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.

[Tomahawk]

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

...... 

Im thinking you need to email Allison.

For what it's worth.  I filed an appeal for a BVA video conference hearing.   My initial claim is from 9 years old.  The NOD is 7 years old.  And my form 9 requesting the hearing is going on 3 years old.

My file is still at my regional office as well. 

I emailed Allison and her "team replied" that the "regional office is actively working on your appeal" and the process involves the "regional office taking another look at the issues and the evidence" and if they then cannot grant all of the benefits "the appeals process may then proceed to the Board of Veterans Appeals and beyond".

 

So don't get your hopes up emailing General Hickey.  But it's worth a shot.  I may have just been unlucky and I got filtered off to the minions instead of her actually reading mine.

[Guest]

Always keep in mind that you only have one C -File and it can only be in one place at a time.  If you filed an appeal then you file several new claims, VA most likely are trying to process those new claims while waiting to process your appeal.  Once you open a new claim after you file an appeal. Your claims folder must leave the appeal section/area and go to the section/area that process new claims.  Once the new claims are processed then your C-File will go back to the appeal section/area with a new suspense date (A date to be reviewed/processed) which can change to anytime VA chooses.

[BeAWarriorNOTaWorrior]

Pete992

I've not thought about it that way. I'm currently in pda with 13 new contentions then my c-file would be " available" again. The claim I'm appealing had 4 and was opened in 2010.

I'll just have to wait and see if I hear from them. I hope they didn't pull my c-file from my current claim to answer my iris request.... :/

 

[Guest]

I'll just have to wait and see if I hear from them. I hope they didn't pull my c-file from my current claim to answer my iris request.... :/

In most cases an Iris request will not get a C-File pulled from its current location unless it comes from a congressional request. Your claims folder can not be in the appeals section and the new claims section at the same time.

Edited August 17, 2015 by pete992

[broncovet]

A 7 year old Nod probably warrants a Writ of Mandamus.  I dont think even VA can argue that is reasonable.  About 4-5 years is average, but gee, 7 years?  If you recently emailed Allison, you will need to wait for that to happen, but only a max of 2 months since you emailed Allison.  

YOur RO is trying to "forget you to death", hoping you die before they do anything.  Its disgusting, and they do that to me and others, also.  

I read once where something like 100,000 Vets die while waiting on VA to adjuticate their claim/appeal.  

Edited August 17, 2015 by broncovet

[Chuck75]

If a "C" file is "electronic", where is it?

Inquiring minds want to know!  <G>