BVA

[Scout Swimmer]

I'm a bit lost on this 5 year old appeal. So in August my wife had a BVA hearing completed. It then reset to "awaiting place on docket" to "with BVA" to "Administrative Case Review", as of early yesterday. Now it's back to "awaiting place on docket" as of 1 hour ago? How does this make any sort of sense?

Any advice would be greatly appreciated.  

 

 

 

 

 

 

 

Edited December 7, 2015 by Philgrenier

[Gastone]

Are you getting these status reports from her E-Ben site? Who rep'd her at the BVA Hearing and what do they have to say? Exactly what type of BVA Hearing did she have?

I never made it to the BVA so will have to defer to your experience. How about an Appeals time-line, your thoughts on why the 5yr wait, anything out of the ordinary? How soon after her original Denial did she file her NOD requesting the BVA Hearing? Was N & M Evidence forwarded to the RO right away or trickled in, over the years?

Have you checked the 2015 BVA Decisions site, ANod saw 11/2015 decision posted on 12/06 update. If you care to share her BVA Docket #, some Hadit member might catch it before you do, give you a heads up.

Semper Fi

[broncovet]

5 years is a long time, but the BVA chairman tells us that is pretty much what we can expect.  To everyone else in the world, 5 years is a painfully long wait for justice, but the VA wants Veterans to quietly wait until we die.   

While I do think its not productive to call VA every day, or even every week, certainly 3 to 4 months should at least be worthy of a status check in one or more of the following places:

1.  BVA Omnibudsman.  I would ask the docket number, if you dont know it, and if you do, then ask what document number (year) they are processing since they have to do these in docket number order except for advance on the docket due to hardship.

2.  National VSO (rolls eyes).  

3.  AMC (double eye roll, go to mirror, stick out tongue and make a face)  

4. IRIS  email (Lost in Space)

5.  Call Peggy, leave your number and then expect a call back at a convient time for VA to either lie to you or tell you less than you knew before.

6.  Local VSO.  Too busy to return calls, but not too busy to accept donations.  

7.  Your local congress critter.  Listen to his answering machine about how you should vote November 4.  

 

[Scout Swimmer]

Her VSO is worthless, although he told us he was confident we would win. It's a presumptive claim with solid medical rational via Dr Bash. She was having breathing problems within two years after her separation date and soon after that was diagnoses with asthma. After the hearing we asked for a 30 day extension so Bash could submit his Post BVA report (last August 4th).. She also has an assortment of lay statements so ultimately, yes I think she will win. I'm the one who went with her at the hearing. I also attained DR Bash's services on her behalf. 

I went to "Historical Claims" section on ebenies last night. It shows "at BVA" complete. It makes no sense though because on the actual current appeals it's saying still waiting for place on docket, which seems to be going backwards.  

Edited December 7, 2015 by Scout Swimmer

[flores97]

ScoutSwimmer, first I want to say its great your being so supportive of your wife, enlisting Dr Bash's services was a very smart move. I had my BVA hearing June 2015, ebenefits was pretty much worthless showing status for my appeal. The decision was made on my two claims Aug 14, (which was a saturday), i received the decision on Aug 17th, both claims granted.  Did the judge make any statements at the end of the hearing, sometimes they will let you know which way they are leaning. Also, on ebenefits it stated my appeal was located at BVA until AFTER my retro hit the bank, Oct 6th.  I would call the BVA number, and ask for a status update, i will repost with the number shortly.

[flores97]

The number I called to check BVA Appeals status is 1-800-923-8387, and good luck to you!

[Vync]

Time to re

Her VSO is worthless. I'm the one who went with her at the hearing. I also attained DR Bash's services on her behalf. 

I did did go to "Historical Claims" section on enemies last night. It shows "at BVA" complete. It makes no sense though because on the actual current appeals it's saying still waiting for docket number. 

Definitely consider changing VSO's. Some are really great and others seem to care less. I have been to the BVA and also to a DRO visit. In both cases, I met with my VSO's well ahead of time. They did not just sit in the meetings and watch. They participated. There is no reason why she should have had no representation at the BVA. I am sorry that you and your wife had to go through this.