Wow, I am getting very confused and frustrated. Can someone please explain the appeal process with the BVA.
Some background….I received my SOC in June of 2010. I wrote up my form 9 appeal and it was received by my VSO in Atlanta and sent to the VA in July 2010. I REQUESTED A VIDEO HEARING. The VSO I was working with took 18 months to do his thing. ( I believe it was a form 646) He wrote up his written argument. My file is sent to the BVA. I get a letter saying as such, but it did not have a docket number on the letter. So I called the BVA office and asked for the docket number and the lady told me that a judge had my file. I asked her when I was going to get a chance to do my video hearing. She was like, you did not have that yet? She had me call the DAV rep in Washington that worked on my file. I called him and he was really nice. He told me that the file should not have been sent to the BVA because I had not received a video hearing, and by law, I am offorded one. So he filed a motion to remand the claim and have it sent back to the RO. He told me that once the file gets back to the RO that it will be fairly quick to get schedule for the video hearing. He also told me that this happens ALL the time. So I email my VSO to let him know what was going on. I hear nothing for 2 or 3 weeks. So I call the office and he had quit. So I had been assigned to a new NSO. So I emailed him and asked him why my file was sent to the BVA in the first place. He comes back with this:
Video hearings require the claim folder to be sent to the BVA for the Judge to review prior to making a
decision. You will be notified when it is time for your video hearing,
remember it takes 3 1/2 years for an appeal, and remanded appeal such as
yours take considerably longer.
It states in the letter that remanded cases will be handled in an expeditious manner by law (blah blah blah)
I asked him if he received the letter in his office dated 1 May 2012? His response:
No. we do not keep that type of information. The Judge must have your file
in his\her possession prior to a video conference.
So needless to say, I am confused as hell. What the heck do I do now?
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joeyjoeyb
Wow, I am getting very confused and frustrated. Can someone please explain the appeal process with the BVA.
Some background….I received my SOC in June of 2010. I wrote up my form 9 appeal and it was received by my VSO in Atlanta and sent to the VA in July 2010. I REQUESTED A VIDEO HEARING. The VSO I was working with took 18 months to do his thing. ( I believe it was a form 646) He wrote up his written argument. My file is sent to the BVA. I get a letter saying as such, but it did not have a docket number on the letter. So I called the BVA office and asked for the docket number and the lady told me that a judge had my file. I asked her when I was going to get a chance to do my video hearing. She was like, you did not have that yet? She had me call the DAV rep in Washington that worked on my file. I called him and he was really nice. He told me that the file should not have been sent to the BVA because I had not received a video hearing, and by law, I am offorded one. So he filed a motion to remand the claim and have it sent back to the RO. He told me that once the file gets back to the RO that it will be fairly quick to get schedule for the video hearing. He also told me that this happens ALL the time. So I email my VSO to let him know what was going on. I hear nothing for 2 or 3 weeks. So I call the office and he had quit. So I had been assigned to a new NSO. So I emailed him and asked him why my file was sent to the BVA in the first place. He comes back with this:
Video hearings require the claim folder to be sent to the BVA for the Judge to review prior to making a
decision. You will be notified when it is time for your video hearing,
remember it takes 3 1/2 years for an appeal, and remanded appeal such as
yours take considerably longer.
It states in the letter that remanded cases will be handled in an expeditious manner by law (blah blah blah)
I asked him if he received the letter in his office dated 1 May 2012? His response:
No. we do not keep that type of information. The Judge must have your file
in his\her possession prior to a video conference.
So needless to say, I am confused as hell. What the heck do I do now?
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