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How Does The The "internals Of A Vlj Review Work ?

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Posted (edited)

Hi All, I noticed that the date on VLG review changed from May 28 to July 9, 2015.

How do the internal handlings of a BVA appeal work between the VLG and his or her crew?

I called their "Paula" and he said every time they do work on it the date changes.

Should I expect to here something soon?

RickH ; :wub::huh:

Edited by RickH

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Posted

My file is "with the VLJ" now. It has been since 6/2/2015. It has been picked up many times (many dates). Still not completed. I'm not sure if it is a "good sign" or not. I'm hoping, like you that it gets changed to "preparing notification" soon. And of course, I hope that the notification is positive (for me). But I must answer your question with "I don't know if there is a minumum or maximum number of pick up dates", and that "i wish you the best outcome".

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Posted (edited)

The "crew' is a group of paralegals who help the VLJ lawyers prepare valid decisions at the BVA ..

Of course some BVA decisions are overturned by the CAVC.

But one thing I am sure of...the BVA will read every single piece of evidence you have.

The decision will usually have a statement as to the probative value of the evidence,or what they did not find probative.

Decisions usually don't contain a full rhetoric on all of the evidence they consider..I sure wish my 2009 BVA decision did as it could help others.They focus on the most probative evidence first.

They even acknowledged all of the stuff my VARO never did

The VLJs are lawyers and lawyers Love evidence.

And also any claimant can , at any time prior to the BVA decision, send the BVA more evidence.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Posted

Hi all

The date just changed again to today. How many times will this happen? :unsure:

Waiting on this is just driving me crazy. I need another hobby.

RickH

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Posted

My "date" with the VLJ changed 7 times since 6/2/2015. Sadly, my date didn't change today. I definitely need a new hobby.

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Posted

Interesting, Berta. VLJ Hindin's little people had my 4138 NOD filed 12/2/94. It clearly stated "enclosed please find troop movement orders (AF Form 626 TDY) and Hepatitis records from civilian hospital. The 4138 and the new and material documents were date stamped 12/7/1994 by the RO yet Hindin's troops stated there was absolutely nothing in my files that could be ascertained as N&ME that had been filed during the pendency of the one year window to appeal. The January 5th, 1995 SOC clearly stated "We received your new evidence and will notify you when we make a decision soon." Somehow his staff attys. didn't dial in on that with a year to absorb it (April 2011-May 2012). I think you should qualify it such that any big dollar appeals will be denied if at all possible even if the evidence has to be overlooked to reach the incorrect decision. The OGC didn't have any problem figuring it out.

I personally think the quality of the staff attorneys, much like the quality of VSOs' reps, is variable ranging from brilliant to dim. I should shut up. I'm going to be an agent soon and someone will be saying it about me!

 

 

  • 0
Posted

Interesting, Berta. VLJ Hindin's little people had my 4138 NOD filed 12/2/94. It clearly stated "enclosed please find troop movement orders (AF Form 626 TDY) and Hepatitis records from civilian hospital. The 4138 and the new and material documents were date stamped 12/7/1994 by the RO yet Hindin's troops stated there was absolutely nothing in my files that could be ascertained as N&ME that had been filed during the pendency of the one year window to appeal. The January 5th, 1995 SOC clearly stated "We received your new evidence and will notify you when we make a decision soon." Somehow his staff attys. didn't dial in on that with a year to absorb it (April 2011-May 2012). I think you should qualify it such that any big dollar appeals will be denied if at all possible even if the evidence has to be overlooked to reach the incorrect decision. The OGC didn't have any problem figuring it out.

I personally think the quality of the staff attorneys, much like the quality of VSOs' reps, is variable ranging from brilliant to dim. I should shut up. I'm going to be an agent soon and someone will be saying it about me!

My appeal, when/if approved, will be retro to 1/1/2005. I hope that they don't overlook the evidence to try to make me 'go away'. I have a good VA Lawyer, have been to the CAVC twice on this issue, and will make a huge stink if they "overlook" the evidence we have gathered. My N&ME is "golden", if not "platinum", and totally tears apart the C&P examiners findings both in substance and in "rank".

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