Bva Traveling Board

[chiefhouse00]

Greetings

How long does it normally take to get results from a traveling board judge? I meet a BVA Traveling Board on 16 Sep 2014. I haven't heard anything yet.

Best Regards
Chiefhouse

[Matthew Hill]

Regarding time to decision, BVA keeps track of this and publishs it in it the BVA Chairman's annual report. You can find the reports here. When you look at time frames you see the typical shell game of when times are counted. Even though you file a VAF9 to the BVA the case stays at the RO for when you have a hearing. The time that it is at the RO-- two to three years-- is not counted as BVA having the case. BVA says that from the time of physical reciept of the file from the RO to decision is 235 days. The physical receipt language is more trickier in that I've seen it take up to six months for BVA to receive a file. Now that all files should be close to electronic, this delay should be taken out of the picture. So I would say that the average time is 235 days plus a couple of months for BVA to physically receive the file.

[mojo13]

Still waiting chief but now advance to VLJ Alibrando for her decision Congrates

[chiefhouse00]

Greetings

I just received my BVA Decision Package on Friday 5 Jun 2015. DOCKET N0 11-12-911: Six of eight claims were REMANDED back to the Agency of Original Jurisdiction for further development…two claims were closed with no action taken. One of those two claims was for an increase in DMll for regulation of activities and episodes of ketoacidosis or hypoglycemic reactions requiring one or two hospitalizations. The RO denied the DMll claim increase even though the C&P exam (Nov 2014) he ordered check marked the box restricted activities; Tripler Medical Hospital Emergency Center Doctor on Duty annotated "restricted activities" in the release report,and my VA Provider for eight years wrote in her Notes, must comply with “restricted activities, yet the RO found a way to deny the DMll increase in Feb 2015. Everything is well documented. So, I’m confused with the events that have occurred in me trying to get fairness with the VA. What should I do next? Oh, I never received a transcript from my traveling BVA Board conducted in Sept 2014.

Best Regards

Chiefhouse

[mojo13]

Same here chief, remand back too RO on my EED NOD. Its only one item so who knows. My VA decision package look pretty good, the VLJ looked as if she is fighting for me like she did on my appeal which granted me IU. Remand better than a denial. Well let you know how things work out.

[mojo13]

well as I promise got EED back to 10/2010 on IU was asking for 8/2012 extra 12 months and the judge threw in vertigo which was denied back in 10/2011 as a gift ???? never ask for it . Soooo sent in NOD for EED with some paper showed effective date was incorrect and they gave me a better deal. So good luck all its been a 5 year fight but its done and now I will chill. Good luck chief. Never say never don't give up

[john999]

I have had the best luck with claims at the DRO level. Once it gets to BVA, God only knows where it will end up. I had a traveling Board BVA some years ago on a CUE claim. The judge just took our information and the thing was over in 20 minutes. I had a lawyer do my brief. We lost. We appealed to Court of Vet Appeals. It was remanded back to BVA. We went back to Court. We lost. We went to federal court. The would not hear us. Now my lawyer and me are trying a new but related approach. This took 8 years. I started at the RO and went all the way to Federal Court. Once you leave the BVA it is war. Of course, it is war within the VA but benefit of doubt vanishes. Try to get your claim settled at the lowest possible level is my advice.

John