REMANDED Case Process Question

[chiefhouse00]

Greetings

I have six remanded claim issues (DOCKET NO 11-12-911) pending BVA rating decision.  I checked the status today (via email) and got the following answer: "Your appeal was received at the Board on November 18, 2015. The claims file was sent to your representative Disabled American Veterans on November 27, 2015 for review and submission of additional arguments on your behalf. When the review is completed, the case will be returned to the Board for consideration. The Board, as required by law, will consider the appeal according to its place on the docket. You may contact your representative directly. For your convenience I have provided contact information for you." Is this a normal BVA process?  I plan to call DAV Appeals in DC tomorrow to find out what is going on.  Any advice.
 

Best Regards

Chiefhouse
 

[lotzaspotz]

Yes, that's normal.  The Board remanded it for reasons addressed in the decision. This is also your opportunity to provide any additional evidence that may exist, like a doctor's medical opinion.  You may also be called in for a C&P exam, for instance.  Once the Board receives the information it needs, you'll receive a decision.  If it's a denial or you disagree with the percentage awarded and/or the effective date, the DAV can't represent you if you appeal a Board denial to the Court of Veterans Appeals.  You'll need an attorney or licensed agent authorized to practice before the CAVC.

[chiefhouse00]

Greetings,

Thanks for responding to my post.  This hold thing has been dragging for several years now. Have you had a chance to review my DOCKET NO 11-12-911?  I'm hoping for good results. Thanks

Best Regards

Chiefhouse

[broncovet]

You posted. 

"The claims file was sent to your representative Disabled American Veterans on November 27, 2015 for review."

 

This is a good reason to NOT have a VSO.   Understand what is happening here.  Because you have a VSO, your claim is put in ANOTHER waiting list, this time at the DAV.  It isn't bad enough we have to wait and wait and wait for the VARO and The BVA, but the DAV wants part of the "long delays" also.  

Back in 2012, when I was still figuring it out, I saw that ebnenefits show my appeal, "with VSO".  After a couple months, I called the VSO office (after they refused to return my calls), and asked why my claim was "on hold at the VSO".  They responded, "Oh, there is no delay to the Veteran.  The "place in line" at the BVA is already determined so your claim isnt being delayed by the DAV."    I found out that is absolutely false.  I did not get a docket number until AFTER the DAV "prepared the review", which took them 18 months to do a 2 page "brief".  

Make no mistake:  Your VSO is helping to delay your claim even more.   

I remember when I applied, back in 2002, the same thing happened.  I filled out the paperwork through the VSO, and noticed the VA did not "receive" the claim until 2 months later.  Do the math.  Since my effective date (will be) 2 months later, this means my "free VSO" cost me about $6000 (3000 times 2 months) in lost compensation that I will never be able to recover.  

[armyrob]

I have to agree with Broncovet. I had a similar situation last year when my appeal was being certified to the BVA. In 2009 I fired my VSO in writing -- date stamped at the VARO when I submitted the VA Form 9. When it was being certified to the BVA in Aug 2015 the VSO tried to hold it up. I quickly pointed out that the VSO no longer represented me. I received a BVA decision in Dec 2015 -- and guess what? The representation on the BVA Decision still shows the VSO. So now I am having to go through the route of taking this out of their hands...again.

The VSO will certainly hold up the entire process.

[chiefhouse00]

Greetings

WOW!  I hope this delay and additional review  by DAV will help my case...I have been waiting since 2009 when I first filed my claims.  Thanks for reading my post and advice.

Best Regards

Chiefhouse

[chiefhouse00]

Greetings

Is there anything else I can or should do besides wait? 

Best Regards 

Chiefhouse