726 days and counting NOD

[bolt_vet23]

I've had an outstanding NOD for almost two years.  I've personally contacted the VA as well as my congressman and have been told that there are other more pressing claims that are being worked.  My personal opinion, for what it's worth, is that my NOD is pretty solid since I have an IMO from the VA doctor and my personal doctor supporting the claim to include the required VA language (i.e., more likely than not...).  Any ideas on how to get this NOD processed? 

Thanks 

[jfrei]

What exactly is it for? How many issues is on the NOD? More details 

[broncovet]

Unfortunately, 2 years is not unsual.  Does your appeal show up on ebenefits?  Did you file a NOD, on the applicable form, and then file an I9 in response to the VA's SOC within 60 days?  

If you did not do both things (file a nod in 1 year from decision) and (file an I9 within 60 days of the SOC), you wont have any appeal pending.  

Did you get the SOC?  

You need to let us know where you at for us to advise you.  

Check the BVA chairmans report:  BVA appeals are now taking about 5 years or more.  Source:

https://www.bva.va.gov/Chairman_Annual_Rpts.asp

The VA is quite content to make you wait 5 or more years on an appeal decision.  They LOVE delays.  I have been in appeals since 2002...for a total of 15 years, and mine is by far, not the longest delay.  

Edited July 31, 2017 by broncovet

[Gastone]

B_V, you are waiting on a DRO Hearing, right? My Det RO DRO Hearing took about 4.25 yrs back in 06/2014.

After I finally got around to filing at the 11th hour (2010) for filing a NOD, I really didn't get antsy for the Hearing until about 3 yrs (mid-2013). As I recall, all info regarding DRO Hearings at the time, indicated 3 to 41/2 year wait-times were not unusual. I started with the VA 800 Help line, no real info. My (2) different VSO's didn't have much info, other than a number of "Diary Dates" noted in my C-File, had come and gone.                                                                                                                               At some point in 2013, while reviewing the M21 for DRO Procedures, I came across the DRO's ability to request an "Informal Evidence Conference" with the Vet or his VSR, in advance of the Vets actual DRO Hearing.  It was mentioned that a DRO could also make an Award during or after the Conference.   I filed a 21-4138 01/2014, Officially Requesting an "Informal DRO Evidence Conference.  It showed up on my E-ben as a New Claim.      I never got the "DRO IEC," but I did get a DRO Hearing notification in early 05/14.                                                                                             You might want to give it a try, I'm not sure it helped but someone in the Rating Dept had to look at my New Claim, right.         Semper Fi

[bolt_vet23]

@jfrei - The NOD is for sleep apnea. The VA diagnosed me with sleep apnea and issued me a CPAP, but said it was not service-connected.  After meeting with the chief Neurologist at the VA, he said that it was definitely service-connected based on my records and offered to write an IMO.  I also had an independent doctor write an IMO.  

@broncovet - Yes, the appeal shows up in eBenefits.  Here's what it says:  

Appeal Pending - Notice of Disagreement

VA has received your Notice of Disagreement. You will be receiving a communication from VA in the near future describing the next steps of your appeal.

Date not available

All paperwork was filed within the required VA window.  The RO has responded to my request and my congressman's stating that they are processing more important claims right now and that no further information is available.  

[bolt_vet23]

@ Gastone - When you request an informal hearing and it shows up as a new claim, what is the effective award date?  I don't want to lose over two years of back pay just to expedite the NOD.  Thanks

[broncovet]

Like it or not, your choices are:

1.  Apply for an "advance on the docket" due to hardship, if indeed this is a hardship.  BVA regurarly grants hardship advances for very old Veterans, and sometimes Homeless, or about to become homeless Vets WITH CHILDREN.  I was about to become homeless and they did "nothing", probably because I did not have children "at home", or, because that is they way they do it.  

2.  Wait your turn.

3.  Contact the white house.  

None of the above will likely get immediate results.  A 5 year delay is pretty much "built in" to the appeals system nowadays.  

     Make no mistake.  All of this delay is "not" the BVA.  Much of it is the Regional Office, who "sits" on your appeal for a couple years before they do anything.    You should check to see if you have a docket number at BVA.  I think they are processing 2013 docket numbers, that is, from year 2013.  If you dont have a docket number, then its likely going to be another 4 years if stuff remains the same.  2017-2013 equals 4 years.  The BVA chairmans report makes it clear that wait WILL increase, due to the increase volume of appeals.  

     What happened was, there was a huge million claims  backlog.  To "fix" the backlog, then went through and denied claims "en masse".  Many of those appealed, now we have a huge APPEAL backlog, that is actually worse than before.  

 

Edited July 31, 2017 by broncovet