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Why it takes about 5 years to appeal to the Board

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broncovet

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The 2014 BVA Chairmans report is here:

http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2014AR.pdf

On page 22, the "time frames are listed".  Here they are:

NOD to SOC     330 days.  

SOC to I9          39 days (This is the Veterans time to file I9)

Substantive Appeal Receipt to Certification and Receipt of Appeal at the Board    681 days

Receipt of Certified Appeal to Issuance of Decision                                           357 days

Remand time factor                                                                                      311 days

Total NOT INCLUDING the time "with VSO"                                           1718 days  or 4.7 years  Total.

Unfortunately these numbers are from 2014, where they explained the number of cases to the board has already increased, big time, so your claim will likely take MORE THAN 5 years, and that assumes "nothing" goes wrong, and your case moves along at an average pace.  

REMEMBER, this assumes your case will NOT sit at your VSO's office, and this is not true.  Mine sat in the VSO office for an additional 18 months.  This means filing a NOD now means you probably wont see a BVA decision on it until year 2022 or 2023, maybe even later.  

Edited by broncovet
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  • HadIt.com Elder

This is the reason why veterans should perfect their claim and  get everything correct, like evidence , How you present it (word it) the whole 9 yards.

START OFF WITH YOUR COMPLETE NAME & CLAIM # & ADDRESS/EMAIL PHONE # DATE  and then follow the VA Regs and ''quote'' them back to them in your claim with good explanation's

When you say something to the VA & its there own Regs  get that Reg # out and quote it back to them  ''As it is stated in'' CFR 34 4 (b)  ect,,,ect,,what ever the case maybe.

Read about your disability before you file  read the CFR's Read BVA Cases that pertains to YOUR disability learn what the VA wants and requires,study these things and you will learn fast.

Re-look your claim over and over before you send it to the VA   Make sure you have your Nexus Correct...All your records are in place to back up what you say and what your claiming!

Have a cover index sheet at the top of your summary stating what it is,  first off, like your lay statement in support of claim name the document by VA # 21- 4138

Give out the correct VA Form #'s you send in and Identify them.

 And  things like Evidence see page  #2  ect,,ect,,,

Nexus to my service connection I am claiming page 3 ect,,,ect,,

Statements from my VA Doctor  ( Phyistrist)  Page # 4

Statements from my Private  specialist  Care Doctor see page #5

Page # 6  with his/her credentials 

ect,,,ect,,neatly type written  try to use good grammar if you possible can.

This is only examples  be sure and have it in order as to how you present your claim with it in organized fashion as to the layout of your claim with a numbered illustration just make your claim is well organized and be sure and put your claim # on each page  and  CC (carbon copy) for your records .

This will be easy for them to read it if you type your claims statement out,   type all your statements to the VA,  if you send anything in PENCIL BE SURE TO MAKE IT DARK.& neatly written.

say things like ''this INFORMATION is included on page 4 Author is, Dr John Smith and his credentials are as followed  bla bla bla

with this said  be sure you paragraph your claims where it needs to be and do not write it with your words all group up join together.

If you can't type or anyone in the family  just check with your local library or community center  offer to pay for the paper and their time

Do not Joke around in your claim or anything you think is funny be totally serious.

At the end  Thank them the best way you know how  but keep it simple

Thank you in Advance for your  valuable time and patients 

Re-guards

 Johnny Q Veteran   claims # 123-45-6789

When you present all the facts and medical evidence, and you proved your claim should be Service Connected and present it in a professional manner  it makes the raters Job a lot better and helps put the rater in a better mood. and 90% of the time you will be approved.(DEPENDING ON THE ''CORRECT''EVIDENCE YOU SEND)

Make your self a complete copy of this claim you send in to the VA just like you sent it in  keep it in a safe place.

get your claim right the very first time and your likely as not going to be denied.

 Not good to have to go to the BVA 

jmo

...............Buck

Edited by Buck52
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  • HadIt.com Elder

bump bump

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Notice, from the above numbers:  ONLY 357 days of this 4.7 years is delay by the BVA.  The "other 4 years" is your VARO sitting on your claim, getting it ready for the Board and doing the required SOC.  (And, of course, this still does not include your VSO sitting on it also.  My VSO took 18 months)  

I think this is "on purpose".   You see, the VARO's are mad that we hollered about the backlog.  So, they say, "fine".  Well fix the backlog.  So they deny everything, and add another 4 years to the appeal backlog, just because of spite, that they did not get their way.  They sent a message:   We are VA and we take as long as we want so more Veterans can become homeless.  If you complain again, we WILL make it worse.   This is why we need VA accountability.  In the real world (non VA) this would not happen.  

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  • Content Curator/HadIt.com Elder

If that doesn't define red tape, then I don't know what does...

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  • HadIt.com Elder

I think there suppose to shop your claim around to other RO's and see if it takes less time..

I know my RO is Waco Tx  its one of the 3 main RO's that has a long waiting period to decide claims.

Last Year the claims intake center must have shopped around with my claim   it ended up in Salt Lake City, UT

Which only took 4 months

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