Bva Closed My Appeal - That I Just Filed?

[TiredCoastie]

At this point, I'm hoping that there must be some mistake within the 'tron factory that operates eBenefits. At least I'm hoping beyond hope that's the case but have a bad feeling about this. Anyone else have this kind of scare?

My C-file and appeal have been sitting at our local RO waiting to transfer to the BVA. So I've been patiently watching it do nothing for the last couple of months, even after getting a phone call from the RO telling me that they were about to transfer it maybe a month ago.

This morning, eBenefits showed no motion, like usual.

Tonight, when I logged on to check, I found that the appeal has been closed by the BVA, jumping straight to the "Decision & Claims File Dispatch" phase (over stuff like "With the VLJ") with the following note:

Your case has been received at BVA, and BVA has mailed your decision to you (and your representative, if any) and will be returning your claims file to the VA Medical Center. Please note that transit times vary, and there may be some lag time between when BVA forwards your claims file to its appropriate location and when that location receives it.

Huh? My Form 9 was submitted in mid-November 2014. This ISN'T the years of waiting everyone else is talking about. There must be a problem.

AB8 shows no change to my combined rating.

I've emailed the BVA Ombudsman asking for their assistance (thanks, Berta, for keeping that contact info in the forefront).

Is this some sort of mistake? Why would the BVA return my claim file to the VAMC, not the RO? Could the BVA have decided that not enough information had been gathered by the RO to make a decision either way? But why close the appeal, if that's the case?

Could it be that the RO's mistake was so blaringly obvious that it was remanded immediately upon opening? Or is my appeal that screwed up? Or is this just another eBenefit's hiccup?

[john999]

Maybe the BVA ordered another pension exam, but then they should have returned it to your VARO I think. This is weird and makes no sense to me. Maybe ombudsman can shed light on this. I never heard of BVA making a decision in 2 months

[TiredCoastie]

Yeah, and it's not like they even had it for two months. The max the BVA could have had it is maybe a month, but that assumes that eBenefits didn't update which is certainly possible. Thanks, John!

[Gastone]

Coastie: As always, I could be wrong, FDI! The VA just doesn't move that fast or at least they never have. I think 1 of the worst things you can do, for your own mental health, is to rely on E-Ben or any of the VA 800 numbers. All the way up to my 2010 NOD DRO Hearing 06/14, I could never get any meaningful information on my claim from anyone at the VA or VSO. Just be 100% sure all your evidence is in the VA's hot hands. If in doubt, send it in again.

This may or may not be worth something. Around 01/14 I'm getting my shorts in a knot regarding the 1st of 2 NOD's hearing date. all I was getting was the VA Form Letter, sorry taking so long we're working on it BS. So I'm rereading the VA DRO's manual for the 3rd or 8th time, and I see where a DRO can request an "INformal Conference" with the Vet or his Rep to discuss evidence. Good for the DRO, why not me? I file a formal Request for the "Informal Conference" the following day. Got my Rtn Recp from US Mail and never really heard anything else, right up till 05/5?/14, got VA letter saying my Official Hearing was scheduled for 6/27 at 8:00am. At the Hearing, I asked the DRO was the Hearing for my 2010 or 2012 NOD or in response to my request for the "Informal Conference?" He said it was up to me, I was on deck for the 2010 NOD but if I wanted we could do the informal. I opted for Inormal and he cleared both NODs in 35 min. I left knowing he had awarded all major $$ issues from both NODs including IU. After he said he was awarding everything, I never asked if my request for the Informal Conference helped push my hearing or not.

Semper Fi

Gastone

[TiredCoastie]

Thanks, Gastone. You've got a good idea. I'm not sure where my appeal(s) rest(s) right now, so not sure I'm in a position to try the informal hearing approach. But your comment on eBenefits and the 800# are in the forefront of my mind. My hope is that it's just an error of some sort that will clear up tomorrow after the workday starts in DC.

Meanwhile, my brain's limping along at a mile a minute --

Is it possible that in consultation between the BVA and the RO, could the appeal been closed because I had dueling NODs in the system?

The first NOD became the appeal but the second got dropped out of the system. I appealed two different SC/rating decisions on the same contentions. The following post was me looking for advice as to what to do:

Could it be that because the RO did not consider the second NOD, but may make a different decision having reviewed the arguments and contents, which were maybe more refined than the initial NOD, that the initial appeal is being dropped in lieu of a second look at the RO-level triggered by my insistence to at least acknowledge the second NOD?

For the record, if there is a big mix-up with my appeal(s), it's the fault of the VSO who insisted I needed to file a "request for reconsideration" claim instead of appeal each and every problem with the decision right off.

[Gastone]

That "Request for Reconsideration" has been whooped like a rented mule. No such step exists at the VARO level, so it's basically a hope and a prayer type try to get the original rater to rethink his original decision, good luck on that. Never really seen any stats on the success of that move. Might work on a minor miss by the Rater but doubt it works on anything else. The real problem seems to be it gives the Vet a false since of being proactive. I think 1 Vet posted on HADIT, she was worried about Filing her husband's NOD, fearing it would derail her "Request for Reconsideration." I think she was at the end of the 11th month of the NOD filing window. Have to look back and see how she did. Her VSO really gave her some BUM Appeal info.

Semper Fi

Gastone

[Buck52]

The VA is required to send out a letter letting the veteran know they got their claim letter or evidence letter within 2 -3 weeks what ever you send them!

Although most of us do get a sign return receipt, ...I Make copies of every thing I send and I resend it if I don't hear from them in 3 weeks the second time I sent I did hear from them then letting me know they got it..... but I did make more copies.

I don't know if that helps a veteran? but it helped me.