Help Understanding "The Board" and CUE

[Christina]

Hello,

Thank you for reading. I will do my very best to explain this. I have an attorney that got me 100% SC PT; the effective date was November 2012 till well now; it is ongoing is what I mean. He also filed something with the Board called a CUE for earlier effective date to when I first filed in Florida in 2004. This April 2016 it will be 2 years I have been waiting. I am running rather inpatient because I don't understand the process the way I would like. I went to the Board webiste on VA.GOV and it states this, " Currently, the Board is generally distributing cases to Veterans Law Judges for adjudication with docket dates up to October 2013. " But 3 months ago it said that too and I dont know what it means; I also don't understand what is taking so long. Had the other VA regional offices done this right the first time then WE would not be here today. So, can anyone help please?

[lotzaspotz]

You had an attorney, which meant you were denied at the RO and appealed to the Board.  The Board granted the claim, but you disagreed with the effective date based on a CUE your attorney says the Board committed, is that right?

[Christina]

I am sorry; I had filed by myself from 2004- to 2012.....then I got an attorney...he wrote a brief I guess that got the RO in Oklahoma to change their decision. Then after that filed with the board April 2014. Is that better?

[Berta]

"he wrote a brief I guess that got the RO in Oklahoma to change their decision."

" Then after that filed with the board April 2014. Is that better? "

How did the RO change their decision?

Did they issue a new decision after they got his CUE brief?

You can try to reach the BVA ombudsman at bvaombudsman@va.gov to see if you can get a better status .

But it is not unusual for BVA appeals to take years.

 

[broncovet]

Christina

   Welcome to hadit. 

    As far as specific questions in your case, those are best answered by your attorney who knows you in detail.  Many of us can/do answer specific questions, even if you have an attorney, but that would require you posting a decision, a letter, C and P exam, etc., blocking out your name/identifing information.  Getting a specific answer requires specific information, general answers can be done with general information.   

    The other question I hear from you is "Why does it take so long?"  

   Sadly, there are no good answers to this.  Sure, you can go the the BVA chairmans report, and find the "average" time but you may or may not be "average".   Bart Stichman, for example, reported that it takes an average of 1255 days from filing of NOD to BVA decision.  http://docs.house.gov/meetings/VR/VR09/20150122/102818/HHRG-114-VR09-Wstate-StichmanEsquireB-20150122.pdf

   Unfortunately,  this is actually longer now, according to the Chairmans report, and the backlog increases each year. 

   If you have a "hardship" you can request an "Advance on the docket".  They often grant these to Veterans over 75 years old, or ones who are/have lost their home and are homeless.  

[Christina]

Ok....I guess my attorney filed a notice of disagreement or maybe reconsideration to Oklahoma. I don't understand most of this and my attorney said that it was waiting to go before a Veterans Law Judge....sorry I am not well versed in this at all.

[TexasMarine]

Well, good news, is that it is before the VLJ, which typically means your request for an earlier date is "at" the BVA awaiting a decision by the judge.

A decision on your case could be moments away, or could, as "broncovet"  states above, be months or even years before that decision is made.

Sadly, this happens to many vets.

Please try to find patience with this process.  You will sleep better.