Treysnonna

[treysnonna]

Ok I saw on a board of veterans appeals somewhere,  they are saying 5yrs for an appeal.  Is that from the day you file nod or is it from the time of docket?

[Gastone]

Not only the SOC, but any New & Material Evidence that is submitted Post Denial/NOD has to be worked by the RO Rating Dept prior to RO Certification to BVA.

As I recall reading in the way back, if the N & M Evidence doesn't result in the RO Awarding the Appealed issues, an SSOC is also required to be completed and provided to the Vet.

How many Vets, after choosing the traditional BVA Hearing appeal route, send in N & M Evidence at some future point prior to the RO Certification to the BVA? One can only imagine how much additional time is added before the Certification to the BVA can take place.

Semper Fi

[MikeHunt]

15 hours ago, Gastone said:

How many Vets, after choosing the traditional BVA Hearing appeal route, send in N & M Evidence at some future point prior to the RO Certification to the BVA? One can only imagine how much additional time is added before the Certification to the BVA can take place.

Semper Fi

You're looking at it wrong- How much does all this paper shuffling add to official's 'Number of persons supervised', and subsequently their power, pay and influence.

Thanks- Wish I knew more about appeals- Felling I will shortly

[paulcolrain]

ive always looked at the Date of appeals that the BVA is working on that is posted to the customer service website for the BVA. then you look at your Docket number. so if working on November of 2013 and we are in march 2017 thats another 2 years Before they start working on 2015 appeals... just my view

[john999]

The VARO does not have to do anything in a timely manner.  This is why I say to try and get your claims decided in your favor at the VARO level.  Once they get to the BVA it could take years. The last time I went to the BVA I had a lawyer.   It only took about one year to get there but it took six months to get a denial of my appeal and the years to go to the Court of Vet Appeals and back to the BVA and back to the Court and then to Federal Court.  I lost even with my lawyer and what I thought was a slam/dunk.  This is why it is best to try and win at the VARO.  Just throw everything you can at them locally and don't hold anything back.  You have much more access at the VARO than at the BVA and none at the Court.  To wait 4 years for a BVA hearing and then to be denied will easily set you back 6-8 years before all is said and done to you.  I have used the DRO most often and even more than once with the same claim.  Just try and keep it local and wear them down with evidence and good representation.  If you had Berta in your back pocket or Asknod or some other expert it would be nice but lawyers can be good.

 

 John

[MikeHunt]

On 3/19/2017 at 6:47 PM, john999 said:

The VARO does not have to do anything in a timely manner. 

I guess that's my answer. They can just put the NOD on forget?
 

Most people have little to no awareness of the process- Even people who actually do your claims-

How many Vietnam Veterans are denied when there's an APO front and center right on their 2-1, clinic stamp or the 214 says 'RVN?'

In short, being denied is sometime unavoidable.

[Gastone]

Guys, I think we can all agree that the entire VA Comp Claims process is a real trip. The Vets (us) lack of VA process knowledge initially puts him at a significant disadvantage. Quite often the Vet relies on the first VSO-rep he has contact with to counsel and file his claim.

Some Vets can, some can't handle their appeals at the DRO Level. Very few can handle the BVA by their lonesome. Many opt for the VSO Free Representation, sometimes a good, sometimes a bad idea. After Waiting the 5+ yrs for a BVA Denial because either you or the VSO missed something would have to hurt your feelings.

Probably would be a decent idea to get a couple Free Legal Consults from (3) different VA  Appeals Lawyers. At some point, getting the RETRO, is worth the 20% Legal Fee. At the very least you should run your case by the DC Pro Bono Firm NVLSC, don't you think.

TREYSNONNA, your husbands BVA Docket 15 - 02319, I believe indicates his Appeal was the 2,319th appeal docketed in 2015. You might want to check the number of Decisions the BVA has been averaging for the last couple years.

Semper Fi