New Evidence For Bva

[qwiksting]

Hello to all, I was wondering if someone could help me out with some advice. I submitted a claim to the VA in 2007. I have esophagitis, with a hiatus hernia. Also GERD. I returned from Iraq in 2005, was discharged in 2006, went to the VA and began getting treated and diagnosed, (upper GI)and then treated with omeprazole and some kind of nasty thick liquid stuff. The Doc called for a endoscopy, so I waited for an appt. which never happened. So the next time I went in for an Appt. Doc wanted to know about the endoscopy, so he pulled up something on his computer, and it said it was put in as a routine procedure and was denied. This went on one more time till the Doc had to call Gastro to set it up himself. 2yrs into the process. Got the scope done and was discovered a Hiatus hernia and GERD with a small ulcer. Like I said earlier I submitted the claim in july 2007. In Feb 2008 It was denied, stating" that everything had resolved itself". I then put in an appeal with the VA, spoke with a DAV person who was helping me. I was given a choice as to where my appeal would go, and was advised that it should go to a DRO. Anyway,I think a mistake was made and it got sent to the Board of Veterans appeals in Washington DC. I don't understand the paperwork flow but it is what it is. So, today I had another Endoscopy done at the VA, and the findings are:

Moderately severe esophagitis seen in the distal third of the esophagus(530-10) Biopsy taken

34-37 cm level esophagitis

A hiatus hernia was found in the GE junction (553.3) 37-40 cm level

Erosive gastritis was found in the antrum (553.40) Biopsy taken

Normal body of the stomach, cardia, and funds. Two biopsies taken

Normal Duodenum

This looks similar to the first Endo that was done in 2007, when I filed my claim.

my question is, do I, or can I submit this to the BVA, and if I can how do I do it?

Thank you for listening and or helping me.

[deanbrt]

Ketchup, ,my guess is you are no more than a couple of weeks away from knowing the decision, based on my own time frames

[carlie]

deanbrt,

According to the BVA's OWN 2011 Annual "Report Of The Chairman",

I consider you to be VERY FORTUNATE to have received timely appeal results.

http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2011AR.pdf

"The average length of time between filing the appeal and the Board’s disposition was 883 days"

From my personal experience with my appeal process to the BVA:

Decision Date: 05/19/10

This case comes to the Board of Veterans' Appeals (Board)

from a May 2000 rating decision.

Remaining issues from this decision that are under remand instruction

have yet to be settled -

so currently I am still in a holding pattern for almost

2 FULL YEARS, on remanded issues alone.

I - as many claimants in appeals status, have very few good things to say

in regards to the timeliness of appeals adjudication, at any level.

JMHO

[deanbrt]

What am I missing here? BVA 240 days....

And AOJ means?

"AOJ Agency of Original Jurisdiction"

'

"Certification of Appeal to BVA AOJ 585 days"s

Let me guess. These poor vets went DRO.....

Read the underlined......

The average length of time between filing the appeal and the Board’s disposition was 883 days.

The following chart demonstrates the average time intervals for particular portions of the appeals process.

* This includes the Board’s cycle time of 119 days. Cycle time measures the time from when

an appeal is physically received at the Board until a decision is reached, excluding the time the

case is with a VSO representative for preparation of written argument.

38 U.S.C. § 7101(d)(2)(E)

The number of members of the Board at the end of FY 2011: 64 members

The number of professional, administrative, clerical and other personnel employed by the Board at

the end of FY 2011: 471 employees not including 64 members above.

38 U.S.C. § 7101(d)(2)(F)

Number of acting members of the Board during FY 2011: 94

Number of cases in which acting members participated: 11,613

38 U.S.C. § 7101©(2)

Number of acting members of the Board in terms of full-time employee equivalents: 15.4

Time Interval Responsible Party

Average Elapsed

Processing Time

Notice of Disagreement Receipt

to Statement of the Case

AOJ 257 days

Statement of the Case Issuance to

Substantive Appeal Receipt Appellant 41 days

Substantive Appeal Receipt to

Certification of Appeal to BVA AOJ 585 days

Receipt of Certified Appeal to

Issuance of BVA Decision*

BVA 240 days

Average Remand Time Factor AOJ 427 day

[deanbrt]

257+41+585=883

If you get it to BVA it goes quick. My personal belief is the DRO route is a killer. My opinion. The trick is to get to BVA as soon as you can. No other claims until you know it is there and read what I underlined in my last post. Using a VSO may cause you to lose months if not more while BVA waits for them to review things. Lastly, there is one man on this site that could make all the difference in your life and his name is Hoppy....

Processing Time.

Notice of Disagreement Receipt

to Statement of the Case

AOJ 257 days

Statement of the Case Issuance to

Substantive Appeal Receipt Appellant 41 days

Substantive Appeal Receipt to

Certification of Appeal to BVA AOJ 585 days

Receipt of Certified Appeal to

Issuance of BVA Decision*

BVA 240 days

Average Remand Time Factor AOJ 427 days

[deanbrt]

"Remaining issues from this decision that are under remand instruction

have yet to be settled -

so currently I am still in a holding pattern for almost

2 FULL YEARS, on remanded issues alone."

That reads to me that BVA remanded back to the RO, in which case you are in for a wait. That is not BVA but the RO. If that is indeed the case my guess is that your wait is tied to the Nehmer decision.

[ketchup56]

deanbrt:

I agree with your assesments totally. As stated earlier in this thread my file is now with the VLJ and when something changes as to my status i will let the board know this information. It was 530 day's from NOD 09/16/2010 to 03/13/2012 CERTIFICATION to BVA. My total delay time from denial of claim to submission of my NOD was only 3 day's. As stated earlier the major delay's are times waiting for hearing's either at the dro level (such as mine)or at the bva level and also VSO'S holding up review,s at both varo and bva levels of appeals. All this waiting already compounded by the fact that the raters and dro's never READ or COMPREHEND the evidence in front of them has really convinced me that the DRO REVIEW routes are a total complete waste of time. After all this if the VLJ has remanded any or all your claim you still wait in another line to get re-adjudicated all over again by the same idiot's who more times than not wrongfully denied your claim the first time. I DIDN'T SIGN UP FOR THIS BS. LOL.

calie:

There will never be enough excuses to why your claim's took 10 years, and still today no FINAL adjudication. You are an exception, no doubt. I really admire your patience and stamina.