Bva...3 Years, 4 Months Behind.

[broncovet]

I just called to check on my Board of Veterans Appeals claim and to ask the docket date. Ebenefits was confusing. At any rate, they told me my "docket date" was April, 2009, and they are working April 09 docket dates, and I should have an answer in 30 days. So, if you are interested, the BVA is 3 years, 4 months behind currently. This is not from the date of the RO decision, but rather from the docketed date at the BVA. The RO decision was much earlier, 2008. I have heard a 4.4 year estimate from Veterans for Common sense for a BVA appeal, and this sounds consistent with what I have experienced.

The worst part is if it is remanded to the AMC. The AMC is a black hole where Vets claims go to die, or, more specifically to wait for the Veteran to die.

[disasta]

Interesting they told you that. My claim had a docket # of June 2009 and I received a decision in the mail on the 1st of August.

Good luck, hopefully it is resolved and you receive a favorable decision soon.

[broncovet]

I think maybe I know why this would happen, since BVA does cases in order except for hardship.

Mine was "with VSO" for about a year and 3 months.

So here is what happened I think:

The (National) VSO's "work" these claims...prepare them for the judge.

Well, they know the BVA is backed up, so they take their sweet time, and then they finally go..gee, this is a April 09 docket and we are already on June 09. We got to do this right away.

So they hurry up and turn it in. The BVA wont look at it because the national DAV is reviewing it.

So, it was the DAV's fault..I may have gotten this 3 to 4 months ago, had the DAV not screwed me around.

[qwiksting]

I revoked my POA from DAV. About a month later I was with the VLJ. DAV is the hold up

[broncovet]

I was, no doubt, right about my suspicions that the DAV is the hold up.

I did not think it was possible to be worse than the VA, but the DAV has done it. Incredible.

When I called the DAV and asked why my case was "with VSO" for 15 months, he got defensive and replied, "gee we sent that to the board 4 days ago".

Two weeks later it changes on ebenefits from "with VSO" to "Waiting for VLJ"

Its just amazing the DAV, who pretends to be our advocate, is actually more a part of the problem.

Im glad this is out. Vets need to know the DAV will "sit" on your claim for another year and a half when you sign over POA to them.

[Berta]

A widow I know just found out a claim she prepared over 6 months ago and gave to her rep had not been filed yet by her vet rep ( AL)

This is why we must make sure that,if we seek help from any VSO from any vet org, that we follow up on what they say they will do.

She wondered why she had not received a VCAA letter and that is when she began to question the rep.

She also complained to his boss with no real help there because the rep said the boss told him 6 months ago that she would not succeed with the claim.

So I guess this is why her rep sat on it.

She filed a difficult claim but that isn't a decision for any vet rep to make as to whether she would succeed or not.

I always had negativity from my past reps on every claim I filed under POAs.

That is why I would never depend on a middleman again and I started handling my claims myself years ago.

Unfortunately many claimants do need vet reps but they must be proactive enough to double check on what the reps does or they think the rep is doing.

Us widows cannot use ebenefits but we can always use IRIS and the 800# to at least confirm that VA has what they should have from us.

Although there are many many good vet reps out there( and they are the ones who are always overwhelmed)

I do agree that many other reps are a major part of the backlog problem.

Prior to the VCAA reps would often make suggestions as to what evidence was needed for the claim.

The VCAA eliminated the need for that and spells out clearly what the VA wants.

If the above widow succeeds but has lost 6 months retro EED due to the rep's carelessness ,she can sue him in a state court.

[broncovet]

Yes, Berta.

Vet claims do not need to be "filtered" through a VSO, to determine if it is "well grounded" enough to send it on to the VARO! Vets have enough sabatours for their claim once it gets to the RO and dont need still another gatekeeper VSO.

The widow you knew that had her VSO sit on her claim for 6 months should be livid. This means that VSO cost her $6000 or more in retro. That is not to mention another 6 months of the pain and frustration of waiting on your claim.

When I was in the military we had to stand at attention for long periods.

I saw troops "topple over" from exhaustion. They didnt pass out from extreme exercise...they passed out because they were forced to stand perfectly still,...sometimes for hours. It is very difficult. You need to scratch your nose. You cant. I actually saw them pass out..standing at attention. Never from exercise. Its harder to stand and do nothing and this VSO wants to add another six months to that.

I think what your saying about the VCAA is that it did not help Vets. The VSO, who is the one talking to the VEt, used to ask him if there was any evidence. Now, as you pointed out, the VSO depends on the VARO to help the Vet gather evidence. (Good luck with that!) It lets the VSO off the hook.

I think if the VSO is "sitting" on Vets claims, the Vet needs to know this. Most of the time, the Vet will never find out...the VSO will just "blame the VA backlog" and be done with it.