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.

[bluevet]

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.

Pete, I'm not sure this is entirely true any longer. Most c-files have been scanned and are now electronic. I was at the regional office last week and to get a copy of my recent C&P. The VSR opened my c-file on his computer and printed the C&P. Then this morning I was on the phone with a rep from the Foreign Legion who accessed my c-file while we were talking and read to me from docs I submitted long ago. Just FYI

[Chuck75]

Here is something interesting. It's this allowable:

Though the varo made a decision on my current claim they removed the following from the claim I started this year and added them to my appeal:

DDD...appeal has lumber strain. 

Migraines

Fatigues and nausea secondary to the migraines-as they are what contribute to the severity.

Right knee

Right shoulder

 

I'd this something my poa, the vso would have authorised without me knowing? 

I'd guess that the real reason was to get things off the raters desk and make it all go to the BVA.

The plus is that the BVA might do something about it. The minus may be that the BVA often returns (remands)

the case to the RO, But to the RO, that's down the road, The RO got some sort of credit for getting the claim

out of the office,and making it someone else's problem.

[Chuck75]

Pete, I'm not sure this is entirely true any longer. Most c-files have been scanned and are now electronic. I was at the regional office last week and to get a copy of my recent C&P. The VSR opened my c-file on his computer and printed the C&P. Then this morning I was on the phone with a rep from the Foreign Legion who accessed my c-file while we were talking and read to me from docs I submitted long ago. Just FYI

"Just looking at" is one level of access. The ability to add, remove, or change things is another.

If the file is "open" for any changes, it should be locked in some manner until the changes are made or abandoned.

A "good" system allows both kinds of access, and notifies the "looking at" user(s) that the file is in work, and there may be changes

pending. The non VA systems I worked with years ago could identify which parts of a file were open for edit, and who was the changing user.

[BeAWarriorNOTaWorrior]

"Just looking at" is one level of access. The ability to add, remove, or change things is another.

If the file is "open" for any changes, it should be locked in some manner until the changes are made or abandoned.

A "good" system allows both kinds of access, and notifies the "looking at" user(s) that the file is in work, and there may be changes

pending. The non VA systems I worked with years ago could identify which parts of a file were open for edit, and who was the changing user.

Chuck I agree with you on this here. When I attempted to hold down a job at the VA back in 2012, which lasted only 6 months, you could view the file but if it was being view by anyone with EDITING CAPABILITIES, which is a specific level of access, then you could not do so add well, if you needed to do something as little as save a document. Some people only had viewing capabilities.

 

I am disappointed to great that the VA would so easily pass on my contentions, especially when I included so much evidence (mri's, etc.).

If I'm already at 100%, just awarded back to January 2015, and this appeal goes back to 2010, will I get backpay if I were to win a percentage, a sc from these claimed disabilities?

[Chuck75]

There was a Dilbert animated cartoon/game that had a bunch of staff and Dilbert shoving work assignments back and forth across a conference table.

The VA's claims "process" seems to have taken lessons from it!

A quick look did not find it. The PC game version was released years ago.

The VA's "stuff" "should" be based upon SQL servers and data bases. But, if so, the interface programs may leave a great deal to be desired.

My overall opinion of the VA's IT is rather negative, as you might suspect! 

In the 90's, DOD went through a major change that involved digitization of records. It was a disaster in some respects, simply because they initially elected to use non standard reader programs. Then, an additional problem had to do with digitizing microfiche films and  documents that were marginally readable in the old optical readers. Non skilled workers were used, and had no skills or knowledge base to use when it was obvious that manual correction was needed.

[FormerMember]

Remember that VA is subcontracting the VBMS conversion to .pdf. If you have a claim in and your file is still paper, it will remain so until the claim is complete, If it has to go to the BVA on appeal, they pull it and do the VBMS conversion to .pdf locally rather than Janesville Wisc/ Newnan, Georgia. Mine is still in paper because they (Seattle) haven't had time to convert 11 folders. I was told it was scheduled for conversion "when it is ripe for the appeal." Considering it's at 810 Yellow Brick Road NW currently, I can only hope I see it before the Second Coming.