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.

[FormerMember]

Can you believe he gave the Sheriff of Nottingham 45 days (15 before he issued the thirty day letter) to respond? He's a raging anti-Vet liberal who thinks we're all malingering and trying to get Welfare for life. Most times it's 7-14 days to come back with a progress report. You just hang in there girl. It took me a few years to get them to go back to 94, too. It's just too many shekels for them to disgorge willingly even if they're wrong.

clear prop

[broncovet]

I wish it were that simple lotsaspotz. The VA loves to overcomplicate everything. The first BVA decision was a "complete grant of benefit sought".

The second BVA decision acknowledged that I had applied for another benefit (IU) which was never adjuticated in the first BVA decision, but remanded it for a SOC.

Yes, I have also been to the CAVC twice, once to appeal the second BVA decision, and a Writ of Mandamus.

It did not make sense to appeal the first BVA decision as it was "fully favorable".

The writ was denied, but it got VARO off their duff, and I got a favorable decision, tho not fully favorable.

In my CAVC appeal, they offered a JMR (Joint motion for remand, aka a "settlement").

However, the VARO decided to neither full implement the "settlement" from CAVC nor did they fully implement the Board decision.

I have appealed the RO decision which was supposed to implement both the CAVC settlement and the Board decision. However, the RO "implementation" of both the settlement and the Board decision was "top sheeted", where they implemented about 1/3 of it and simply ignored the rest. For example, the Board decision required the RO adjuticate TDIU, and they simply did not do that. I will wait "a little" longer..then its another writ to compel the RO to implement the Board decision and CAVC settlement agreement.

I am considering an "ask Bob" email, as, if you read these 4 decisions (2 board decisions, 1 CAVC settlement, and 1 RO implementation) you will see they conflict with each other.

[lotzaspotz]

Bronco, the part about the RO and BVA ignoring the CAVC's directives sounds a lot like asknod's current writ petition discussed above for the same reason (among other concerns of his). As in Alex's case, it may be time for another writ.

We have nothing left at the RO at the moment. Everything is either at the BVA or the CAVC.

In our case, the JMR wasn't really a settlement, just another opportunity for the BVA to kick the appeal down to the RO again to deny with a whole new set of reasons and bases and an updated C&P exam. You then get caught up in the trap of a current day exam that is supposed to shed light on your condition 20 years before, when a thorough review of the SMR's of the condition as it existed at that time would be more appropriate. I guess they are hoping that my husband suddenly sprouts new parts that were previously removed.

Edited February 2, 2015 by lotzaspotz

[63SIERRA]

a lion cannot kill an elephant in one day, but if he attacks every day for a week, he can take him down.

[Chuck75]

"a lion cannot kill an elephant in one day, but if he attacks every day for a week, he can take him down."

Reminds me of the recent find of a fossilized woolly mammoth bone with the tip of an arrow or spear head embedded in it!

Edited February 2, 2015 by Chuck75

[Devil_Dog]

5 times for me now. WIll be 6 after the remand yesterday from the BVA. Going back to 2000.