Bva Hearing Request & New Claim

[gwvet90]

We've decided to opt for BVA local hearing on the original claim (filed March 05, NOD on Jan 06).

The SOC - just came yesterday for this claim. It did not address the new claim.

So - we still have a claim in round 1 - still waiting for their 1st decision on it - (filed this one Feb 06)

When should we send the request for BVA on the 1st claim? - I know we have 60 days, but the sooner we send it, the sooner we're on a waiting list.......

Should we wait until the newer claim is decided before sending the BVA request, or go ahead & send it? What effect will it have on the newer claim's processing time?

[Guest jstacy]

Your in a pickle because the BVA is going to have the Claims folder and they will not work on a claim once the BVA has the folder.

Here is what you can do, CAll or IRIS the regional Office and ask them an exact status on claim # 2.

If Claim # 2 is secondary or related to claim 1, They they will not decide it until the Appeal is heard.

You will be better off doing the DRO thing at this time so your folder will stay in the same office this way the RO can still work on claim # 2.

Jmho.

John

[Josephine]

John,

I have not been able to understand, how I received a C&P from the R.O after turning in my form 9 for the BVA and then after that examination of a more likely than not be transferred to Huntington and then have another C&P and then receive a Supplemental Statement of the Case with the form 9 being turned in almost two years before a decision was rendered.

By the time I received a denial, I was waiting in line at the BVA and my number was getting closer on their docket as I stayed at the two R.O?

How did this happen? My Statement of the Case, I received the form 9 and a letter from the DRO at the Roanoke R. O , You may have a personality disorder, This is not the DRO's Final Decision as we are sending you for a C&P

Josephine

Edited November 11, 2006 by Josephine (see edit history)

[john999]

I agree that you should keep it at the DRO. You don't want to get into the remand cycle and waste two or three years at the BVA.

[Guest jstacy]

John,

I have not been able to understand, how I received a C&P from the R.O after turning in my form 9 for the BVA and then after that examination of a more likely than not be transferred to Huntington and then have another C&P and then receive a Supplemental Statement of the Case with the form 9 being turned in almost two years before a decision was rendered.

By the time I received a denial, I was waiting in line at the BVA and my number was getting closer on their docket as I stayed at the two R.O?

How did this happen? My Statement of the Case, I received the form 9 and a letter from the DRO at the Roanoke R. O , You may have a personality disorder, This is not the DRO's Final Decision as we are sending you for a C&P

Josephine

Josephine, if you have time, break it down for me claim by date and send me a personal message. I will try to help/

[Josephine]

Jstacy,

Thanks, I will send it all to you tomorrow.

Josephine

[Ricky]

gwvet 90 - My understanding is that before the RO can certify the appeal is ready for the BVA all other claims must be settled. Eventhough the RO certifies the appeal as ready to rate the claims folder stays at the RO until called for by the BVA which is about 2-3 months prior to their action on the claim. Given this the RO should maintain control of the folder for about 16 more months. Now this ain't gospel but it is the way it should be. Then depending on the RO they may or may not work your other claim during this period and even if they do it will be the predetermination team performing all of the work.

Although it could take about a year or little more to get a DRO review most of the time the DRO local hearing occurs at about the 6-7 month period at which time either the claim will be awarded or an SSOC will be issued. Then you can began your formal appeal.

At any rate, your new claim could or could not be delayed because of your appeal. It depends on the RO. I've seen them deny additional appeals to close them out so the file could be transferred to BVA and I seen them actually work them and make the appropriate decision. Like I said just depends on the RO.

I know this is not the firm decision you were looking for but if it were me I would request the DRO hearing.

[Josephine]

Josephine, if you have time, break it down for me claim by date and send me a personal message. I will try to help

jstacy,

I emailed you about 7 pages on my claim for disability. Hope that this was alright.

Josephine

Edited November 11, 2006 by Josephine (see edit history)

[gwvet90]

Thank you all for your replies.

Sounds like I should hold off a little on filing the form 9 & see if they get the decision made on the new claim soon.

The 1st claim has nothing to do with the 2nd they are seperate issues.

[Ricky]

holding off will be ok. However, do not get tied up with life and MISS THE TIME LINE TO FILE THE FORMAL APPEAL...........