Certified Claim Languishing At Varo

[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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[Berta]

On number 2, there is a time limit to submitting new evidence at the regional level.

On number 5, 2 years seems to be the average.

Number 6. as they prepare the I-8 they could catch an error or something to substantiate the claim.

BUT I would not count on that at all, however.

"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 you have a vet rep, it is possible the certified claim is lanquishing on a vet rep's desk awaiting them to prepare a 646.

If I were you I would IRIS the VA and ask them why it has not been sent to the BVA yet.

I assume your mailing address has not changed in the past few years ....and that you have not received any formal receipt of the claim from the BVA?

IRIS- go to www.va.gov, and clock on the Contact Us thing and then on the Ask a Question thing and ask what the hold up is.

I suggest always to get email response from IRIS. By phone they can make stuff up.

(Please note ......This reply might not make sense as others had replied very well to you----if the VA had not considered Probative evidence, I would have asked them to CUE themselves, info on that here....
but something I caught after I wrote the above reply......

"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.."

If the BVA gave it a docket number, then it should be at the BVA.
VAROs dont determine docket numbers.


"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. "

Have you tried contacting the BVA ombudsman?....They have an email addy so you get a email reply. The VA can make stuff up on the phone.

This is the main BVA phone number:
1- 202- 565- 5436

Also this is the email for the BVA ombudsman:

bva.ombudsman@va.gov

[Gastone]

ADD: Discussing another vet's appeal today at our biweekly PTSD unofficial group meeting. He got boned by VSO that filed his DRO Review but neglected to mention that a personal hearing was requested. He is now waiting for a BVA Video hearing. Just got a letter confirming the Video Hearing and advising himethat his case has been sent to the BVA for Docketing. The question regarding "New & Material Evidence" cut off period came up. I have never been involved in a BVA Appeal so I wasn't really sure. Did some online research later and came across BVA Appeal article. I would hope Berta and/or Asknod could opine regarding the following: the article stated that your C-File stays at your VARO even after you have been notified that your claim is going to the BVA to be assigned a Docket Number. Approximately 4 months before your scheduled BVA Hearing, your C-File is then sent to the BVA for review prior to your hearing date. Regarding the "New & Material Evidence" cut off, the letter from the VA about the BVA docketing supposedly contains a statement indicating that you only have 60 days to submit evidence for consideration by the BVA.

You said that your claim has been certified and a Docket number assigned? This may be over simplification but have you checked the BVA Appeals for 2014? What are the docket numbers and age of claims getting adjudicated? Check it out, might get some insight. It's been a few years since I spent any real rime on reviewing BVA Appeals but as I recall, a lot of Remands and very old Appeals.

Semper Fi

Gastone

[add55p]

Berta

In regards to the 646. I beleive the VSO has already completed the 646 because the claim has been assigned a BVA docket number.

I have sent an IRIS and am on my 4th woeking day of the 5 working day wait for a response from VA. I am waiting to see what response the regional office gives me for why my substantive appeal has been at VARO for over 1500 days-

I also agree that if it has a docket number assigned by the BVA, why is it still being handled by the local RO and why the BVA is telling me to contact the regional office..

Last week I called the BVA number that you list above, but have not emailed the Obusman. I will email the Obudsman if the response to my IRIS is unacceptable.

BreaK

Gastone

Yes, my claim has been certified to BVA and I have a docket number. Also, yes, I have reviewed the docket number in the BVA decision site and there are litterally hundreds of appeals with docket number with later dates that mine..

Thank you both for your resplies..

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