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Certified Claim Languishing At Varo
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add55p
Hello
I have read alot of inforamtion regarding the claims appeal process:
Such as:
1. Once a Notice of disagreement has been submitted and VA continues to deny your contention, you will be issued a statement of the case.
2. After receiving the statement of the case, you may submit VA Form 9 to substantiate your appeal. Or submit new evidence. If new evidience is submitted, the VARO in most cases must review the claim again, and if they continue to deny your claim, you will be issued a supplemental statement of the case, whic in layman´s terms mean that you still do not have enough evidence to convine the VA to award your claim.
3. If instead, however, you submit a VA form 9 (sustantive appeal) without additional evidence back to the VARO, the case falls into the jurisdiction of the BVA and once it has been certifified, receives a BVA docket number.
4. From what I have read and heard in open testimony, BVA docket numbers are worked in docket number order. Exceptions are hardship claims that may be placed ahead due to the urgency of need of the veteran.
5. Barring the hardship cases, once a claim receives a docket number the BVA should initially call the claim up to Washington D.C. in a reasonable time. From what I have read on the BVA decision site, calling a claim up can vary from 6 months to 2 years.
6. In some cases, the VA section, person, office(?) or etc. that does the last review before it is sent to the BVA catches something in the claims file that may substantiate the claim. Not sure what happens to the appeal if they decides to award the claim instead of sending it to BAV. I guess the Veteran will have a right to appeal the award further if it is not to their liking.
Now with all of that said, the question is: Why would a claim that has been certified since July 2010, more1500 days be languishing at the VARO if there was no new evidence submited along with or since the VA form 9?
If any body has experience an appeal wait time under these circumstances, please provide feedback.
Thank you..
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