VBA Law Judge

[dolfanbls]

What happens after the law judge makes a decision on your claim? Does he have the last say or does it go back to RO for reconsideration? Is the process long or short once decision is made?

 

[john999]

After BVA you can go to Court of Vet Appeals and even to federal court for them to review the decision.  From VARO to Feds took me almost 8 years if I remember but that included many remands.  I was doing a CUE and I lost in the end.  I had a lawyer and I still can't believe I lost.   I had the evidence, but failed to file an appeal in 1973.  The Courts burned me for that rash act of a 23 year old.

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[Gastone]

Look at VA Lawyer Chris Attig's post regarding an interview with a SR BVA Final Decision Judge, very informative.

As I recall, the take-away was, no your BVA Hearing Judge does not have the "Last Word," there is a Sr Judge that makes the final Decision. It sounded like the duty of the Hearing Judge, was to be sure all Legal Questions and Evidence was reviewed, confirm RO's compliance, determine if any Remands are necessary and make a recommendation to the Sr BVA Judge, that he Clerks for.

Barring a Remand, seems from most posts, not unusual for a Final BVA Decision to take +/- a year.

Semper Fi

[RUREADY]

bull I  don't why you keep telling people about Chris and as far as your judge

I think the judge that handle your hearing will be the one who decide

your claim. you cant have a hearing with one judge and the same claim get

sent to another judge, don't sound right to me. RU

[dolfanbls]

How long does it take the Judge to make a decision once they have picked up the file?

 

 

 

 

 

 

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[broncovet]

BVA claims are processed it docket order, unless you have an advance on the docket.  According to the BVA chairmans report, it takes about 4 to 5 years for BVA to make a decision after the Nod is filed.  Only about 2 to 3 years of that is actually at the board, the VSO messes with it 18 months and your ro another 18 months before it even gets to the board.  So after about 2 more years. you should see something.  However, the Board is getting more and more backed up all the time, so 2 more years may not be enough.