National Veterans Service Officer Time Limit

[add55p]

Does the BVA Veteran Law Judge (VLJ) give the National Veterans Service Office a time limit to complete a written argument on a pending appeal, after the VLJ sends it to the VSO for input?

Thank you..

[Berta]

As I understand it, a POA VSO or vet rep has time to prepare a 646 prior to the formal BVA transfer, from the AOJ VARO..

The 646 can just be a re in -statement of the issues and evidence or sometimes it can be a very strong statement of support.

"after the VLJ sends it to the VSO for input?"

I am unaware of the BVA ever sending anything to a VSO ,before or after they make a decision....except a copy of the decision,once it is made.

The 646 form is here:

.http://www.va.gov/vaforms/va/pdf/VA646.pdf

In this case the veteran's POA rep submitted a 646 prior to BVA transfer.

After BVA remanded the claim, the vet rep sumbitted an additional 646.

http://www.va.gov/vetapp93/files2/9318720.txt

Are you on remand?

Did your rep file a 646 prior to the case going to the BVA?

BVA has mentioned 646s from time to time in their decisions, but most of the time they do not affect the decision unless the rep has provided a very strong argument, that isn't redundant to the veteran's actual appeal..

[add55p]

Bertha

Yes, the VSO at the Regional Office did submit a form 646 prior to the appeal being certified and sent to the BVA.

In the Ebenefits "Appeals Status" screen has columns at the top that shows the current status. Column 3 (Step 3) says claim sent to VSO for written argument to support claim.

It seems that this is a mandatory step unless you do not have a VSO assigned.

After doing some research, I read that VSOs in Washington DC submits written arguments for veterans appeals. the next step, step for is back with the VLJ for a decision, step 5 is pending dispatch, and step 6 is claim file dispatched.

I was just wondering if the National VSO had a deadline (i.e. 30 days, 60 days, etc.) to get it back to the VLJ.

Thank you.

Add

[Berta]

I misunderstood your question....

I only had one personal experience I remember with a 646. My POA sat on the 646 for 6 months and that held up the transfer to the BVA.It was not even prepared by the vet rep I had personally worked with, but by another rep from same POA who worked near the RO office and probably never ever read my appeal.

This is one of many reasons I would never seek a POA rep again.

Then again the large orgs have reps in DC as you said.I had a state rep.

You are right....

"Column 3 (Step 3) says claim sent to VSO for written argument to support claim."

Was there a date on that?

If you have a docket number by now, I am sure the 646 is with the file they transferred to the BVA...

"I was just wondering if the National VSO had a deadline (i.e. 30 days, 60 days, etc.) to get it back to the VLJ."

I am sorry ,I have no idea the National VSO office would know.......hopefully others will chime in on that here.

.

Edited November 20, 2014 by Berta

[add55p]

Berta

Ebenefits shows that it was sent from the VLJ to the National VSO on November 6 for a written argument to support the claim. It is supposed to be sent back to the Veteran Law Judge after the VSO written argument is returned.

Thank you..

Edited November 20, 2014 by add55p

[Gastone]

Berta: Very interesting. Is there any correlation between the 646 and the 90 New & Material Evidence cut off letter from the VARO? My recent readings indicated that approximately 4 months before the actual BVA Hearing is scheduled to take place, the VARO Certifies the appeal and forwards the Claims file to the BVA. Am I right in that the VARO must complete all N&M Evidence reviews before they can Certify the Claim for transfer to the BVA? When is the 646 sent to the Vet's Accredited rep? There is a return by, date box on the 646. It clearly states if not completed and returned by what ever date is specified, the VARO Certification of the appeal could be affected.

Of course there is a legal disclaimer indicating that the completion of the 646 is voluntary as opposed to mandatory. Just my thoughts, I would hope who ever is the VSO Rep, would have already completed and submitted any and all written arguments well before the Appeal Hearings date.

Thanks for your assistance in clarifying these issues.

Semper Fi

Gastone

[add55p]

All

There are six basic phases of an appeal:

• Appeal Pending: You have initiated an appeal, but at this point your case is still with the local VA office that made the decision on your case. If you have questions about your appeal, please contact that office or your representative, if you have one.
• Administrative Case Processing: After BVA receives your case, it is processed and stored in a secure location until it is assigned to a Veterans Law Judge (VLJ) based on your "docket number", which identifies your place in the line of cases to be decided by BVA.
• With VSO:This indicates that your Veterans Service Organization (VSO) representative has your claims file for review.
• With VLJ:This indicates that a Veterans Law Judge has your claims file and will take appropriate action on your appeal.
• Pending Dispatch:This indicates that the Veterans Law Judge made a decision on your appeal, and that BVA will mail the decision to you soon.
• Decision & Claims File Dispatch:This indicates that BVA mailed the decision to you (and your representative, if any) and transferred your case to another location.