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An appeal stuck in limbo


Cliche Magnet

Question

I've had an appeal filed since may of 2013.   Back then, the 21-0958 had a checkbox to select that you "would not like the appeal to the BVA", which, at least back then, was supposed to mean that the appeal was seen by the VRO, and if the VRO knee-jerk-denied it, then you could still go to the BVA afterwards.

 

Now, I see that the 21-0958 has been changed so the checkboxes read precisely which review process you are appealing to.

 

At any rate, every time I call the V.A. to find out where the FUDGE my appeal is, they simply state that it has a docket number assigned to it, and that the BVA is backed up so "shut up and wait".  But now I've determined from the BVA call center that it is definitely NOT their docket number.  It's like I have a magical freaking docket number that is useless except to make me think my appeal is in due process.

 

Is there anything I can do?  Should I drive downtown to Denver and ask to talk to the VRO?

 

 

 

 

THANK YOU for your service.

 

 

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Don't feel like the Lone Ranger, your not the 1st Vet to screw up their NOD Filing. Can't go back and "Unscrew the Pooch," with that.

You know your BVA Docket #, right? As I understand your timeline, you NOD'd sometime in 13, did you supply the VA any New & Material Evidence at anytime after filing your Appeal? If so, that had to be addressed by your RO prior to Certifing your appeal to the BVA.

When did you get the BVA notification regarding the "90 Day N & M Evidence submission cutoff?"

As to your wanting to know when, good luck on that. What type of BVA Hearing are you scheduled for, DC, Travel Board or Video Board?

Take a look at the BVA Decisions 2016 & 2015, how long do you think your wait will be? 2+ yrs from Docket # assignment, at least. You didn't indicate that you were Homeless, Dying or going Bankrupt so a Hardship Advancement is out of the question.

Semper Fi

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Thanks for the information.  I haven't received anything whatsoever to indicate that my appeal has been sent to BVA other than since it has some docket number assigned, Peggy keeps thinking that it's a BVA docket number.  But when I called BVA they don't have my appeal.   And why should they, the lawyer indicated the checkbox that it wasn't going to get a BVA hearing, which as I mentioned back then that was supposed to mean an VRO appeal would occur.

 

But you did give me an edge with the N&M route because I do have 3 years of clinician data to submit and perhaps that would get the ball rolling?  

Thanks again.

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