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?

[broncovet]

I would like to tell you 5 year delay is unusual, but it isnt. Asknod recently got back benefits to 1994..that is 20 years. I finally started to "make some progress" on a claim originally filed in 2002..that is 13 years.

At 5 years, you are still a newbie. And, 20 years is not the oldest. There are claims much, much longer than 20 years. Frustrating? Yes. Should you do something about it? Yes.

Berta hit on something I noticed. She called it VSO "lolygagging on the 646". Your VSO can easily sit on this thing for 2 years or more. Never forget your VSO charter which requires the VSO to "cooperate with VA". This includes delaying your claim for years.

My (former VSO) sat on my 646 for 2 years. Back then, it was listed on ebenefits in a process called "with VSO". When I finally got mad and called the VSO, he said that it did not make any difference how long the VSO had the claim, that it was docketed, and waiting on BVA anyway, so it did not matter when the VSO got my 646 done. I later figured out this is not true, that VSO's are often an integral part of the delay process. Keep saying this to yourself and you will get it: When you give your VSO your POA, he is sworn to cooperate with your opponent. No kidding.

Edited March 2, 2015 by broncovet

[jeffperry1134]

Well, I called my rep twice today without response, but that is not uncommon on Mondays. I know she gets bombarded from many other vets. She usually calls back the next day. I called the VA and spoke with a rep who confirmed that my increase to 70% was true but it was not official yet. I asked about why only going back to 2011 on back pay and he tried to say that I was in better shape back then and it was not the case so he said I could appeal that part of the case. He said I could submit my psych eval from 2004 and maybe a summarized letter from my therapist that treated me from 2005-2013. The VA's phone system is crazy. It told me a 20 minute wait time and it was 1 hour and 15 minutes. Hopefully my rep will call me tomorrow. That is a huge difference in back pay between 2007 and 2011.

[63SIERRA]

heres my angle and I may be wrong, or not. Once denied I promptly filed a NOD. This started the clock running towards getting an appeal date. Appellate review (BVA) is a LEGAL mechanism. As long as it is at the RO it is not. Before the RO punts it to the BVA, im trying to get a DRO hearing . If things dont go well at the DRO hearing, im going to disagree, and try to keep my appeal request afloat.

Im trying to not let this go as an EITHER OR.. In other words, im not choosing either the DRO or the BVA appeals route, im trying to keep both options open. If I get a DRO who as half of a brain, and is at least half vet friendly it should be clear as crystal, that im correct in the service connections ive filed for.

If I am incorrect in this thinking, plz point out the regulation or cfr that states a vet must choose between either a DRO review, or Appeals action.

Secondly, the DRO review officer is supposed to let me know EXACTLY what evidence is needed to win a claim, that they cant grant, so its a great tool I would think, but cannot speak from experience as Ive yet to get a DRO date or SOC, after my initial NOD that is now in its 19th month . They will need to shitz or get off the pot soon, I think A hearing or SOC should have been provided by now, or very soon.

Edited March 4, 2015 by 63SIERRA

[63SIERRA]

A woman can bear 2 children in 19 months and I cant even get a SOC.??

Just imagining here, I would imagine, that when the evidence is so strong, it is not any easy task writing a SOC to rebutt the vets claims, so it gets shuffled to the bottom of the pile, and time starts going by. Before you know it, 2 kids have been born, and the VA is still working on the " creative writing " needed to bullshit thier way our of approving the claim.

That is likely why, in the initial denials they are so scant in thier reasons and basis for denials.

Edited March 3, 2015 by 63SIERRA

[63SIERRA]

Here's the thing about "BVA Appeals" - the game is in the process.

To get a BVA Hearing, you need to be on the BVA Docket.

To get on the BVA Docket, the VA Regional Office needs to "Certify" your appeal to the BVA

Who "Certifies" your appeal to the BVA?

The VA Regional Office. They cannot by law certify your case without a NOD, a SOC, and a Substantive Appeal (can/should be on VA Form 9, but doesn't have to be).

The BIGGEST delays in certifying appeals are caused by 2 things:

1) The VARO sits on the case after receiving the substantive appeal.

2) The Vet keeps filing "reconsideration requests" or new NODs, splitting the claim into multiple tracks. The VAROs almost always take an "all-or-nothing" approach to certifying appeals to the BVA.

How do you fix these problems?

To Fix #1: USE the DRO....if they aren't going to grant your claim/appeal....ask them to quickly issue a SOC, tell them you'll immediately return the VA9 (Substantive Appeal), and ask if they will IMMEDIATELY certify your appeal to the BVA. Most DROs LOVE this...it gives them a s**t-ton of work credits for taking up to 3 actions on a case in less than a week. Read more here on the Veterans Law Blog: 3 Ways to Win at the DRO Hearing.

To Fix #2: Think through the "big picture" of your appeal....sometimes it is worth it to let the DRO deny one claim if it means that it - and the bigger claims - will get certified to the BVA quicker. I see a TON of Veterans that will spend years bickering with the VA about C&P exams for a tinnitus claim that will get them 10%...meanwhile, the Sleep Apnea claim that will get them 50% sits...waiting for the tinnitus bickering to stop so it can get certified to the BVA.

Do whatever you can to avoid having a single claim for SC of multiple conditions split into multiple appeal tracks. This is a hard concept to explain....I'm going to try to tackle it on the Veterans Law Blog soon.

Chris

you explain things very well, thanks for visiting this forum regularly.

[jeffperry1134]

Still have not heard from my representative. I will call her daily until she calls me back.