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?

[paulcolrain]

im having very similar issues. my claims are from 2011. i have 3 different appeals. two of these appeals were certified on September 9 2014 and the 3rd was certified febuary 4 2015.

according to ebenefits,, 2 of my 3 were looked at on febuary 4 and decided and dispatched and claims folder was being sent to VAMC. the 3rd was sent directly to a VLJ on that same date. for all three appeals i requested a hearing at D.C. BVA but according to ebenefits 2 have been decided . so ,, i call peggy yesterday,,, says yes BVA made a Decisions and has sent you there decision.HAVNT GOTTEN YET...also says that some cases are decided without giving hearing but the 3rd will give you a hearing. then today i called the BVA 202 number and they told me no,, they merged all appeals into one. i go to mail and had a small letter saying that the bva has recieved my 3rd appeal and it is with a VLJ and i will be hearing back from them... WOW!!!!!! who is right ?????

[Chuck75]

I'd likely believe the BVA number over "Peggy".

That said, only the BVA knows!

[TiredCoastie]

Thanks, Paul. Hoping you get a good outcome no matter how it falls out. All this seems to be just plain bizzare. In my case, there does not appear to be an appeal before a VLJ. I contacted the BVA via IRIS and got an immediate response that the decision had been made at the RO. But it sounds like you got the same I did - the BVA has made a decision and dispatched our C-files to the VAMC of all places.

I haven't seen anything in the mail since the BVA made the decision - if they made a decision. And there has been no change in eBenefits. The appeals page still shows the same status and message and the AB8 letter still shows the same as it did before.

Ketchup maybe right in my case - at least I sure hope so! Some senior rater somwhere in the RO made a recommendation to reverse the decisions to deny in the SOC just before transmitting the C-file and appeal to the BVA. Otherwise, the appeal would have continued if there was still a difference between the appeal and the RO's decisions. But that could also just be a huge dose of wishful thinking on my part. Hopefully at least some of what you appeal has been granted as well, at least under this theory.

It seems like there is some sort of new procedure in place to screen appeals before they get transmitted up to DC or once those appeals get there to decide the easy ones. You're the third vet, Paul, including myself who's had a similar experience that I've seen on HadIt. There had to be something done. The VA has shifted the stack of C-files from the ROs to the BVA. Everyone who's checked has found that wait times at the BVA are longer than ever. While public focus has been on reducing the number of claims at the RO level, which seems to have picked back up again naton-wide after stopping in October...

BT

JUST got an IRIS response from the RO as I was typing the above. They say they have my appeal and C-file and are reviewing the decision at this time. Stand by...

[TiredCoastie]

Sorry to leave in the middle of question...there were more issues in the IRIS reponse beyond the appeal and one needed immediate attention.

Is there a new procedure to take either a quick look at the BVA for "easy" grants or a last look at the RO for expected losses in order to clear the growing appeals backlog?

It seems like the overall number of claims on hand nationwide is falling again having slowed considerably between October 1st and the Christmas holiday season. But as we've discussed here on HadIt, the wait times at the BVA have increased as the claim backlog has dropped. What's happened to some extent is that the backlog just transferred from the ROs to the BVA. At some point, something has to be done. Is this it?

[FLTMEDOPS]

Hey been off the site for a while. Came across this post. I am in the same boat. E benefits told me the same thing along with Iris and Peggy. I guess at this point we have to wait and see what comes in the mail. I pray for us all that it is good news! I will keep you posted. BTW BVA told me that my claim never made it to them and what ever decision was made it was at the RO.

[paulcolrain]

i think that is whats happening tredcoastie...im out of the d=san diego office and there claims have dropped aswell. ALSO an update on mine,, just got confirmation from 202 BVA # that yes, it looks as my 2 were decided because there is no way for ebenefits to show that they merged them into just 1 appeal. so she looked them up and yes i have 1 appeal with 4 issues instead of having 3 appeals at same time. thats why peggy says a decision was made but peggy is wrong to say that. yes a decision was made to merge all appeals into 1... anyway now i wait for the hearing. good news is i got a docket number and a 90 letter.