admits it will be even longer if you are just starting now.

Do you have a docket number? Much of the delays at the BVA is really by the RO who waits 2 years to even send it to the BVA.

You should try to run it down after that long. What does e benefits say (tho that is not that reliable)? Also try sending a message to IRIS, someone will at least have to respond.

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The RO doesn't certify and transfer the claims file to the BVA - until the BVA request's

them to do so.

JMHO

How would the BVA even know an appeal exist if they haven't received it ?.........Perhaps your right, I don't know... but when I filed appeals in the past once the de novo appeal was denied the appeals were sent directly to BVA just after I received a statement of the case.

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After a 62 month fiasco from 1993 to 1998 with claim that I filed for increase, disagreed & had RO Hearing & finally to BVA, remand & back to BVA, I swore never again. By the way I won the increase but it didn't feel like a victory. Since then I've had 2 claims under 1 month & my Nehmer claim in just over 2 months. Those claims were all wins. My experience with BVA & the Remand still give me nightmares. They Remanded for a new C & P. Even after I had C & P they sat on it for 18 months before returning it & no one seemed to want to help. After writing the National Commander of the DAV the local DAV decided they would talk to me & I had claim returned to BVA in few weeks.

Never again would I sign a Form 9, when someone mentions it in my group I normally walk out because I don't need to influence them & they should be doing something different. If the BVA can Deny, Remand or Approve, best you can hope for on the first pass seems to be Remand & then the VARO just drags the process out. Don't tell me about the Suspense Date because in my case it was we do what we want to when we want to do it. I've finished my rant, good luck with your claim

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