How Many Times Have You Appealed To The Bva With The Same Docket Number?

[lotzaspotz]

My husband has appeals pending that were first filed in 1994. Along the way, several were granted by the BVA, many were remanded only to result in the RO either not following up with yet another C & P exam for a couple of years each time, or not answering the BVA's questions, which resulted in numerous repeated remands for the same issues. We've also been to the CAVC after BVA denials, which resulted in remands for the same issues, and then after that, got caught up yet again in the previously described hamster wheel. This got me to wondering how many times we've been to the BVA with the same issues covered in the same Docket number. For us it was TEN TIMES since the first BVA decision in 2001, and we're still at it.

Just wondering about everyone else's experiences.

[broncovet]

I have only been to the BVA twice, but the BVA decisions conflicted each other and it has never been resolved.

[lotzaspotz]

Broncovet, nothing you could appeal to the CAVC? Or are you still waiting for a CAVC decision? The BVA has to do something eventually. How did the BVA reconcile the discrepancy?

Did you argue the benefit of the doubt going to you?

Edited February 1, 2015 by lotzaspotz

[Gastone]

LOTZA: Still jerking around with the BVA since 94? Is there a pile of Retro $$s at the end of your train ride? After all this time, am I correct in assuming (bad thing to do) that you have availed yourself of a few (3) or more VA Accredited Appeals Attorney's opinions? If the Retro Blood is in the water, the Law Sharks will beat down your door. At the very least, 3 free legal consults might give you a plan of attack, it did for me. I never had to use the BVA but after 3 legal consults, I felt confident with my 06/14 DRO Hearing. All major $$ issues from 10 & 12 NODs awarded. Two of the National Law Firms wanted me to cancel the DRO and let them proceed to the BVA. The 1 local VA Attorney agreed with me on the DRO. I didn't sign with her but had I lost, she would have been my choice for Rep at BVA. Legal consults took place 02/14, DRO Hearing notification 05/4/14. Close to 4 years or so from 2010 NOD, BVA would have been at least another yr or so. You definitely have to pack a lunch when appealing a claim.

Semper Fi

Gastone

[lotzaspotz]

Gastone, no kidding!

My husband is 100% scheduler rated effective February 1997, a recent decision changed from an effective date of August 2003, which we had to fight years to get, bit by bit. Our issue is he should have been rated such from initial date of claim back in 1994. So we've been entrenched in that disagreement for quite awhile now. Remember the limitations on attorney representation on issues appealed prior to 2007 until you reached the CAVC, so that affected us too. We filed a writ petition to blast it out of the AMC at one point, which worked, but ended up back at the CAVC, and then back to the BVA, etc. See what I mean?

Anytime we reached the CAVC, we did so with attorney representation. I don't believe in going there pro se. I also haven't had any luck with the DRO process down here. Waste of time, cut and paste denials all over again. As Berta says, the RO can't read. However, I believe in many cases, the BVA can't read, either. I talked to Ron a few years ago at NVLSP. They were not interested, and to tell you the truth, it's difficult to expect anyone else to have the same level of interest as I did in our situation, so I did understand that they have more significant precedent-setting cases to represent.

[FormerMember]

If they keep hamstering you, it may be time for another Writ-most especially if you've been up the ladder to the CAVC already. I'm doing my very best poltergeist imitation (Heeeeee's Baaaaaaaaaaack) there as we speak. #15-112.

[lotzaspotz]

With the same judge as my husband's been assigned, too. Judge Davis. 14-87. A lot of cases that are not writ petitions with numbers assigned long after my husband's have already been heard. Each judge works at his or her own pace I guess, but Judge Davis was assigned last October. Thinking it should be anytime now. Good luck to you Alex. It's a whopper of a writ petition.