Has it been too long for my appeal to be assigned?

[BeAWarriorNOTaWorrior]

Just to get to the nuts and bolts of it, I appealed a claim decision. The denial was June 2012, I appealed it through my vso just before the deadline, 2013 via certified mail. It's been over 2 years and the appeal status still states "at local office" 

 

Honestly I never thought anything of it until I started reading through Hadit. Now I'm reading some people who are asking about NODs after 16-18 months...  should I be converted? I've written an iris letter asking for a status update but have not heard back. 

Any advice? Thanks for the expertise.

[john999]

Keep asking.   As long as you got the NOD in before the deadline your appeal should be alive.  Can you visit your VARO and ask to see your C-File.  You NOD should be in that file.  If the VA says they don't have it you have a copy and you have your certified mail receipt.   I would call your VARO and ask the status of your claim.  The VA is great at losing claims and stuffing a c-file and then forgetting to proceed.

 

 

                   John

[Tomahawk]

IRIS states they get back to you in 5 business days.  It has been my experience that its more like not at all, or until you send a second IRIS annotating the first and they reply 3-4 weeks after that.

[broncovet]

I agree with the others.  What does ebenefts say?  Did you ask for a DRO review, hearing, or straight to BVA?  Remember, if VA issues a SOC you MUST respond with an I9 filing  in 60 days or less or your appeal dies.  

It has even been changed to 30 days, so get your I 9 filed within 30 days of SOC just to be sure.  

Dont let VA blow you off.  Write to Allison, if you can not get at least a status report on IRIS or the 800 number.

If you are represented by a VSO, you can also ask him or her to check the status.  However, many of us experienced with VA dont recommend VSO's, but if you do have one already, then you should take advantage and utilize their services.   

Edited August 16, 2015 by broncovet

[BeAWarriorNOTaWorrior]

I've seen my c-file. I've actually had a claim completed that was submitted a month after I submitted that appeal. So I know my c-file is still there, and they are about to complete another claim, is currently PDA. 

My VSO told me that he requested a hearing. I never received any form of documentation after that. All I have is my certified mailer. I saw my claim on ebennies. I've just never gotten anything from the va since. Not even a "we're still working on your claim" letter. 

I was told via VSO that my claim is still at the local office. Which I think he is referring to Waco. 

I write Iris again. Maybe they will tell me I need to slow my role and have patience....

[BeAWarriorNOTaWorrior]

Tomahawk I am inclined to agree, I've had many occasions when I've gotten no response and some responses that weren't worth my time to read. 

Broncovet I have a VSO but he isn't very good for getting status updates.he was amazing for filling my claim. It was detailed, made me feel positive, etc. But he doesn't want to do any leg work now. He is of the, " ebenefits will update you now" variety. He moved on to the next Vet. 

I'm very tempted to just reopen the claims under new claims with my new material evidence. I feel like I could win now and not have to deal with so much anxiety. I'm going to have a heart attack and die from the VA. 

[broncovet]

So, if you requested a hearing about 2 years ago, and you have not even heard about it being scheduled, something is amiss.  

There are several types of hearings.  One is a hearing at your Regional Office.  Another is a teleconference hearing. (fastest).   Do you know which kind of hearing was requested?  

Im thinking you need to email Allison.  Remember, VA LOVES to let you fall through the cracks and for you to say nothing.  

Personally, I think if the Veteran does not get a decision in a reasonable time frame, say a year, his benefit should be granted.  

Social Security gets your claim done in 120 days.  Appeals are longer, but they are under the gun to get er done in 120 days.   VA takes as long as they want, and offers excuses as to why it takes so long.  I finally got a decision after 12 years, and that one was wrong.