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Remanded Appeal back at BVA!?

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SecurityForces03

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Hi all,

After contacting the VA Secretary, my appeal has left AMC and is back at the board. During that week process, my DAV Representative wrote an arguement for me regarding my remand. Looked excellent.

I received an update on Friday through ebennies that my case is "Pending Hearing Request/Scheduling".

Does anyone have a clue when the next step could be and if that next step is "With Veterans Law Judge?". My appeal has a docket date of 2012.

Thanks All!

SF03

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Like I said earlier, you case sounds like it could "pop" at any time.

I also like the sweet sound of the word "expeditiously".  The VA "may" wait for the EDD to be adjudicated before releasing your case for payment.  Though I have seen, and been led to believe that once an affirmative decision is made regarding the major issue, the ratings board gets started, and then viola, retro is paid.  From the experiences of those cases I read on this board, the rating specialist usually act quickly, and the disbursement office even quicker.

Here's a double-handful of "Hope" for your expedited success.

 

 

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Just now, TexasMarine said:

Like I said earlier, you case sounds like it could "pop" at any time.

I also like the sweet sound of the word "expeditiously".  The VA "may" wait for the EDD to be adjudicated before releasing your case for payment.  Though I have seen, and been led to believe that once an affirmative decision is made regarding the major issue, the ratings board gets started, and then viola, retro is paid.  From the experiences of those cases I read on this board, the rating specialist usually act quickly, and the disbursement office even quicker.

Here's a double-handful of "Hope" for your expedited success.

 

 

This board had a lot of positivity tonight! I'm liking it. Well, since it was remanded, the RO went in my favor. My DAV representative wrote a great arguement to back it as well.

Since this is the remand and it's already back at the board, I'm hoping the judge gets it soon and can decide on the EDD. The EDD was the only part of the remand, the rest of my appeal was decided and retro was already paid. If the EDD goes through, it should be at 70% for approximately 7 years. That's a lot better than the 10% I was originally given!

Thanks for the support! I'll be keeping an eye out on ebenefits!

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7 hours ago, SecurityForces03 said:

Hi all,

After contacting the VA Secretary, my appeal has left AMC and is back at the board. During that week process, my DAV Representative wrote an arguement for me regarding my remand. Looked excellent.

I received an update on Friday through ebennies that my case is "Pending Hearing Request/Scheduling".

Does anyone have a clue when the next step could be and if that next step is "With Veterans Law Judge?". My appeal has a docket date of 2012.

Thanks All!

SF03

When your appeal was remanded by the VLJ at the BVA, it lacked development or some oversight that prevented the judge from deciding it. S/he sent it out on remand to the BVA's private RO (the AMC) to cure the defect. They repaired it but it remained denied so they attached a SSOC and sent it back up to the VLJ for readjudication. 

What then appears to have happened is that someone (your VSO rep?) asked for a Board Hearing or you checked off on box 10 b, c or d on the Form 9 back when you filed it. The staff attorney for the VLJ just noticed it. You now will probably have to wait another six months to a year for a Board hearing for the requested hearing to be scheduled at your local RO. That would only be if you asked for a video conference. If you want a live travel board hearing, it may take 16-18 months. After the hearing, the VLJ will render his decision. That will probably be a year or more following the hearing date.  These estimates might be a little generous with the huge backlog at the BVA these days. 

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7 minutes ago, asknod said:

When your appeal was remanded by the VLJ at the BVA, it lacked development or some oversight that prevented the judge from deciding it. S/he sent it out on remand to the BVA's private RO (the AMC) to cure the defect. They repaired it but it remained denied so they attached a SSOC and sent it back up to the VLJ for readjudication. 

What then appears to have happened is that someone (your VSO rep?) asked for a Board Hearing or you checked off on box 10 b, c or d on the Form 9 back when you filed it. The staff attorney for the VLJ just noticed it. You now will probably have to wait another six months to a year for a Board hearing for the requested hearing to be scheduled at your local RO. That would only be if you asked for a video conference. If you want a live travel board hearing, it may take 16-18 months. After the hearing, the VLJ will render his decision. That will probably be a year or more following the hearing date.  These estimates might be a little generous with the huge backlog at the BVA these days. 

Some of this sounds right but some doesn't. According to my DAV Supevisor at Washington DC Appeals Office, he said the arguement for my remanded potion has been completed on Friday has already been sent back to the VLJ for the second review. 

DAV rep said 30-60 days max. This is based on docket number and that this appeal has already been through review once. I'm taking it with a grain of salt, however, he has been spot on so far. Maybe it has to do with his position and location. Hope so.

by the way, I've not asked for a traveling board or one at the RO. The DAV is representing in lieu of those options.

Edited by SecurityForces03
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