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..

[FormerMember]

<<<<<<<<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. >>>>>>

This is a physical impossibility, sir. The c-file must be present for viewing at the hearing. The hearing takes place at the ...VARO. Ergo, the c-file must co-exist with the VLJ. Following the hearing, the c-file has a Form 8 inserted declaring it "certified" and off it goes via USPS to 810 Vermin Ave. NW. I had an appeal in 1992 that sat on a VSO Team's desk for six months because it was forgotten. And a head's up. The VSOs use Tag teams at the BVA. Last I checked there were eight VSO teams composed of multiple members (3-4) of the Big Six VSOs working in tandem on claims. No single organization has it's own unique team comprised solely of their own service officers doing your appeal. Sadly, they can hold on to the file for as long as they want to as well.

I might add a PS to say that with VBMS, the file can actually exist in two places at once but VSOs are notorious for wanting it there at the RO during the hearing to refer to. This has the added disadvantage in a paper c-file situation of depriving the VLJ from viewing it first hand in a videoconference setting.

Edited November 20, 2014 by asknod

[add55p]

All

In my case, the appeal went from Admiistrative Case Processing to the VLJ and then to the VSO, where it is now.

Any guess how long the VSO will have it before sending it back to the VLJ?

Thank you..

Add

[add55p]

ASKNOD

There was not a hearing requested, scheduled or conducted on this appeal. After languishing at the RO for years, it was called up by BVA where the above action that I mention has taken place and currently pending.

You answered my question by indicating that the BVA level VSO can hold the claim as long as they wish. That truly is unfortunate, especially, when we are placing all of the delay blame on the Department of Veterans Affairs!!

Thank you..

Add

[FormerMember]

Roger on the hearing. If you didn't sign a Waiver of Review in the First Instance with the BVA, you claim will be in danger of a remand back to the VARO if there is any legal error or the C&P exam is out of date. This happens sometimes when there is an appreciable delay from VARO to BVA. Signing a Waiver keeps it in DC and the AMC can control the remand instructions remotely from DC. With a VSO repping you, we in good conscience should not be advising you to take actions contrary to your or their best efforts but then, what the hell. I haven't met more than twenty Service Officers over the years that could actually file and win a claim. You probably have better odds on winning the Lotto or doing the claim yourself. Sounds like you at least know something about the process.

[Gastone]

Ask: When does the VARO Certify the appeal and send the C-File to the BVA in DC? I think you were referring to a Travel Board hearing at the VAR0, as far as the C-File remaining at the VARO for the BVA Hearing, right? VLJ at the VARO is the Travel Board Hearing, right?

As i recall from past posts, your not really a proponent of the DRO Hearing "official or Informal" process. Add55 and a large number of 2014 BVA Hearings seem to have been waiting many years for their Hearings to take place. Remands seem to be quite common. Attempting to get the Denial adjudicated at the VARO level with a DRO Hearing certainly can't add much more time to their appeal.

Semper Fi

Gastone

[add55p]

Gaston

The appeal is at the BVA not the Regional Office. A hearing was not requested or scheduled at the RO.

I am not referring to a Traveling Veteran Law Judge. I am speaking of the VLJ at BAV Washington, DC.

After the appeal went through the Case Admin process, the status changed to at the Veteran Law Judge, a few days later the status changed to "at VSO in Washington, DC for review and written Argument, Per the Appeals Status in EBENEFITS.

Any guesses?

Thank you..

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