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Appeal Stuck At The Ro Since 2009

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jeffperry1134

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Does anyone have an idea how long it should take to go from the RO to the BVA in the Appeals process? All of the paperwork has been done and the forms have been completed by the BVA since 2010. I called the BVA and they said that they don't have it and I try to call the RO office and after 30 minutes through the automation I get hung up on and told to call back later. I sent an e-mail to the VBA through ebenefits 3 weeks ago with no response as of yet. Does anyone have any ideas on what I could do? It is getting very frustrating and I am having problems with my medicine and stability.

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Jeff: I've never been to BVA, got 2 NOD DRO hearing settled 06/27/14. Just started getting educated regarding BVA due to (2) Vets I talk to on a regular basis that have appeals with BVA pending. With that said, my research indicates that your BVA appeal C-Claim File remains at your VARO that has jurisdiction on your claim up to approx. 4 months before your BVA Review is scheduled to be heard. Have you received notification from VA that your Appeal has been Certified and a BVA Docket Number has been assigned? Have you sent any "New & Material" evidence to the VA since filing your NOD requesting the BVA route? If so, each time you send the "N&M" evidence in, your VARO is supposed to review your file to see if the "N&M" evidence changes their Decision. After this review, a "Supplemental Statement of Case,) is prepared and sent to you and your Representative. I think iether at the time of your case being forwarded at the "4 month before Hearing," your suppose to receive a "90 day New Evidence Cut Off" letter. What VBA Appeals letters have you received to date?

Get your VSO Main Office Appeals Specialist at your VARO, to walk down the hall and talk to the Rating Department, Good Luck using any of the 800 #s or E-mail. Check the VA BVA 2014 decisions if you really want to get a downer. I checked it recently, nothing has changed, decisions indicate not unusual for appeals being heard after waiting in excess of 5 years. Then you have the Remand problem. If you, your Rep or the VA didn't get all info and evidence for the VBA Attorney to make a decision, your boned again. The clock keeps ticking, Thank God for Reto Pay!

Semper Fi

Gastone

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Yes, try the IRIS method and if you dont get an adequate IRIS response , file another IRIS using the pop down Complaint box.

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I think the 5-6 year BVA is going to be the norm, soon. I mean, gee, it was already 4.25 years and now, they denied a bunch more claims to make the backlog look better, so where do you think those denials go? Thats right, after a DRO review, its on to the BVA. Delay, deny, and wait till we die is the unwritten principal that the VA so sucessfully implements.

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My claim has been at the RO with docket member for five plus years!! Waiting on a hearing from the honorable Michael D. Lyon. The post yesterday by first class petty office said to go down too RO. I took papers from Michael D. Lyon saying that my claims should be handle in a affordable expeditious treatment over two and a half years ago. I was all smiles and they went all out to help me because my name was not on the list for hearing's. They went down the hall and got the guy who schedule hearing's, that guy said WOW you have been waiting for five years. He put me on the next hearing list as a stand by for this Nov 14. He said someone always cancel but if not the next one is Jan/Feb. We put it all on paper dated with time. Wow Lady's and Gentlemen. I thank this is it just like that,my day in Court

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You would be surprised how many fail to show for their hearings. Most do not call in advance and free it up for another. The Vet following me in April 2011 Travel Board hearing was a no show. The gal stuck her head in and told the Judge (Mark D. Hindin). He allowed me to continue and my hearing ended up lasting an hour and forty three minutes. It didn't help as I lost there but I did get a lot of evidence submitted from Air America FOIA that was instrumental in prevailing at the CAVC. If it were me, I'd beg to sit on the Group W (wait) bench on Travel Board Hearing Days as a "space-A" just in case. But hey. that might speed up VA justice and actually work.

Coming out hot

Edited by asknod
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