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?

[TiredCoastie]

Congrats thats fantastic. How long ago did you file your appeal?

Thanks! I filed the NOD in late Dec 2013, but it wasn't accepted until June 2014. SOC was issued in Sep and I filed the Form 9 in mid-Nov. So this is somethink akin to light speed...if it's real.

[TiredCoastie]

Congratulations!!! We all know that it's been a long time coming! But perseverance and due diligence always pay off in the end!!!

Thanks, but have you heard anything yet??? There's still nothing in the mail here and all I've got to go on is the benefit verification letter/AB8. Praying you'll get some good news soon.

[FLTMEDOPS]

Still on some raters desk as of last week. Just going to be patient. News on your claim gave me some hope as I am very happy for your success!

[paulcolrain]

THATS GREAT NEWS COASTIE !!!!!!! IM VERY HAPPY FOR YOU !!!!!!! IM STILL GETTING THE BOUNCING BALL ANSWERS FOR WHAT IS GOING WITH MINE. DECISION 2/05/2015 AND NO RESPONSES

[TiredCoastie]

THATS GREAT NEWS COASTIE !!!!!!! IM VERY HAPPY FOR YOU !!!!!!! IM STILL GETTING THE BOUNCING BALL ANSWERS FOR WHAT IS GOING WITH MINE. DECISION 2/05/2015 AND NO RESPONSES

That's unsat! Hopefully you'll get some better definition soon on what's going on with your appeal. Sounds like some is here, some is there, and hopefully no parts hiding.

[TiredCoastie]

Got the Big White Envelope in the mail yesterday --- I won on both contentions! I haven't digested everything in there yet, but it seems like a DRO re-reviewed the appeal before it left the RO after receiving my Form 9. The DRO reversed both decisions in the SOC that I continued to appeal. I was granted SC for my TIAs, rated at 10%, and my migraines were increased to 50%.

My biggest concern from what I've read and understood so far is that it does not appear that I was retro'd 100% for 6 months following the TIA that they acknowledged during the year after I separated, but that TIA happened before I filed the initial claim for TIAs so maybe it didn't count for retro? I had another one after I filed the initial claim, and that one probably should have generated 100% for 6 months. So I need to think this through for maybe another NOD.

Because it was a DRO decision, the process to appeal starts with a NOD back to the 'RO.

I can't thank the folks here on hadit enough for helping me through this appeal process and helping me with my Form 9 to make sure I got it right. It must have made an impact!