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Still Nothing From BVA

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stillhere

Question

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!

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That delay played a big part in my VLJ's decision to advance me. He reviewed all 13 files of the (still) paper c-file briefly the night before my hearing and was disgusted with the VARO's intransigence. Having the attorney at the BVA is the biggest asset in all this. The judge often feels you are far better represented than with a VSO and will allow the case to proceed more rapidly. Few know that a VSO team at the BVA can be the cause for a one-year (or more) delay if they grab your file and take it to their office for six months to "review" it. 

For stillhere, yes-the VLJ who chairs your hearing will always be the VLJ who decides your case. If he were to retire, you would be assigned a new judge and offered a new hearing. I've seen cases drag on so long, a Vet ended up with several judges hearing the case, When that happens you are given three judges instead of one to guarantee a majority decision in case the judges disagree. 

The reason Tex marine has a 2007 docket number is simple. It was appealed up to the CAVC and returned twice. You always retain the same docket number when you climb on the hamster wheel. If they didn't, why, shoot- they might run out of numbers.

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Thanks guys! Especially Asknod dealing with these folks (BVA) has been rather confusing to me. I think they are doing that on purpose really!

my appeal is mainly for SC of a prior denial and also the EED so really not more than those two issues. I was granted SC but only back to 2008 so I am challenging the fact that they granted based on almost the same evidence as was present when I was denied.

 

Stillhere

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Stillhere

Sound like you are a few days ahead of me. My status is the same as yours as of yesterday. I filed my NOD in dec 2012 and had my hearing on sept 21. I have only 1 appeal for sleep apnea. I have no idea how long it takes with VLJ? I thinking if is come back soon it will be denied. My advocate briefed/argued my case will and I had sleep specialist letter in my favor. Good luck.

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