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I had my hearing with the BVA law judge 1st of June and here it is going on 6 months later and STILL NOTHING!
Should I be beating on someone's door or multi dialing telephones? I have heard nothing and ebenefits says I am still waiting on a docket ##?? Just when you think you are finally at the end of this long 8 year battle the have just like stopped!
The only thing I can figure out is either they are having a hard time coming up with how to deny my claim or they are just making me wait hoping for what I don't know.
My appeal is basically for SC and an EED! The judge asked me only 3 questions during the hearing and shook her head and one point when I showed her evidence that was clearly in my MR!,
Anyone have any opinions as to what could possibly be the hold up?
Thanks, Stillhere and Stillwaiting!
My BVA hearing was April 2011. My decision was May 2012. The delay has only gotten worse since then. I had another one in April 2015 and it was advanced on the docket via 20.900(c ). That one was decided Sept. 4th. I'm guessing yours was not advanced on the docket. Expect a decision in August next year assuming you don't have a VSO who decides to glom onto it and play keep away from the VLJ.
I'm at the BVA with a 2007 Docket Number, and I'm still waiting. I've gone to the CAVC and back twice. Now my ebennies says "Administrative Case Processing". What this apparently means (in my case), is that the BVA is looking for a medical decision to determine if my doctors IME/IMO is more probative than the VA's C&P examiner.
But, it really amounts to a "rat-hole" status. They (the medical opiner) have until 12/5 to opine. However, they can request innumerable extensions.
The BVA has many ways to delay. This is just another, I think.
I know it is holloween but those are some real horror stories!
doesn't make in damn sence that we are treated like this!
Anyhow checked ebennefits yesterday and it has changed and says it is with the law judge. Is this the same law judge that was at my Hearing?
I think they do this hoping we will either die or give up! I do not plan to quit even if the CAVC does not approve I will go to the surpreme court if I have to to get justice!
Rely on E-Ben at your own peril.
I've never been to the BVA but personally think 6 mos is not a major deal. You get near the 1 year anniversary with still no decision, then I'd start getting concerned.
Were you rep'd at your BVA hearing? If so, what does your rep say? Did you request the BVA Hearing after your Denial, how long did you have to wait for the Hearing (Type?) to be scheduled?
"Texas Marine's" case should not be happening. His 2007 docket number should have already been processed, well before Alex's 2012 decision, and before MY 2012 decision also, since I have a 2009 docket number.
The BVA is required to process claims in "docket number order" unless there is a special hardship where an Advance on the docket is given.
I still have my 2009 docket number, as I checked, yesterday. Allison Hickey's office sent me an email and promised an advance on the docket, in early September 2015, because I complained that my 2002 claim is 13 years old and I may well not survive ANOTHER 13 year delay, as I am already in my mid 60's.
The sad part is Alex, myself, and Texas Marine ALL have claims more than 10 years old before they were resolved. 10 years is the new "normal" for VA.
This should go to the press.
If you cant dazzle them with the facts, baffle them with the 10+ years that it take to process.
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