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Decisions Made Without Requested Hearings?


Sergeant G

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Hi,

I filed two substantive appeals regarding entitlement to earlier effective dates for separate claims. One appeal was filed in February 2011 and the other in December 2011. I requested a BVA hearing by videoconference for both. I rarely go on eBenefits, but yesterday, on a whim, I decided to check the status of the appeals. To my surprise, both appeals were listed as "closed" as of yesterday, which I found to be highly coincidental. Instead of being listed under the "appeals" section, they were listed under the "C&P claims" section. Does this matter?

My main question is how can VA make a decision and close my appeals without me having had my hearings? I haven't received notice of any upcoming hearings either. I believe the evidence I submitted for each appeal is pretty solid. (Of course I am biased. smile.png ) Could someone have read the evidence and decided to award the earlier effective dates thereby eliminating the need for the BVA hearings? Maybe I'm being overly optimistic.

My next question pertains to how each appeal was categorized. Under "type," one was listed as an "administrative review" and the other as an "authorization review." Does anyone know about these types of reviews and what they entail? I didn't see either type on the claim status diagram, nor could I find any definitions. I don't know if this matters, but if earlier effective dates are granted, the retroactive payment would exceed $25K.

I'd appreciate any input. Thanks.

Sergeant G

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Do you have a VSO? I'd say the Authorization revew is the approval for some $$. Mine went into this stage even though it wasn't abobe $25K.

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My main question is how can VA make a decision and close my appeals without me having had my hearings? Yes, if the local decision grants the benefit requested.

I haven't received notice of any upcoming hearings either. See above.

Could someone have read the evidence and decided to award the earlier effective dates thereby eliminating the need for the BVA hearings? Maybe I'm being overly optimistic. Perhaps. That "someone" is the Decision Review Officer, who'd have had to write a Statement of The Case (SOC) prior to sending it on to the BVA. Sooooo, instead of a SOC, I suspect you'd be receiving a Decision Review Officer Decision.

Under "type," one was listed as an "administrative review" and the other as an "authorization review." Does anyone know about these types of reviews and what they entail? You don't do an authorization review unless there is an award.

I suggest you sit back a bit and relax. Don't spend any monies until they plop into your account. If you are on direct deposit, the award sometimes get deposited before you receive the Rating or DRO Decision.

Hi,

I filed two substantive appeals regarding entitlement to earlier effective dates for separate claims. One appeal was filed in February 2011 and the other in December 2011. I requested a BVA hearing by videoconference for both. I rarely go on eBenefits, but yesterday, on a whim, I decided to check the status of the appeals. To my surprise, both appeals were listed as "closed" as of yesterday, which I found to be highly coincidental. Instead of being listed under the "appeals" section, they were listed under the "C&P claims" section. Does this matter?

My main question is how can VA make a decision and close my appeals without me having had my hearings? I haven't received notice of any upcoming hearings either. I believe the evidence I submitted for each appeal is pretty solid. (Of course I am biased. smile.png ) Could someone have read the evidence and decided to award the earlier effective dates thereby eliminating the need for the BVA hearings? Maybe I'm being overly optimistic.

My next question pertains to how each appeal was categorized. Under "type," one was listed as an "administrative review" and the other as an "authorization review." Does anyone know about these types of reviews and what they entail? I didn't see either type on the claim status diagram, nor could I find any definitions. I don't know if this matters, but if earlier effective dates are granted, the retroactive payment would exceed $25K.

I'd appreciate any input. Thanks.

Sergeant G

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What do you think a 100% award retro to 1971 might be? I had lots of hearings on this issue. The DRO would agree with my lawyer and me and then write a denial. I want to see if I can get a million dollars from these mothers. As long as you get the money who cares about a hearing or appeal?

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That's right= I forgot about that-----

In 2006 I felt I knew some of the Buffalo 800# reps and they knew me....

One of them -who always gave me good status info----got very excited when I asked for the status of my 2003 claim and he said an award must be imminent because it "went to authorization" and needed 3 signatures.

(Three signatures means an award of 25 thou or more.)

But I sure didnt think they made an award because -so far at that point ,they had ignored ALL of my evidence.I did an IRIS and found that

It went to"authorization" because it needed to have a I-8 and to be sent to the BVA. The 3 signature part- maybe the rep made that up....

But these days the lingo has changed.............maybe they are asking for new C & Ps?

Maybe they considered additional evidence you had sent????

"I believe the evidence I submitted for each appeal is pretty solid. (Of course I am biased. smile.png "

I would be cautiously optimistic here until you find out more.

Many of us here and thousands of veterans have had their claims awarded , after filing I-9s for potential BVA transfers at the RO level.

If the evidence is solid and the claimant prepares a strong rebuttal in a NOD or to a SOC and often if they get an IMO too----

their claim might never get into the BVA stack at all.

I had a few claims turn around when they got my NOD.

I consider the NOD the initial avenue of attack.

I feel a generic NOD that many vet reps prepare is useless and time consuming when dealing with the VA.

It is our first chance to tell them they are wrong and why.

I have written to Dr. Petzel, Under Secretary for Health

Veterans Administration and to

Mr.Michael Walcoff , Acting Under Secretary for Benefits asking for C & P results ,whether from VA or QTC be attached to the ebenefits accounts as soon as they are done, so that we claimants can access the results and properly prepare

NODs (and get IMOs if needed) or rebutt SOCs, and this could help reduce the backlog.

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