Waiting for VLJ to Pick up file

[air1]

Called DC status number to check on appeal and was told that they are waiting on the VLJ to pick up file and make a decision.I then ask was hearing transcribe and he said yes.I ask was everything finish and all need to be done is for VLJ to look over file and make decision, the DC Appeal office said yes.So anyone with more knowledge than I please explain what that mean.Is it on his or her desk and they just walk over and read the info that was noted by the lawyers that work for them or they physically walk down hallway and get file.My case was heard in September 2015 and already transcribe.

[Gastone]

It appears that you had your BVA Video Hearing 09/24/15. You mentioned your IMO was introduced and accepted as Evidence and the VLJ asked a few questions, right.

I've had no BVA experience but have read plenty. Seems that getting an actual reversal Decision in under 12 months from the Hearing date would be unusual, in a good way. If nothing was Remanded for further development, wonder why anything is waiting for pickup so a Decision can be made.

Seems like one way or the other, you should receive some sort of BVA Notice, by end of 16. Have you checked the VA BVA 2015 Awards/Denials, care to share your Docket Number?

Your wait may be almost over.

 

Semper Fi

[jwesley]

My hearing was 07 May 15 air1, and docket date is oct of 2013... Mine is still waiting for the judge to pick it up.

[stillhere]

IF BVA is going by docket numbers for decisions then you have a wait coming up so get in line.

We all hate this wait time and think (apparently wrong) that once our hearing is over and transcribed it should be close to done. But then we come on here at Hadit and find many other vets in the same basket and waiting! MY hearing was June 3 has been looked at and bounced back and forth between VLJ and case processing for the last several months!

It will get done BUT only when the BVA says so!!

Stillhell 

[Gastone]

Check the VA BVA Decisions for 2015. How does your Docket #  compare, Decision wise? It appears that BVA Decisions are posted regardless of Award, Denial or Remand.

Again, Vet's really need to read the Chris Attig interview with the BVA Judge. Long before the Judge's Decision, portions of the file are assigned to the Judge's Law Clerks who research and write up a legal brief for the Judge's review. This has to happen after the BVA Hearing, I would think, in order to take whatever exculpatory evidence might be provided at the time of the Hearing into consideration; requiring a possible Remand.

It would be great, if a Vet thats been through the BVA and obtained their Post Decision C-File, could give a blow by blow account per his records.

Semper Fi

[broncovet]

The law requires the BVA adjuticate cases in "docket number order" unless you have been granted a hardship.  So, here is what happens.  The VA will adjuticate hardship cases which have an advance, then the oldest "docket number order".  

My case has a 2009 docket number and should be adjuticated before your 2013 docket number.   However, my case is somewhat an exception because its a RE-remand, and it took the RO 3 years to implement the first  remand in 2012.    (It should have taken a few weeks, instead.)  

So, to give you an idea of my timeline:

RO denial:  2008.  I timely filed NOD.

RO SOC    2009.  I timely filed an I9, appeal to the BVA. 

BVA decision 2012:  Partial remand, partial denial, partial award.

RO did not implement REmand until 2015.  I filed NOD on remand implementation. This 3year RO delay in implemtation is the big cause of delay.  It should have been 3 weeks.  There is no decision needed, the VARO simply must follow BVA instructions.  If the VSO would not have "sat on it" for 18 months, my case would have been done in a "normal" 3-4 years.  So the delay is partly the RO fault, and partly the VSO.  Moral of story:  Dont trust your VSO and dont trust your RO, they want to delay you another 5 years if possible.  I also want to comment here, I sent an email and letter to VSO complaining of them sitting on my claim for 18 months.  They said my claim already had a docket number so it would make no difference.  That was a lie.  My claim did not have a docket number until after it was received by the BVA, and they send me a letter that the claim has been docketed.  It does not get sent to BVA until AFTER the VSO "prepares a brief" for the Board.  

SOC issued, 2015 (after emailing Allison complaining of 7 year delay).  

2015 Vet files I9, second time, to send it back to BVA disputing the remand implementation.  

2016, (8 years after NOD), I am with BVA judge with a 2009 docket date.   My appeal should have been completed in a "mere" 5 years, but will take more than 8 years, because of RO and VSO delays.  (My appeal sat in the national VSO's office for 18 months while he prepared my appeal to the BVA).  

Edited January 1, 2016 by broncovet

[Gastone]

 2015 BVA Decisions!  If your waiting for a BVA Decision based on your Docket # and not "Hardship," be prepared to get depressed. As of this am, VA list of BVA Decisions is sure to get you down.

10/14/2015 Decision, Docket # 02-13 831 from a 05/13 Board Denial & Remand. This certainly does not bode well for Vets with recent BVA Hearings awaiting the final Decision, Award, Denial or Remand.

Semper Fi