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Certified Claim Languishing At Varo


add55p

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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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ADD: Couple things come to mind regarding your questions. As far as why is it still at VARO, maybe it hasn't been certified for the BVA yet. What has your VSO Rep had to say? What ever VSO you used, generally they have a main office at your VARO staffed by Senior VSO' and hopefully a Former VA Rating Employee, now handling Claims Appeals at the DRO level and BVA. Track somebody down at your VSO, the Appeals Specialist could be a fountain of knowledge and advice.

You really didn't have any additional "New" evidence to assist your appeal? When you received your denial, what did the VA rater list as evidence viewed and reason for denial? I've had numerous Denial/Award letters over the past 6 yrs, there has always been a page where the rater describes evidence of record that was viewed and how it affected the award/denial. These past 1500 days, you haven't had any DBQ's or other Medical records VA or otherwise to submit as "New" evidence to show the continuity of your claimed condition/'s? Good luck, get good representation. Trust but Verify.

Semper Fi

Gastone

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Gastone, I agree totally with you bud. Why did the VA deny, and you had to have had some Medical Treatment within that later time period. Good luck and God Bless.

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Gastone and US VET

I was denied because VA stated that the condition was not noted in my STRs. I believe that I sent in enough information to substantiate my claim (to include copies of my STRs that show in service treatment and etc.) This evidence is not listed in the denial letter. I indicated that fact in the submitted VA form 9. All the VSO did was sign a Form 8 agreeing with the VA in the certification progess and did not even consider my evidence. The claim appears to have not been touched since Juye 2010. It is like VA does not want to admit a mistake was made by the rater.

The VSO was asked why it was taking so long t be called up by the BVA. The question asked on this forum is the same question that I asked the VSO. The Veterans Service Officer just keeps telling me to wait. He stated that the currently 1500 days appeals could be called up within the next 6 months next 4 years. The way I see it that would add even more unnecessary time to an already 1500 days appeal.

I really believe that there may be some good VSOs out there that work on your claim as if they were being paid, but what I have witness is that this particular VSO Team are always in reactive mode. If you do not ask them to do something, do not expect to hear from them.

As for continued treatment. Yes, I have been constantly treated since the claim was submitted in 2008. However, Since the VARO did not and continues to ignore my supporting evidence, I decided not to send any additional evidience, for fear that ie will spend another 2-3 years waiting for another de novo review by the VARO DRO.

The bottom line is that my appeal has been certified with a docket number since July 2010 and with no sign of completion in sight..

By the way, today, I called the BVA Washington and they are pointing the blame to the VARO, stating "We do not no why the Regional office has not already sent your appeal up" The BVA representatibe stated that I should contact the regional office to find out the status.

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  • HadIt.com Elder

This is what the Writ of Mandamus was designed for. The VA often pigeonholes these things and disremembers them. Deputy Chairman Laura Eskinazi has been caught trying to speed up the claims by cherry picking some out of order on the docket. These are called "rocket dockets" and advanced because they are easy. It makes production figures go up but disenfranchises those who have waited patiently. http://asknod.wordpress.com/2014/09/11/bva-rising-star-eskenazi-crashes-and-burns/

I know this sounds off kilter but I would call SECVA McDonald. He has asked those of us with endemic problems and unholy delays with no good explanation to do so. Why not take advantage of the avenue? I did last Wednesday afternoon, I had a BVA staff attorney on the phone to me twenty hours later. The DRO in Seattle called the next morning (Friday) and wanted to know how I wanted to settle it and what my expectations were. My appeal has been sitting there five months since receipt of my NOD April 30.. I expected another two years to a Form 8. I never asked for a DRO but I'm apparently getting one as we speak. It sure can't hurt. Don't waste time consulting your do nothing VSO. Go for it. 513-509-8454 or robert.a.mcdonald@va.gov.

Remember, he's the one exhorting us to call him.

clear prop

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