Can Appeal Collide With Claim ?

[jcolwell]

I will try to keep question short. Posting for spouse. Thailand, perimeter guard, Udorn Thailand 1970.

DRO appeal ( IHD with ICD, GERD, Chronic Renal Dis ) 10/2011. Completed DRO interview 5 months .No summary yet per Iris.I am not even sure if it is documented yet.

Regular claim filed 10/2012 ( Depression, ED, DM2, sinusitis ) and a few others.

RO called last week and said they plan on completing my 2012 claim by Nov 1. I had outside DBQ except Depression and Sinusitis. They did 2 C and P last week. I also signed a 5103 in july.

I am very concerned that 2012 claim is now moving very fast and will complete before appeal. many of 2012 contentions are dependent on that appeal . RO stated that once 2012 completed they would send to DRO for completion of entire claim. I am very concerned that they will not coordinate these two claims during rating period. looking for some advise.

Thanks JC

[broncovet]

I can appreciate your concern. However, your best bet is to simply wait for the outcome. What you described should not be a

problem, reminding you that a DRO decision IS a Regional Office Decision. If these are in conflict, you have a great base to

appeal.

Like many, we try to anticipate any "potential problems" with our claim, and, mostly the VA finds OTHER problems with our claim and the problem we thought to be a problem often isnt. They think differently than we do. Hang in there and wait for your decision and then appeal it, if necessary.

[jcolwell]

We have no desire to sit in appeal at RO any longer after 2 years. 2012 claim moved to preparing for decision tonight , so quess will drive over to see my some what not helpful VSO at RO. They just moved date up for completion by 6 months . Wonder why VA staff decided to start working these claims..........must be money involved. Thanks again

[broncovet]

There is "always money". The average BVA appeal takes 4.3 years, according to Veterans for Common Sense, and that average is likely higher now. The VA employees and politicians dont care how long it takes Vets money to get their money , as long as their bonuses and incentives arrive on time and as scheduled. The wait is far, far worse with Shinseki, and appeals is going to get much worse before it gets better. Much of the appeal problem is the RO, not the BVA. It often takes 2 years or more for the Ro to even certify your appeal to the BVA. Has yours been certified??

Then, your VSO will delay it for another year, "preparing your decision for the BVA". When ebenefits lists your appeal as "with VSO" that means your VSO is sitting at the VFW bar, and your claim collects dust.

Edited September 14, 2013 by broncovet

[jcolwell]

thanks. Not a BVA,.

I have RO appeal with DRO interview completed 5 months ago and no decision by him yet. JC

[OSC]

jcowell,

Yes the Appeal and Claim can complete at the same time.

This happened to me last month.

So I don't have to retype everything over again, here is a link to what happened.

Hope this helps.

OSC