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stillhere

My BVA timeline so far

Question

logged into ebennefits on the 4th Dec. and showed Administrative case processing? Had shown with VLJ since Oct. 15. So I am probably not looking at anything before the end of the year? No Christmas present I guess and surely don't want a denial!!

to all my christian friends and those who believe in Christmas I wish you a very merry Christmas and a Happy New Years!

to others I wish Happy holidays and a wish for Peace between religions! Please!

 

Stillhere

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 A lot of people dont believe it takes 4 years to go to BVA.  That's true, it is probably closer to 5 years now, see BVA chairmans report link below.

We may be able to answer your question if you know the "docket number".  Mine is "09 xxxx" so it is from year 2009. It went to the BVA in 2012 who ordered a remand.  (That was back when BVA was able to "lightening fast" process appeals in 3 years)    The RO finally completed the remand in 2015.  I filed another I9 this septemeber, and I had to rattle their cage as to why I have not received a "certification letter" from the BVA.    With a 2009 docket date, I think I will be "soon", tho I will be suprised if its before the end of the year.  

The BVA is required to work cases "in docket number order"   UNLESS you have gotten an advance on the docket.  I think the BVA may be working on dockets as recently as 2010 or maybe 2011.   Remember, it will be several years after filing your NOD before you are even given a docket number, as the RO likes to "sit" on appeals for a couple years before they actually do an SOC or Certify it.  (According to the chairmans report, VARO sits on your appeal 681 days, not 2 years, but that is probably longer now).  

2014 BVA Chairman's report gives these "average" timelines:

Your favorite politician who wants re elected will likely make voters think its about a year, like social security.  

 

 Notice of Disagreement Receipt to Statement of the Case VBA 330 days

AOJ Statement of the Case Issuance to Substantive Appeal (VA Form 9) Receipt Appellant 39 days

Substantive Appeal Receipt to Certification and Receipt of Appeal at the Board VBA 681 days

Receipt of Certified Appeal to Issuance of Board Decision* Board 357 days

Board Average Remand Time Factor VBA 311 days } } AOJ }

*This includes the Board’s cycle time of 202 days. Cycle time measures the length of time from when an appeal is physically received at the Board until Board disposition, excluding the time the case is with a VSO representative for preparation of written argument.

 

Source:  BVA Chairmans report, 2014:  http://www.bva.va.gov/Chairman_Annual_Rpts.asp

You need to "add" these numbers up to find out how long yours will take.  I did so, and it was about 4 years.  However, the Board has pretty much informed us they wont be getting those appeals out in 4 years anymore, in the future it will be longer.  

Your VA or VSO will likely let you think its gonna be maybe a fourth that amount of time.  

Edited by broncovet

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My BVA Docket 07-XXXXX is also in "Administrative case processing" status right now.  It was supposed to be back to "with VLJ" by 12/5, but e-benefits doesn't show that.  Originally estimated to be in "Administrative case processing" for two months while a "non-partial" board determines which doctors report is "more probative".

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I didn't see anything mentioned above, regarding the  Vet sending in N & M Evidence and what effect it would have on the Appeals Time-line. SUPPOSEDLY, any N & M Evidence received by the Vet's RO during and up to the BVA Evidence Cut-Off Letter, will trigger an "Automatic Review" of the Denial by a Sr Rater or DRO, giving deference to the original decision. A new SSOC is supposed to be prepared and forwarded to the Vet, if the Denial is continued.  Mid to late term receipt of N & M Evidence would definitely cause a significant delay in the RO Certifying the Claim to the BVA.

Fastest time-line to a BVA Hearing would have to be, NOD Requesting BVA DC Hearing filed within few days of Denial and no submission of N & M Evidence. Doubt that ever happens.

Semper Fi

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The BVA and VA loves to "blame Veterans" for appeal delays that we should have the "nerve" to submit new evidence which requires VARO to do a new SSOC.    This would be like resteraunts "blaming" customers for unsanity conditons for cooking food.  After all, if more people would just not eat there, then the employees would have time to clean the place better, right?  Maybe the best idea is just to prohibit customers from entering resteraunt, so that employees will have plenty of time to clean things up before uneaten food is thrown away.  

In a similar manner, VA should just "ban" Veterans from applying for benefits, because that seems to be what is causing all the problems to those overwoked VA employees whose only mistake was to chose to work for VA over other job offers.    Perhaps those overworked and undertrained VA employees should remedy that situation and go to work for others, especially when convicted of fraud and their demotion is overturned.  

Its not Veterans fault for submitting new evidence.  You see, Vets dont even know what evidence the VA has until the denial.  The first time we usually find out that evidence is missing is when we read the denial.   We mail it in and, in the 30 percent of the time it makes it to its rating representive it gets buried below page 2, and is not read.    It seems to have gotten "lost" that Vets submit "new evidence" because:

1.  The VA was lazy and did not bother to get it the first time. 

2.  The VA got the evidence, then "lost" it.  

3.  The Veteran assumed the VA did not get the evidence because no reasons were given as to why it was not found to be probative. Rarely does the VA "reasons and bases" state something like, "While several doctors opined you should be getting your  beneifts, they did not realize that anything left over at the end of the year will go to Exec bonues and VA parties, so we are denying you anyway."  

In all 3 above, this amounts to VARO error.  "New Evidence" almost invariably means "error" on the part of VA, not the VEteran.  

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I cut from another post:

Just wanted to update since my last. I checked ebenefits Saturday and my status went to 100%. I call my rep today just to confirm and it is correct. Should get yellow envelope today or tomorrow. I am very pleased so far with the NOD process. It may have taken a while since I filed NOD. (14 FEV 2012). However, Had my hearing on 21 sept 2015. Decision granted on 6 Nov 2015. RATING REVIEW ever since. My AB form says 100%. My REP also stated that the decision was sent 5 DEC 2015. I also check to see if my BVA decision was posted on the appeals site and it looks like it will be next month. I will post the decision when it comes up. Thanks to everybody for posting on this site. It does make everything a whole less stressful.

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