Jump to content
  • Searches Community Forums, Blog and more

  • 0
K Turner

BVA Docket Date "The Long Wait"

Question

I am at the stage of Appeal to the BVA as follows:  notice of disagreement effective November 2015  w/Claim certified on 3/24/2016 and waiting for a non-video hearing as established in coordination with  Washington DC via the Winston- Salem, NC Region Office.   Currently, as of 7/20/2017, I am being told by customer service at the BVA in DC, "we are working on claims Oct 2013...."  

 Question: what if anything might I do at this point? As it currently stands it could be another three years ( year 2020) before I receive  a hearing.   And although I am content and satisfied with my attorney, I am dis-heartened  that the only person winning here is my attorney drawing 20% of excessive number of years wait time.    Also my congressman is sympathetic but has no ability to do anything.  

I'm just 1 of  hundreds of thousands of veterans in the same situation.  I just cannot understand  how our Great Nation is allowing this to occur.   And  I do not believe this is in line with the Mission, Vision, Core Values & Goals of The Department of Veterans Affairs.  https://www.va.gov/about_va/mission.asp

 

Share this post


Link to post
Share on other sites

4 answers to this question

Recommended Posts

  • 0

I know how you feel. I'm still waiting for mine from 2014. The only way to speed the process is to file for hardship, and then you would still have to wait. I have been told they were working on Sept 2014 in Dec.  But keep getting pushed back due to remands. Sorry, it's going to be a waiting game to see if they start catching up.

  • Thanks 1

Share this post


Link to post
Share on other sites

Ad

  • 0

You're not alone. Many times here our members will tell others to get a hobby or something to that effect and honestly unless your case gets advanced there is not much else you can do.

They are currently things going on that the Congress is supposed to be working on ( https://www.congress.gov/bill/115th-congress/house-bill/2288/all-actions?q={"search"%3A["congressId%3A115+AND+billStatus%3A\"Introduced\""]}&r=1&overview=closed#tabs ) to help the times but even if it goes well it's going to take VA a long time to implement changes. Sorry ? 

Thats about all I know I can tell you or anyone else that's wondering. Here's the link to check what month and year they're working on currently- https://www.bva.va.gov/CustomerService.asp

Look under the red line that says helpful information.

  • Thanks 1

Share this post


Link to post
Share on other sites
  • 0

Your attorney is not "drawing" 20 percent.  Beleive me, they earn it.  How would YOU like being paid in 2020?  Representing Veterans as an attorney is far less lucrative than many other areas of law, that is why there are so few Veterans attorneys.  Social security lawyers collect a higher percentage in a shorter period of time.  

Its almost difficult to find an attorney who will represent you, wait 5 years, on the chance they will get paid 20 percent.  Im suprised how many attorneys there are who are willing to wait 5 years for their money.  Very few people sign up for a job they dont even get paid for until 5 years later, and then only maybe get paid.  

If being an attorney is so lucrative, you can go to law school in that 5 years and represent yourself.  Apparently Ben Kraus did just that.  

 

  • Like 1
  • Sad 1

Share this post


Link to post
Share on other sites
  • 0
6 hours ago, broncovet said:

Your attorney is not "drawing" 20 percent.  Beleive me, they earn it.  How would YOU like being paid in 2020?  Representing Veterans as an attorney is far less lucrative than many other areas of law, that is why there are so few Veterans attorneys.  Social security lawyers collect a higher percentage in a shorter period of time.  

Its almost difficult to find an attorney who will represent you, wait 5 years, on the chance they will get paid 20 percent.  Im suprised how many attorneys there are who are willing to wait 5 years for their money.  Very few people sign up for a job they dont even get paid for until 5 years later, and then only maybe get paid.  

If being an attorney is so lucrative, you can go to law school in that 5 years and represent yourself.  Apparently Ben Kraus did just that.  

 

You point is valid.  And your tone concludes that it is not just our Nation Veterans who are being negatively affected. As I stated, I am satisfied with the results of my attorney. She is a professional and appears to be well-versed and I remain blameless of the legal profession. What is clear (and I hear your frustrations....in your response) is the "legacy appeal" process currently at the BVA is "absurd".    What we know is that this backlog is a direct result of the backlog of claims (600,000+) that were rushed- through (thrown-over-the-fence) the system in 2013.   Many of these claims are now in the appeals process.  This too shall pass.   Thank you for your  support and your reply.  V/r

 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Our picks

    • Sleep apnea- does the DBQ cover the "medically necessary/required" language?
      Hey everybody! Long time lurker, first time poster.

      My question is regarding the sleep apnea language that specifies that a prescription of a breathing assistance device is "medically necessary" for a 50% rating:

      Assuming that a vet is already prescribed a CPAP/APAP by the VA, does the sleep apnea DBQ portion under 2B "IS CONTINUOUS MEDICATION REQUIRED FOR CONTROL OF A SLEEP DISORDER CONDITION?" fulfill that language requirement?
      • 27 replies
    • VBA testimony and GAO report-C & P examiners
      As you all know, C & P exam results control almost all types of claims. VA employees have no choice but to go along with a negative C & P exam that will deny a claim. Some vets are quite willing to rebutt faulty exams and ask for a new C & P exam. For others, it will take a costly IMO/IME in most cases. Ben Krause has this article at his site today: http://tinyurl.com/y9co6zac
      • 9 replies
    • Lumbosacral Strain and Vertebrae fractures caused by osteopenia
      Hi.  I have a couple questions and welcome all recommendations for my disability claim.  I am currently 10% disabled for lumbosacral strain and deferred decision for this and vertebrae fractures caused by osteopenia.  I had a MRI February 2018 and results include moderate compression fracture of L1, mild to moderate compression fracture of L2, moderate to severe compression fracture of L3, mild compression fracture of T11.  Additionally, L3 moderate spinal canal stenosis, L2 mild to moderate retropulsion with mild spinal canal stenosis, multilevel degenerative changes, multilevel disc bulges, disc herniations, L1-L2 mild broad-based disc bulge with mild spinal canal stenosis, L2-L3 mild broad based disc bulge with mild to moderate spinal canal stenosis,  L3-L4 mild to moderate broad based disc bulge and severe bilateral neuroforaminal narrowing.   I have read that these malfunctions should have been claimed individually.  Will the VA evaluate/rate each condition separately?  If not, I may have to appeal or submit a new claim.  What are some thoughts and suggestions.  Do these disabilities belong in the lumbosacral strain or the vertebrae fractures caused by osteopenia.  I am totally in the dark on this stuff.  I am pretty sure no diagnosis codes have been assigned.  What can I do to support my claim?  HELP!!!!!
      • 2 replies
    • Ignore Members Who Annoy You - How To
      How To Ignore Members Who Annoy You

      I'd love it if we all got along, no one had a bad day and everyone respected each other however, living in the real world it just doesn't work that way.

      If you find a member adds no value to your knowledge on a topic hover over their name and then choose Ignore User. You cannot ignore moderators and admins but you can ignore others.

      Thousands of veterans have come here for over 20 years to find answers and support. I wish we could help each and every veteran, but some we cannot. Sometimes folks just rub each other the wrong way and that is where the Ignore User feature comes in. Ignore the user and move on...
      • 1 reply
    • Ignore Members Who Annoy You - How To
      How To Ignore Members Who Annoy You

      I'd love it if we all got along, no one had a bad day and everyone respected each other however, living in the real world it just doesn't work that way.

      If you find a member adds no value to your knowledge on a topic hover over their name and then choose Ignore User. You cannot ignore moderators and admins but you can ignore others.

      Thousands of veterans have come here for over 20 years to find answers and support. I wish we could help each and every veteran, but some we cannot. Sometimes folks just rub each other the wrong way and that is where the Ignore User feature comes in. Ignore the user and move on...
      • 1 reply
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Our picks

    • Sleep apnea- does the DBQ cover the "medically necessary/required" language?
      Hey everybody! Long time lurker, first time poster.

      My question is regarding the sleep apnea language that specifies that a prescription of a breathing assistance device is "medically necessary" for a 50% rating:

      Assuming that a vet is already prescribed a CPAP/APAP by the VA, does the sleep apnea DBQ portion under 2B "IS CONTINUOUS MEDICATION REQUIRED FOR CONTROL OF A SLEEP DISORDER CONDITION?" fulfill that language requirement?
      • 27 replies
    • VBA testimony and GAO report-C & P examiners
      As you all know, C & P exam results control almost all types of claims. VA employees have no choice but to go along with a negative C & P exam that will deny a claim. Some vets are quite willing to rebutt faulty exams and ask for a new C & P exam. For others, it will take a costly IMO/IME in most cases. Ben Krause has this article at his site today: http://tinyurl.com/y9co6zac
      • 9 replies
    • Lumbosacral Strain and Vertebrae fractures caused by osteopenia
      Hi.  I have a couple questions and welcome all recommendations for my disability claim.  I am currently 10% disabled for lumbosacral strain and deferred decision for this and vertebrae fractures caused by osteopenia.  I had a MRI February 2018 and results include moderate compression fracture of L1, mild to moderate compression fracture of L2, moderate to severe compression fracture of L3, mild compression fracture of T11.  Additionally, L3 moderate spinal canal stenosis, L2 mild to moderate retropulsion with mild spinal canal stenosis, multilevel degenerative changes, multilevel disc bulges, disc herniations, L1-L2 mild broad-based disc bulge with mild spinal canal stenosis, L2-L3 mild broad based disc bulge with mild to moderate spinal canal stenosis,  L3-L4 mild to moderate broad based disc bulge and severe bilateral neuroforaminal narrowing.   I have read that these malfunctions should have been claimed individually.  Will the VA evaluate/rate each condition separately?  If not, I may have to appeal or submit a new claim.  What are some thoughts and suggestions.  Do these disabilities belong in the lumbosacral strain or the vertebrae fractures caused by osteopenia.  I am totally in the dark on this stuff.  I am pretty sure no diagnosis codes have been assigned.  What can I do to support my claim?  HELP!!!!!
      • 2 replies
    • Ignore Members Who Annoy You - How To
      How To Ignore Members Who Annoy You

      I'd love it if we all got along, no one had a bad day and everyone respected each other however, living in the real world it just doesn't work that way.

      If you find a member adds no value to your knowledge on a topic hover over their name and then choose Ignore User. You cannot ignore moderators and admins but you can ignore others.

      Thousands of veterans have come here for over 20 years to find answers and support. I wish we could help each and every veteran, but some we cannot. Sometimes folks just rub each other the wrong way and that is where the Ignore User feature comes in. Ignore the user and move on...
      • 1 reply
    • Ignore Members Who Annoy You - How To
      How To Ignore Members Who Annoy You

      I'd love it if we all got along, no one had a bad day and everyone respected each other however, living in the real world it just doesn't work that way.

      If you find a member adds no value to your knowledge on a topic hover over their name and then choose Ignore User. You cannot ignore moderators and admins but you can ignore others.

      Thousands of veterans have come here for over 20 years to find answers and support. I wish we could help each and every veteran, but some we cannot. Sometimes folks just rub each other the wrong way and that is where the Ignore User feature comes in. Ignore the user and move on...
      • 1 reply
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×

Important Information

{terms] and Guidelines