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No Docket Number Assigned To Certified To Bva Claim(Still Pending)


add55p

Question

My claim was certifified to BVA for quite some time. On Friday morning the claim status in ebenefits returned to "SUBSTANTVE APPEAL VA FORM 9".

I called the VARO rep. and was told that a C&P exmanination was being scheduled. When I asked the VARO rep. why my claim was no longer certified in ebenefits, he did not know. I asked him if he could provide me the BVA docket number number for my claim and he said that it did not have a docket number.

My understanding is that once the claim is certified, a BVA docket number is assigned and it will be called to the BVA when the number reaches its turn.

The question that I have is as follows: If the claim is again denied after the C&P examine, will the VARO use my Sustantive Appeal date to secure my earlier place in line at BVA? Or will I have to submit a new VA for 9 after the new denial and have to receive a much later date in the BVA line

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Did you file a form 9 in response to the VARO's SOC?

If you did not do this, and the time period expired, then YOUR CLAIM IS NOT GOING TO THE BVA.

Some Vets dont get this. There is not ONE deadline to appeal but TWO.

First you must file a NOD within a year of the RO decision.

Second, you must "perfect" your appeal by filing an I9 response to the VARO's SOC. within 60 days of receipt of the SOC.

If the Veteran fails on either of these deadlines, then the appeal dies.

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Yes I filed a VA form 9. That is how my claim received the Substantive Appeal VA form 9 status.

As I stated, It was certified to BAV and now it is not, nor has the Substantive Appeal been assigned a docket number.

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This is the main BVA phone number:

1- 202- 565- 5436

Also this is the email for the BVA ombudsman:

bva.ombudsman@va.gov

I dont understand something here..

A C & P can result from a BVA remand (but you would have gotten a letter on that if a BVA remand happened)

or a C & P is for something claimed at the RO level , that has nothing to do with a claimed issue at the BVA.

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Berta

Each time I have contact the BVA, they tell me that they have no record and that I should contact the VARO.

I am very sure that my VA form 9 was processed and was in "Certifed to BVA" status at one point.

The BVA never had knowledge of my claim despite it being Certified.

The C&P has been conducted and sent back to the VARO and I am just waiting now for the decision.

Thank you..

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The VA has "glitches" like this that cause delays at least 50% of the time.

It is up to you, unfortunately, to "prove" you have a claim or an appeal. Hopefully you have copies of what you sent (your I9). Best would be not only if you have a copy, but if you have proof of mailing from the post office.

We tell Vets, over and over, to make copies of everything and send it certified mail return receipt requested, but, I was the same way and beleived the Va would process my paperwork and not lose it. Not anymore. I have had evidence shredded and the VA is fighting me tooth and nail on that too. Fortuanately, I have many copies of most of the stuff, at least the important stuff.

It realy sounds like you are a victim of either VA incompetence or document mishandling. Dont give up.

If you have proof of mailing, through your VSO, that may suffice.

The new VBM indicates the VA is still accepting claims involving "special handling" due to document mishandling, even tho the time period has long since expired. The VA knows they cant enforce that time period...what was against the law (document shredding) 5 years ago is still against the law today. However, if their interpretation prevents Vets from filing, then they win. Dont let em win.

Edited by broncovet (see edit history)
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Broncvet

Yes, I have all of the copies of what I sent in and have printed the Ebenefits page that shows when my claim status was "Certifed to BVA" as well as a printed copy of when they changed the status back to "Subtantive Appeal VA Form 9".

The claim was certified for at leat 10 months (three months after VA form 9)before it was changed back to Substantive Appeal status.

The thing that really concerns me is the fact that I do not have a docket number assigned after 13 months. Also, the fact that the BVA does not have any information in there system concerning my claim.

Thanks..

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My understanding is that once the claim is certified, a BVA docket number is assigned and it will be called to the BVA when the number reaches its turn.

No, your RO can try to pull another "post-decision review" and sit on it. they could be the ones calling for the C&P. that might be good...

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