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Bva Closed My Appeal - That I Just Filed?

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TiredCoastie

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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?

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No I never got anything from BVA. When I spoke with BVA they informed me that my file and appeal were still at the RO. Also if any decision were made it was done at the RO level. This is totally different from what was on E benefits. I received the same information as you. Decision made at the BVA.

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FLTME: Set your direct deposit Bank or CU Account to Txt & Email You regarding Deposits and withdrawals. You'll get the Retro well in advance of the official VA Award Letter. I knew at 7:30 am the day after the Retro hit in the late PM. Think it was 4+ days or more before actually received Award Envelope.

Semper Fi

Gastone

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a big question i have is,, since we are all getting answers saying that decisions have been made but as of date we do not have any paperwork but yet we have a date of the decision.,, when does the 120days time limit to file to a higher court start and or the 30 days time limit to file for an MFR motion for reconsideration to the BVA... as of mine no one is certian of the decision just all certain that a decision was made on february 5 2015... but, no one wants to send me that in writing

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b. Appealing BVA Decisions

Under 38 U.S.C. 7266, an individual is allowed 120 days to appeal a final decision made by BVA to CAVC.

An appellant must file a notice of appeal (NOA) in writing with the Clerk of the Court prior to expiration of the 120-day time limit unless he/she

· furnishes good cause as to why the NOA cannot be filed timely, or

· files a motion for reconsideration (MFR) with BVA.

Reference: For more information on filing an MFR with BVA, see M21-1MR, Part I, 5.G.33.c.

Continued on next

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a big question i have is,, since we are all getting answers saying that decisions have been made but as of date we do not have any paperwork but yet we have a date of the decision.,, when does the 120days time limit to file to a higher court start and or the 30 days time limit to file for an MFR motion for reconsideration to the BVA... as of mine no one is certian of the decision just all certain that a decision was made on february 5 2015... but, no one wants to send me that in writing

Oh, GREAT question, Paul! First of all, hopefully these are all grants so we're not having to appeal a decision. Otherwise, wouldn't the system continue the appeal through the process for a formal decision or denial by the BVA, not what we're experiencing or seem to be from what the system is telling us? But without a firm answer, that's just wishful thinking. "Hope is a not a strategy" at least when it comes to working through the veterans claims process.

One piece that I'm holding on to here is that at least for FLTMEDOPS and myself, it doesn't seem like the BVA actually made our decisions at least from what BVA has told us individually despite what eBenefits says. Our decisions were apparently made by the ROs according to what we've been told. Maybe that's your situation as well with anything that was decided before or when your appeals were rolled up? So if the BVA didn't make the decisions on the contentions, would the 120 day rule apply? Wouldn't that mean another NOD rather than a MFR or CAVC filing? Do you think any of your contentions were decided before or when your appeals were combined? You've got four issues in one big docketed appeal, right? Is that the same number of issues you appealed via your three Form 9s?

Second piece is that without sending us documents stating the decisions, none of us have the ability appeal them, and that would be item number 1 on any secondary appeal I file. So the appeal period should rest in limbo. Isn't there a provision somewhere for the claim at the RO level that is never decided that would be something like this? The postmark on the BBE or BWE will be part of my package if I have to appeal the appeal. It would be a bit of a battle, but I think we'd win.

It's hard to really say either way on any of this, though, without some sort of decision document that arrives by mail. Really more questions than answers on top of lots of speculation. Would really much rather have something solid to work with. :blink:

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