AFTER YOU HAVE BVA HEARING

[paulcolrain]

i see a lot of things on line regarding time frame. most start with the word NOD,,,, well im trying to get a real conversation on time frame. im not asking about returns to bva or when your appeal started,, i know that info.... MY QUESTION IS,,, ONCE YOU MET THE JUDGE IN DC AND DISCUSSED YOUR CASE AND HE SAID THATS THAT,, NOW WAIT FOR MY DECISION,,,,,, HOW LONG IS NORMAL..... HOW LONG IS NORMAL TO WAIT FOR A JUDGE TO MAKE A DECISION ON A CASE HE HAS PRECIDED OVER?

[paulcolrain]

another side note!!!!! i found this on bva for there stats.. though of course i don believe..

http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2015AR.pdf

check out page 29,30, 31 pertains to this post

 

[paulcolrain]

another side note... lol.... 

just to maybe clear up some things.

after an FOIA response i have the papers that show my substantive appeal was sent to the board in September of 2014.... then the BVA signed it in February of 2015... so, according to what im now supposed to understand is,,, Since my Docket # is of 2015 ,,,,,,the docket then is given once the bva says they singed it????? cus that really doesnt add up to what i read on line 

Edited December 16, 2016 by paulcolrain

[retiredat44]

well, mine is complicated, but my BVA hearing was March 2016, and all issues were remanded.. I had some C&P exams in 2016. I don't know if it will take another month  another year, or more... no clue.

I guess it has no time frame at all, even after a bva hearing...

 

my original claims were in 1997. My next set of claims 2009.

BVA hearing was March 2016.

[Wayne TX]

Gastone.......what exactly is a....... "New & Material Evidence Cutoff Letter".......secondly how soon does that normally take to get from the point of filing a NOD?  My VARO is Waco.  Thanks

[Buck52]

Paul

did you e-file? or submit your appeal in writing? snail mail

[Buck52]

In the past, if any additional evidence was submitted which related to the issues under appeal, then the Regional Office had to review the additional evidence, and if the appeal continued, it had to issue a Supplemental Statement of the Case (SSOC) explaining why the additional evidence did not change the prior decision and give the Veteran 30 days to reply.  If yet more evidence was received, another SSOC was issued with another 30 day reply period.  There was no limit to the number of SSOCs which could be issued.  The appeal could not be certified to BVA until all of evidence in the claims file had been considered at the Regional Office level.

If an appeal was certified to BVA and additional evidence was subsequently received, the Regional Office had to either obtain a waiver of jurisdiction from the Veteran or his Representative, or the appeal had to be removed from certified status and another SSOC issued.  Following the 30 day reply period, if no additional evidence was added to the claims file, the appeal could be re-certified to BVA.

This is the stage where many delays occurred because many Veterans have multiple appeals pending in various stages of the appeals process.

  Additionally, they will also have new claims pending in various stages of initial development.  Therefore, every time additional evidence was added to the claims file, the Regional Office Appeals Team had to review all of the appeals to determine if an SSOC was necessary.

  If so, then any appeals already certified to BVA had to be removed from certified status, and the process continued to repeat itself until such time that all evidence in the claims file had been considered in a decision at the Regional Office level. 

It was only then that we could physically transfer the file to BVA jurisdiction.

Effective February 2, 2013, Section 501 (Automatic waiver of agency of original jurisdiction review of new evidence) of Public Law 112-154 took effect. 

This change in law established an automatic waiver of Regional Office (agency of original jurisdiction) review of evidence received after receipt of the substantive appeal. 

The evidence is subject to initial review by BVA unless the appellant specifically requests, in writing, initial review by the Regional Office.

However, to date, we have received no guidance from Compensation Service and Pension and Fiduciary Service on how to implement this provision.