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03/11/2015 Substantive Appeal (Form 9) Ro


waltbarb

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I am guessing that your Board appeal is still at the RO awaiting certification before it goes to the Board. This can take a very long time depending on whether you have any other claims or appeals being adjudicated at the same time.

You can email an IRIS inquiry to the VA to determine the whereabouts of your Board appeal. They should easily be able to confirm the status.

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Walt: Did you appeal to BVA? Check out 2014 BVA Decisions, not unusual to see claims that are 5+ years old and then their getting a large number of Remands. My DRO Hearing requested 2010 didn't get on deck till 06/14, 41/2 years. Don't drive yourself crazy trying to figure out exactly where your claim is located and when it's going to get heard. From what most Vets including myself have found that to be an exercise in futility. Unless your one of the few hardship cases that get a bump in the hearing line, it's 1st come 1st served. It doesn't sound like you've received any VARO notification regarding your appeal being Certified and transfered to the BVA with a Docket number assigned. Have you received the 90 day N&M Evidence Cut off letter from your VARO yet? Am I reading your previous post right, looks like your about 18 mos since filling your appeal? Things may have change regarding appeals wait times but I doubt it. Looks like you have 3+ yrs ahead for a BVA Hearing, maybe shorter if you opted for Traveling Board or Video Hearing. Any Appeals info would be appreciate.

Semper Fi

Gastone

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What type of BVA hearing did you request?

Semper Fi

Gastone

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I think your way past the point of not wanting a BVA Hearing, yes/no? Dependant on what you or your Rep put on the Form 9, your VARO could be getting ready to Certify your Claim. Next stop BVA.

Hold one, does the Form 9 even give you an option for anything other than how & where your BVA Appeal is heard? I thought you were just given the choice of DC, Traveling Board or Video Hearing, right? What exactly did you or your Rep on your Form 9.

Semper Fi

Gastone

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Might be time to take a gander at a Form 9 and familiarize yourself with it. . BVA Appeals are conducted and decided at only one place-810 Vermont Ave. NW Washington DC 20420. A "Traveling Board" is a Veterans Law Judge (almost always one [1]) that holds a hearing at a local Regional Office face to face with you. He does not render a decision while at the Regional Office. At the conclusion of your hearing, the c-file, if still in analog mode, is then assembled for shipment, a Form 8 is tucked in and the whole shebang is forwarded to DC. If it is in the new VBMS digitized mode, it can be transmitted instantly via computer but still sits in limbo until the docket # assignment comes up. There, the same VLJ's staff attorneys will give it a one-day review for sufficiency. If there is something amiss, such as no SSI folder, it goes back to your RO for a remand (one year). If you signed a waiver in the first instance, it is remanded via the AMC-but still remanded back to the AOJ nevertheless. Things that delay it can also be your helpful VSO Team who takes it out of the library and puts it in his in basket for a six month snooze where the VLJ's troops cannot get at it.

VLJ's are currently cranking out 1.1 decisions per day. Take about 100 VLJs and that's 110 per day. Take 230 days a year available times 100 Judges and you see 24,000 decisions a year. The backlog is in the hundreds of thousands... Do the math. Find a hobby. Remodel the bath and the kitchen. Take up Macrame. Buy Rosetta Stone and learn French.

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Let me show you all something. A Form 9 should list the errors on your rating in Box 10 rather than why you should have won or been given a higher rating. You are mixing the two areas into one. First, you identify what VA did wrong in Box 10. Second, you explain why and what the proper outcome should have been in a separate argument. This is a major reason why VA gets to send these up to the BVA because the Veteran fails to state that which he disagrees with or mixes the arguments into one. This is Appeals 101. Don't feel bad. I made this error a thousand times before I learned how.

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Edited by asknod (see edit history)
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That's why Theresa and others like us began websites for Veterans. 16 hours of training on how to fill out 21-526s, 4138s and Form 9s isn't enough time to train Homer Simpson's monkey Mojo how to fetch a beer. While I certainly appreciate what VSOs do for us, their abilities in the world of Veteran's benefits are less than successful if we only win 15% of the time. Witness the large number here who regularly win and measure that against the Veteran populace as a whole. The statistics are extremely lopsided in our favor when we have the information with which to prevail.

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Great advice from asknod!

...................Buck!

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