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?

[jeffperry1134]

I went and saw the Veteran's Benefits Rep at the hospital yesterday since I was already there getting an impromptu drug test to get my medications. He looked up my case and said it has been moved to ready for a decision and that I should hear something from them pretty soon. I wonder if the e-mail to Bob McDonald a few weeks ago had anything to do with it finally moving to a new phase. When he saw it had been 5 years since I had appealed to the BVA he said he was kind of baffled it took so long. My advocate called me later yesterday to tell me not to get too excited because it still could take another six months or longer. She said Indianapolis RO is notorious for being so slow.

[Chuck75]

I went and saw the Veteran's Benefits Rep at the hospital yesterday since I was already there getting an impromptu drug test to get my medications. He looked up my case and said it has been moved to ready for a decision and that I should hear something from them pretty soon. I wonder if the e-mail to Bob McDonald a few weeks ago had anything to do with it finally moving to a new phase. When he saw it had been 5 years since I had appealed to the BVA he said he was kind of baffled it took so long. My advocate called me later yesterday to tell me not to get too excited because it still could take another six months or longer. She said Indianapolis RO is notorious for being so slow.

At least the "bob" option generates action! That alone is an improvement! I'd suspect that you will see the VARO do something, and then go from there.

The something can be almost anything. Send to BVA, or perhaps administratively grant. Wait and see is your current mode.

[TiredCoastie]

I went and saw the Veteran's Benefits Rep at the hospital yesterday since I was already there getting an impromptu drug test to get my medications. He looked up my case and said it has been moved to ready for a decision and that I should hear something from them pretty soon. I wonder if the e-mail to Bob McDonald a few weeks ago had anything to do with it finally moving to a new phase. When he saw it had been 5 years since I had appealed to the BVA he said he was kind of baffled it took so long. My advocate called me later yesterday to tell me not to get too excited because it still could take another six months or longer. She said Indianapolis RO is notorious for being so slow.

That's just crazy. A few of us are wondering what's going on with our appeals that were not transferred to the BVA but suddenly decided at the RO level after we sent in our Form 9s. But your appeal has been sitting at the RO waiting for transfer for five years, not a few months. Seems like there is a push to move some of these appeals quickly, so hopefully you'll get an answer sooner than later.

The sad thing is that once you win this thing, and you get your retro, the VA will declare you one more happy customer well served, because justice delayed certainly cannot be justice denied if you get paid what you were always due in the end. Like Fat said, where's the explanation or apology?

[Chuck75]

That's just crazy. A few of us are wondering what's going on with our appeals that were not transferred to the BVA but suddenly decided at the RO level after we sent in our Form 9s. But your appeal has been sitting at the RO waiting for transfer for five years, not a few months. Seems like there is a push to move some of these appeals quickly, so hopefully you'll get an answer sooner than later.

The sad thing is that once you win this thing, and you get your retro, the VA will declare you one more happy customer well served, because justice delayed certainly cannot be justice denied if you get paid what you were always due in the end. Like Fat said, where's the explanation or apology?

The RO has an interest in making the correct decision locally when upper management gets involved. If it goes to BVA and the BVA decision is favorable to the veteran, it will likely go back to the VARO anyway.

I'd suspect that needless BVA hearings that are the result of obvious errors by the RO are not looked upon lightly by the current upper management.

Edited February 21, 2015 by Chuck75

[ketchup56]

When I filed my form 9 I requested a no hearing option and within a week my appeal was certified to bva and docket number established. Once at bva you can always submit additional evidence with a waiver of aoj consideration up until your case is heard. Once my files were at bva within 2 months bva remanded for my ssa records. Had the varo secured those records as I requested one year prior to sending to bva my final decision would have came a lot sooner than it did. My theory is not to fart around requesting unnecessary hearings if you think you can win at bva. If anything is out of place with your claim on Varo part you'll be remanded anyway.Most of us who have been there know this all so well. Get it to bva as soon as possible because the decision usally gets more convoluted the longer it sits at the varo for additional soc's/ssoc's. JMHO from my experience.

[TiredCoastie]

The RO has an interest in making the correct decision locally when upper management gets involved. If it goes to BVA and the BVA decision is favorable to the veteran, it will likely go back to the VARO anyway.

I's suspect that needless BVA hearings that are the result of obvious errors by the RO are not looked upon lightly by the current upper management.

Thanks, Chuck. Maybe that's what's going on at least in this handful of cases and maybe Jeff's too. Hopefully that means that many of us will see some better outcomes sooner.