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Travel Board Hearings

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MPsgt

Question

Could I solicit answers to these following questions from forum members?

Q: How many member(s) make-up a Travel Board Hearing?

A:

Q: Are any of the member(s) of the Travel Board Hearing a Veterans Law Judge?

A:

Q: If the member(s) is a VLJ. Do they write up a decision before submitting it to BVA to get BVA to concur?

A:

Q: If the member(s) is a VLJ and writes the decision. Will the decision on ones appeal come sooner, rather than later? If so, how long?

A:

Q: Finally, once a Veteran receives a docket number. Can anyone make a prediction on the current length of time before a decision is rendered?

A:

Thanks,

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Could I solicit answers to these following questions from forum members?

Q: How many member(s) make-up a Travel Board Hearing?

A: One, unless your judge retired after your Board hearing before your case was adjudicated. In that event you get three in order for there not to be a tie. You also have the option of demanding the other two attend a hearing as well.

Q: Are any of the member(s) of the Travel Board Hearing a Veterans Law Judge?

A: Yes. The Board now consists of one (1) VLJ hearing your case. Prior to 1994, there were 20 sections of three-judge Boards. One of them was always a doctor. In order to speed up the backlog, they allowed Boards to consist of a single judge and eventually retired all the doctor judges as Colvin v. Derwinski forbid the practice.

Q: If the member(s) is a VLJ. Do they write up a decision before submitting it to BVA to get BVA to concur?

A: Your VLJ hearing your case takes it back to DC and lets his crew of 8-12 VA staff attorneys (future VLJs) do the arithmetic. He then makes a decision based on their assessment. They write it up and he signs it.

Q: If the member(s) is a VLJ and writes the decision. Will the decision on ones appeal come sooner, rather than later? If so, how long?

A:It makes no difference. Your appeal is docketed based on it's arrival in the inbasket. If you petition for advancement on the docket under 20.900©, that will advance it to three months or so. Average in and out at the BVA is 16 to 20 months from transmittal. Sometimes the VARO holds on to it for a year before certifying it and issuing the Form 8 as the BVA have too many backlogged in DC.

Q: Finally, once a Veteran receives a docket number. Can anyone make a prediction on the current length of time before a decision is rendered?

A: 14-18 months if it isn't remanded. Best bet is to sign a waiver of review when you get a docket number preventing that from happening.

Thanks,

Good luck

Edited by asknod

 

 

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Asknod, thanks for the wealth information. I had a travel board hearing ironically Sept 11, 2013 @ the VARO Louisville. There was only one. What I know now to be a VLJ. My wife and service officer were present too. I signed the waiver of review. The BVA received the appeal Sept 24, 2013. I was hoping for a better average in months. I guess that's how the ball bounces. At least I have more accurate info about an appeal. Especially, when learning to process claims and appeals for Veterans. Thanks!

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