Va Appeal To Bva 5 Years Old Without Progress

[jeffperry1134]

This is getting almost comical. I have been in appeals to the BVA since 2010 and they still have not even sent my stuff to the BVA yet. I recently e-mailed Bob McDonald and got a response that they would look into it last week. When I send in an inquiry I get the exact generic same answer each time. Is there any specific legal recourse that I can take to see exactly what is going on?

[Gastone]

What was the date of your BVA Hearing Request? I've never been to the BVA, got my 2010 & 12 DRO Hearings awarded 06/27/14. Hadn't heard anything from VARO from time of 1st NOD 09/10, except for form letters apologizing for taking so long. During the period leading up to my Hearing, I did frequently review BVA Decisions somewhat relating to my issues. As I recall, actual BVA Hearings seemed to be taking upwards of 5 years or so and quite often resulted in Remands to VARO for additional C&Ps Etc.

Your VARO won't send your claim to the BVA until they can Certify the claim as ready for the BVA Hearing. My understandng is, your VARO has to be sure any and all "New & Material Evidence" as well as all other evidence has been completly reviewed and has determined your claim is not awardable at the VARO level. Have you or anyone (Private or VA Dr's) submitted anything that could be viewed as N & M Evidence? VA has a reg regarding receipt of N&M Evidence that requires a VARO Sr Rater or actual DRO to review your entire claim, with deference to the original Rater's decision that your appealing. If the VAROs receipt of N & M Evidence doesn't result in an award, you will receive a Supplemental Statement of Case.

Taking the above into consideration, your Form 9 being received early 2010 puts you right at 5 year mark, give or take a few months. Any N&M Evidence submitted would add to your wait time, I think. All VSOs have a main office at your VARO. Are you represented? Even if your not, call 1 of the VSO's main office and get a meeting setup with the "Most Senior Rep" available. I've found that the VSO main office staff are usually the more Senior and knowledgeable of the Reps. Their computer access is greater than the field reps. Quite possibly you'll find a retired VARO Rater now working as a VSOR, with contacts in the VARO Rating Dept that might be a fountain of knowledge. I know I did. The VSO Rep that accompanied me to my DRO Hearing, was a 12yr DRO before retiring.

Semper Fi

Gastone

[Berta]

Make sure if you have a POA that the VSO isnt lollygagging on the preparation of a 646.

Waiting for a 646 adds time to any BVA transfer.

[Fat]

This is totally ridiculous.

The veteran appeals for the case to be sent to Washington, D.C. (VBA) and it takes over five years.

That is unsatisfactory and the worker should immediately have to answer why it takes so long.

If the worker was thorough thru the process, he/she would immediately be able to distinguish new and material evidence.

This worker owes this veteran an explanation.

Five years is two long.

The case will have to be docketed once it reaches the BVA, but five years is to long for the case not to be sent.

[Navy04]

Sorry to hear of your claim troubles. I wish you the best and God Bless!!! Keep us posted

[TiredCoastie]

I have to agree with Fat. Five years is about five years too long to transfer your appeal to the BVA.

Gastone suggested getting after the VSO/NSO. That can work if you have a POA with a VSO. I had to track down someone at the VSO's headquarters once to get NSO out of idle. Like Berta said, these people can really hold things up. Actually, because of VSOs general history in making things worse than better, I don't have one anymore. If they were all like my very first one, none of us would go without one. Not so, unfortunately.

At this point, you might also try your senior US senator's office unless one of your senators or your congressman sits on one of the veterans oversight committees, then whomever that is would be the right one. Usually, I'm not one to recommend this option because too often you get the help of some kid in the local office who writes a letter, but if someone will engage on your behalf, you might finally get the traction you should have had years ago.

[63SIERRA]

This is totally ridiculous.

The veteran appeals for the case to be sent to Washington, D.C. (VBA) and it takes over five years.

That is unsatisfactory and the worker should immediately have to answer why it takes so long.

If the worker was thorough thru the process, he/she would immediately be able to distinguish new and material evidence.

This worker owes this veteran an explanation.

Five years is two long.

The case will have to be docketed once it reaches the BVA, but five years is to long for the case not to be sent.

there is a reason this claim is getting put to the side.