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add55p

Claim Not Certified But Ebenefits Shows Bva Decision

Question

In January 2010 I submitted a substantive appeal VA form 9. March 2010 the claim was listed as certified to BVA. In February 2012 the claim was no longer certified to BVA and I was told that it was being reviewed by DRO at VA Regional Office (maybe because of the new evidence that was discovered by someone). Scheduled for a C&P in April 2012. On 18 Oct 2012, Ebenefits shows that the BVA (not the DRO at the VA Regional office) has made a decison on my claim and has sent it to the VA Health Center (not the VA Regional office).

Question 1: How did the BVA make a decsion if I was never notified that they (BVA) received my VA form 9 for review?

Question 2: If somehow the VA Regional Office DRO is using this term and has again denied my claim and is sending me a supplemental statement of the case, will I have to submit another VA form 9 and get back in line? And if so, what happens to my January 2010 Subsstantive appeal.

About six months ago, I personally telephoned the BVA to ask when a docket number was assigned to an appeal and the BVA specifically told me, that the docket number is assigned upon the appeal (VA form 9) being received and logged at the BVA.

If an SSOC has in fact been issued then I am in for an additional 2 to 3 years wait (very unfortunate if that is the case!!!).

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In January 2010 I submitted a substantive appeal VA form 9.

March 2010 the claim was listed as certified to BVA.

For starters - I do not see any way the above could remotely

be correct.

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Something similar happened to a Vets advocate friend of mine. His claim went to the BVA nothing, nothing, nothing.

During the long wait, he had recieved an unrelated RO decision which he also appealed.

Years go by. One BVA decision is decided and no decision is sent out. This is because they decided to merge it with the "new appeal" thus further delaying the first decision.

Mine was even worse. The BVA had merged 4 decisions with one appeal. Two of these were never adjuticated at all because the BVA decided they "became moot" when benefits were awarded...this all without due process for me. In other words, they were "deemed denials" that the VA loves.

A deemed denial is the ultimate slap in the face to Vets. What it says is "The VA does not have to decide your claim..we are delaying this forever, and it is up to the Veteran and his advocate to figure out that it was denied. If the Vet can not figure that out, we are banning benefits for him unless he can come up with "new and material evidence". Of course, the VA can ignore that, too.

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Also, its a mistake to think that ebenefits is accurate. Ebenefits is a politically made up farce that the current administration touts as how he helped Vets. Ebenefits does not help Vets...it is so inaccurate and unreliable as to be unusable. It is updated only when and if the RO decides it should be updated, and often that is not very often. It is also "down" a very high percentage of the time. Hadit, manned by volunteers, is a far more reliable website than ebenefits which cost millions of dollars.

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Each Veterans eBenefits information is influenced by your reagional office to some extent, since they do certain data entry and are responsible for keypunching information about you claim/appeal into the system.

That said, with Detroit VARO, every single appeal I have lists the status as pending BVA decision(3). However, none of these claims have been certified or sent. I have one that is in active DRO review, and until they send me a SOC and I have to file that last form 9 none of them are even close to going to BVA.

I had one DRO review that was a favorable response so I did not file the from 9. When the deadline passed I received an eBenefits entry that indicated that the BVA made a decision on my claim.

I suspect that ADD55P's file has been at the VARO all along and it hasn't been sent to BVA. Did you ever receive a docket number from BVA? That "decision" was that the claim had become final since I had not filled a form 9, for that particular claim.

Sounds like the decision that was reached was that the April 2012 C&P was deficient and needed some questions answered. At least they did this relatively soon for you. I have a DRO C&P in June 2011 and they Decided in July 2012 that it was deficient and needed additional information.

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Did you check Letter Generator in Ebenefits for any change?

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