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14 Questions about Veterans Disability Compensation Benefits Claims 

When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about when it comes to filing VA Disability Claims.









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kent101

What are the steps for the BVA and how long do they take.

Question

My appeal for a sinusitis claim is at the BVA according to ebenefits. It says my claim is at intake processing. What are the next steps in the claim and how long do they take?

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BVA appeals generally take "about" 4-5 years from the time you file the NOD.  Do you have a docket number, and/or did you request an "advance on the docket" due to hardship?  

Both of these affect your lag time at BVA.  Part of it is on YOU, and some of it is on your NATIONAL VSO rep, assuming you are represented by a VSO.  

Steps are as follows:

1.  The Veteran gets a decision, and files a timely (within one year) filed NOD, on the applicable NOD form.  

2.  The VA should either award the benefit requested or send you a "Statement of the case" (SOC).  

3.  Within 60 days of your receipt of the SOC, you need to file an I9..Appeal to the Board of VEterans Appeals..on the applicable I9 form.  Should you fail to file the I9 timely, your appeal dies a slow death.  (sometimes not so slow).

4.  After filing the I9, your RO will need to "certifiy" your claim to the BVA.  

5.  About this time, your national VSO rep will need to file a "brief" on your behalf.

(MY National VSO took 18 months to file a brief, then lied to me that it would not delay my claim, as I had a docket number.  This was not the case, according to the BVA, as the BVA had NOT yet assigned a docket number, and the BVA was waiting on my VSO to file his brief.)  

6.  At any time in this process, if you submit new evidence, the RO must do a SSOC

(Supplemental Statement of case).  Its error for them NOT to do a SSOC after you submit new evidence after the original SOC.  

7.  Eventually, your case will be assigned to a BVA judge, in docket order.  

8.  The BVA decides your case, and sends you a decision.

9.  If you are awarded benefits from the BVA, you must wait for your RO to "implement" the board decision.  You also must wait if its a remand from BVA, which is the most likely outcome.  

    This process takes about 4 to 5 years, which will likely increase, and has already increased.  A new BVA appeal will likely take LONGER than 5 years.  For more information see the BVA chairmans report:

http://www.bva.va.gov/chairman_annual_rpts.asp

Edited by broncovet

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How long does it take to get a docket number from the BVA? The reason I asked because my claim just when to the BVA.

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BVA Docket numbers are assigned on a 1st come, 1st served basis. Once your appeal is Certified by your RO and transferred to the BVA, the BVA Intake personnel supposedly assign a Docket Number immediately.

Then your real wait begins! Your Docket Number will be 17 - xxxxx, and you'll be behind every Vet that got a Docket number 01 thru 03/20?,as well as 16 - 15 - 14 and before.

Check out the VBA list of BVA Decisions for 16 & 17, that will give you an idea of where you fit into the BVA Hearing time frame.

Semper Fi

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Where do I find the VBA list ?  Thank you so much to the HADIT family.

Semper Fi

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Also if you happen to go into a finacial hardship or become terminally ill you may get your claim bumped up in line but still wait behind the other few hundred in that same line...

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On Sunday, March 19, 2017 at 5:31 PM, broncovet said:

BVA appeals generally take "about" 4-5 years from the time you file the NOD.  Do you have a docket number, and/or did you request an "advance on the docket" due to hardship?  

Both of these affect your lag time at BVA.  Part of it is on YOU, and some of it is on your NATIONAL VSO rep, assuming you are represented by a VSO.  

Steps are as follows:

1.  The Veteran gets a decision, and files a timely (within one year) filed NOD, on the applicable NOD form.  

2.  The VA should either award the benefit requested or send you a "Statement of the case" (SOC).  

3.  Within 60 days of your receipt of the SOC, you need to file an I9..Appeal to the Board of VEterans Appeals..on the applicable I9 form.  Should you fail to file the I9 timely, your appeal dies a slow death.  (sometimes not so slow).

4.  After filing the I9, your RO will need to "certifiy" your claim to the BVA.  

5.  About this time, your national VSO rep will need to file a "brief" on your behalf.

(MY National VSO took 18 months to file a brief, then lied to me that it would not delay my claim, as I had a docket number.  This was not the case, according to the BVA, as the BVA had NOT yet assigned a docket number, and the BVA was waiting on my VSO to file his brief.)  

6.  At any time in this process, if you submit new evidence, the RO must do a SSOC

(Supplemental Statement of case).  Its error for them NOT to do a SSOC after you submit new evidence after the original SOC.  

7.  Eventually, your case will be assigned to a BVA judge, in docket order.  

8.  The BVA decides your case, and sends you a decision.

9.  If you are awarded benefits from the BVA, you must wait for your RO to "implement" the board decision.  You also must wait if its a remand from BVA, which is the most likely outcome.  

    This process takes about 4 to 5 years, which will likely increase, and has already increased.  A new BVA appeal will likely take LONGER than 5 years.  For more information see the BVA chairmans report:

http://www.bva.va.gov/chairman_annual_rpts.asp

I don't know if I have a docket number. I know ebenefits was updated and says "intake processing" at the "board". Should my VSO know my docket number?

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