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Appeal is in front of a bva judge

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dsd84dsd

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The "Average time" is contained in the BVA chairmans report.  Since we dont know, for sure what stage your appeal is in..we dont know even if its docketed.  Remember, just because ebenefits says so, does not mean that ebenefits is accurate.  

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

All this said, if your claim is docketed, and your VSO has filed his brief, then it should not take more than a few months at the BVA level..this is just "my experience" not an average.  

Even if the BVA grants, remember your VARO has to "implement" the decision and this can take anywhere from a month, up to 3 years, as it has been for me.  

(I had one BVA decision implemented in about a month, and I had to fight the VARO for 3 years to implement a second BVA decision).  

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Ok.   As I explained before, who told you it was "on the judges desk"?  

1.  If it was ebenefits, that is unreliable.

2.  If it was a VA employee, its unreliable. 

3.  If it was a VSO that isnt reliable either.  

But, lets assume its really "on the judges desk" AND you have a proper docket number.  In that case it should only be a few weeks to a few months.  

Im suspicious, however, of who told you that, because that information is kept from Vets.  You can obtain the docket number.  (By the way, what is your docket number?  If you dont know it, there is a good chance you dont have one..and it will be several years before its your turn.  

BVA decision are done "in docket number order" unless you have been given an "advance on the docket".  

"On the judges desk" sounds like someone is making something up.  I have been to the BVA at least 4 times, and no one notified me when it did reach the judges desk.  

    I dont want to be the bearer of bad news...BUT, unless it was your attorney, I have doubts whoever told you this is accurate.  Tatoo this on your arm, if necessary, and refer to it whenver you talk to a VA employee, or VSO:

    

Quote

You can not beleive everything every VA employee, or VSO tells you.  

   When in doubt, see the quote above.  

Edited by broncovet
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Let's hope Im completely wrong about this, and, indeed, someone told you the truth.  I will be happy to eat crow in that case.  That is your best case senario.  

Here is a good way to find out:  Tell me your docket number.  Again, its not a good sign if you dont have one or cannot obtain the same.  Right now they are probably working cases with docket numbers from 2014 (according to the website.  Source:

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

If your docket number is before 2014, OR, if you have an advance on the docket, your case could be with the judge.  

But if your docket number is sooner than 2014, its not likely.  

 

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Remember this:  The procedure for an appeal to the BVA is:

1.  You file a NOD.  

2.  The RO may grant (via a DRO review or dRO hearing), or else you get a SOC.  

3.  You must file an I9 within 60 days of the SOC.  

4.  Sometime (much later) the VARO "certifies" your claim and sends it to BVA.  

5.  Your VSO gets it, and prepares a brief for you.  

6.  Your case is then sent to the board for docketing.  

7   After docketing, your case will be decided in docket number order with exceptions for hardship cases.  

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7 hours ago, dsd84dsd said:

It's on judges desk right now being worked on

You don't have long the judge will grant the claim or denied or remand it.  The judge

will make a decision very soon. IT could take a while to get the decision in mail but 

not long for the judge too decide it. jmho

Edited by porgee
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