BVA just keeps up the Delays

[jfrei]

So when I called today apparently they are just sending me a letter that states we are trying to withdrawal your request for a hearing. It was faxed in on the Feb 8 and my motion to advance was granted and the VA sent me a letter dated on the Feb. 26. But today apparently they are just sending me a letter saying they're are working on fixing why it still says in their computer that they're still trying to schedule a central office hearing. Expedited they tell me nothing takes to months to withdrawal a request when no hearing was every scheduled. They will take so long they are going to schedule a hearing take even longer with my appeal say it was my fault they now have to cancel it even though they had the request months before it was scheduled. Who can help with this matter? I am so furious for the past week it was they are waiting to pick it up to review.

[jfrei]

Its hard to get a hobby when unemployed looking for work and focusing on the delays, it is my hobby. This VA has infected my head and I cannot get it out of my head no matter how hard I try,hearing my wife yell at me , even when I see it moving, I cannot stop it. I am sorry for everyone having to deal with this obsessive compulsion it seems never ending to me but maybe there is a light coming down the road. I call the hotlines as much as I type on here not one all three to get the same confirmation trying to see if one was lieing. Believe me when I say I do email my attorney not so much as I used to but still allot I counted all and I have over 600 emails to him since 2014. I email Iris all the time and get answers I've emailed Allison Hickey before step down and Ted Ebert initially before his promotion and now I am waiting for a judge review probably in the next few months. Again I would like to apologize as I have my attorney and Ted Ebert.

[jfrei]

16 minutes ago, broncovet said:

I would recommend 2 things:

1.  Get a hobby to occupy yourself in the long BVA wait.

2.  Ask your attorney the questions you asked us.  

But I really don't think it is a long wait as a far as my appeal is.

[broncovet]

No offense intended jfrei, but I thought that same thing back in 2002.  VA is experts at delay and denial.  

Here is the reality.  Lets say, its true your BVA is advanced, and you DO get a board decision "soon", say within 6 months or less.  Great.  Did you know that about 46% of Board decisions are "non decisions" and remand?    This is your ticket back to the hamster wheel.  Its right back to the delays, and you will be awaiting a "real" decision that does not have the word "remand" in it.  

Ok, so 46percent are remands and most of the rest are awards or denials.  Depending on who is representing you, your denial rates range from a low of about 13 percent for attorney's to 26 percent or more for most of the VSO's.  Lets consider both senarios:  You are not one of the 46% of remands, instead your claim is eitether awarded or denied. 

Lets first say your claim is "granted".  YOur in the money, right?  Not so fast!!!  The RO decides the disability percentage not the board.    So, even if you are in the lucky 25 percent or so where your claim was granted, some of these will be lowballed at 0 percent.  One of my claims was in this category.  "Granted" and the RO came back at 0 percent.  zip.  zilch nada.  Try taking a 0 percent grant to the bank and making your house payments.  But its not over yet.  Lets say you dont get remanded, you dont get denied, you dont get lowballed, but you do get hornswaggled on the effective date.  So, you get a pittance of what you should have and its back to the hamster wheel.  

Now, lets say for a minute "all the stars" are in your favor and line up.  You dont get a board remand, you dont get a denial, you dont get a lowball, and you dont get a bad effective date.  

You are not home yet.  The RO still has to implement the board decision.  It took the RO 3 years to implement my board decision.  Thats 3 more years AFTER the long wait  for the board decision.  And, the RO never did get it right so I had to appeal and its back to the BOARD all over again.  

The only reason I mention this is because I have had my heart broken, too.  With "awards" that went to zero percent grants.  With "remands" that were not implemented.  With effective dates that were wrong.  

I have had 19 RO decisions, 3 BVA decisions and 2 trips to the CAVC, and I still only have a portion of the benefits I beleive I should be entititled to.  Out of all my decisions, only 3 netted any money, and those were only partially favorable, and all had to be appealed.   One of these appeals was ignored, and Im still trying to fix a March, 2004 NOD that the VA just plain forgot about.    

I hate it when VSO's make you think you will get a board decision any day and your check will be on the way.  Its largely a fallacy.  

Dont get me wrong.  I hope you are one of the few who gets to end this here.  The Board is fully favorable, and the RO quickly implements it and you get your check.  For me, the odds of that happening are about 1 out of 19, because only the 2009 decision awarded serious benefits.  The other 2 were the RO throwing me an old bone with almost no meat on it to keep me from growling.  

[broncovet]

Please dont be mad at me..Im just the messenger.  Again, lets hope you get a quick, favorable decision that is implemented quickly and the dozens of times that went wrong for me, were mostly my fault.  

[jfrei]

Thanks brovonet I do value everyone's advice and I have used everything people have suggested in here. I have just got one of those suspense  dates for my claim completion for the BVA it is May 14. Don't know if that really means anything since I know the RO is never are right.