Bva 2012

[bergin c/o]

any idea if the bva has made it to 2012 decisions yet .or where they stand on the back log.

[bergin c/o]

Hard to comprehend that it take so long . Years just in appeals not counting the years since the first filing of a claim . So front to back is several years

[MikeR]

My recent 11/14/2012 decision at the BVA was a response to the CAVC remand from 10/2011. They sent it to the Ro and not the BVA so my lawyers had to fish it out of the RO and have them send it to the BVA. The new BVA decision looked like a butt covering move to answer for what the CAVC judge pointed out. He even went to go as far as throw the previous BVA judge under the bus. It makes for fun reading.

[carlie]

Here's my guesstimate on an average timeline for a decision from the BVA

even if it's a denial or partial grant with some issue/s remanded.

Submit a Substantive Appeal (Form 9), lets use

Jan 2012

if you request a travel board hearing with the BVA judge

I say roughly that won't even get scheduled for about 36 months.

if you request a video conference hearing with the BVA judge

I say roughly that won't get scheduled for 28 - 30 months.

After either one of the above, I say it will be roughly 6 - 12 months

before you receive the decision.

JMHO

[deanbrt]

I did find the attached from BVA earlier this year....

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 days

[deanbrt]

Here is the site with other charts at the end.

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

[deanbrt]

Here is a reason that I think the faster you get to BVA the better.

From 2011

Compensation

Allowed 13,475 29.1%

Remanded 20,672 44.6%

Denied 10,817 23.3%

Other 1,390 3.0%