Certification Of Appeal

[MPsgt]

The VARO just posted a Certification of Appeal dated 07/23/2013 for my TDIU claim. They've been working the claim just about two years already. My Veterans Service Officer was trying to get a DRO before it ever left for BVA. At this point, is it already to late to get the DRO. If it is, I'm up the creek without a paddle for two to three years!

[ketchup56]

The VARO just posted a Certification of Appeal dated 07/23/2013 for my TDIU claim. They've been working the claim just about two years already. My Veterans Service Officer was trying to get a DRO before it ever left for BVA. At this point, is it already to late to get the DRO. If it is, I'm up the creek without a paddle for two to three years!

"Up the creek for two to three years". In order for your appeal to be certified to bva you had to have submitted a Form 9. The date that you signed that Form 9 is the docket date you will receive when your files are actually received at the bva. Keep in mind also that if you have sent in any new evidence to the varo while waiting on that dro review, and the varo has not issused a soc or ssoc on that new evidence BEFORE actually sending the files to bva then you really are screwed. This forces bva to remand for procedural errors, UNLESS you have an ironclad case you can win, therefore it would not prejudice you in anyway not to been issued the soc/ssoc... Let's hope so...Another barrier while at bva is if you have a poa with any vso..They are the ones who really contribute to the backlog while at the bva. Good thing for you is that you have 2 years already into your docket date to be heard at bva. Last i heard from case management was bva were on 2011 docket dates to be worked. Good Luck..........

[Berta]

This concerns me:

"My Veterans Service Officer was trying to get a DRO before it ever left for BVA"

Did you or the DAV respond to the SOC in time to request a DRO review?

Please check me and correct me.... someone here -----

but I think the response time is 60 days for SOC and 30 days for SSOC in which one can request a DRO review.?

I had a case transferred to the BVA quite some time ago, after many years at the VARO and things moved faster at that point....

I made sure the BVA had my evidence (sent them copies of all the good stuff the RO had ignored) and rebutted the C & P exam the BVA had ordered

on a remand. I sent everything directly to the BVA and used their ombudsman from time to time via email to make sure they had all of my stuff.

"Faster" at the BVA is a relative word however.

Claim filed in 2003. BVA award 2008, retro took until 2009....the retro became a battle of it's own due to FTCA issue.

But I knew the BVA could read and it was far easier to await their proper decision ,once they got the case.

I still dont get what the VSO said he/she was 'trying' to do.

Do you have a copy of your signed request (or his/hers) for the DRO review?

.

Edited July 24, 2013 by Berta

[MPsgt]

I believe the VSO submitted form 9. I believe he further requested a review of my appeal. If that is at all possible at this point. I'm assuming before it leaves for BVA. If he has submitted form 9. Will it sit at the VARO Louisville until BVA calls for it? Does it already have a docket number assigned? Below is the info provided at the ebenefits website.

11/30/2011 Local VA Office Decision RO

12/21/2011 Notice of Disagreement (NOD) RO

01/24/2012 Appeal Pending BVA

06/08/2012 Decision & Claims File Dispatch BVA

03/06/2013 Appeal Pending BVA

05/28/2013 Statement of the Case (SOC) RO

06/04/2013 Substantive Appeal (Form 9) RO

07/23/2013 Certification of Appeal RO

Edited July 24, 2013 by MPsgt

[john999]

The VA almost shipped my claim off to the BVA even though I did have a NOD with a DRO request that was in their hands. You have to keep your eye on them and check frequently yourself. You can't depend on some VSO to do this for you. I know that is a shock, but true knowledge to old timers. VSO's have caused me much grief over the years. Piss poor representation to the point of malpractice.

[MPsgt]

The VA almost shipped my claim off to the BVA even though I did have a NOD with a DRO request that was in their hands. You have to keep your eye on them and check frequently yourself. You can't depend on some VSO to do this for you. I know that is a shock, but true knowledge to old timers. VSO's have caused me much grief over the years. Piss poor representation to the point of malpractice.

John,

I'm in total agreement with what your saying. However, I'm very aware of how hard my VSO is working not only for me but, many Veterans. I spoke with him today and his trying to get my appeal pulled before it leaves for BVA. My VSO has an office very close to VA officials at the VARO. He too said that if it goes to BVA. It will sit for two to three years. I pray that it all goes well. Thanks for the response.

[Berta]

The VSO will probably prepare ( or has done it already) a strong 646.

This form, discussed here at

is often never mentioned in BVA decisions, but when it is, often the VSO or Vet rep has raised a serious issue of evidence that supports the claim.

A 646 is more or less the VSOs, or representatives last chance to argue the decision and tell the VA why they are wrong.

Most 646s however are generic renditions.... mine was prepared by a vet rep who was not familiar at all with my claim and it sat on his desk for many months,holding up the formal transfer to BVA.

John is right although it does certainly appear that this VSO is working hard on your behalf.