Docket Number Assigned But NOT Given

[HorizontalMike]

Checking on eBenefits I have found out that my BVA appeal has been assigned a "Docket Number", however that docket number has NOT been given to me.  My lawyer, lately has been of no LUCK to me in answering my emails or phone calls.  Appears too busy to pay attention to these kind of details {sarcasm}.  That said...

QUESTION:  How do I find out what my Docket Number is?

Posted on eBenefits (below):

11/29/2017

Awaiting Place on the Docket

Generally, the Board is required to decide appeals in docket order. Your appeal was assigned a docket number based on the date VA received your VA Form 9 (Substantive Appeal). Your appeal is currently waiting its turn for assignment to a Veterans Law Judge based on your docket number.

11/29/2017

 

[Gastone]

Mike, that BVA Docket Number is 17 - ?????.  Did you or your VA Lawyer file for a Hardship Advancement on the Docket?

Without the "Hardship ADV" all previously assigned BVA Docketed Appeals, as well as those receiving "Hardship Adv" after your Docket Number, will hit the "On Deck Circle" with a VLG before yours.

In the past, when you have reviewed BVA Decisions for 15, 16 and 2017, did you see any current year Docketed BVA Decisions, I certainly don't recall any? As your Appeal nears the top of the pile, you will receive a BVA Notice of "90 Day N & M Evidence Submission Cut Off."

This BVA Appeal is for Sleep Apnea, right? Any chance you could post or point me to previously posted  redacted copies of the C & P SA DBQ and the VA SA Denial Letters?

[HorizontalMike]

My BVA appeals are for MDD service connection and Sleep Apnea.

BTW, the case I posted the link to IS/WAS NOT mine and is current 8-30-2017.  I found it while doing a search of the 2016-17 Decisions.  I was ONLY pointing out the BVA clarification regarding the legal requirement to rate a separate diagnosis separately #8045 TBI).

My concern is that the BVA is using all of the "EXAMPLES" listed under #8045, as being all-inclusive related list even though the language clearly states for example "...One or more neurobehavioral effects..." and "...Examples of neurobehavioral effects are:... Irritability, impulsivity, unpredictability, lack of motivation, verbal aggression, physical aggression, belligerence, apathy, lack of empathy, moodiness, lack of cooperation, inflexibility, and impaired awareness of disability. Any of these effects may range from slight to severe, although verbal and physical aggression are likely to have a more serious impact on workplace interaction and social interaction than some of the other effects..." 

In other words, for example say that I was rated under #8045 Residuals TBI for Neurobehavioral - Irritability level3.  Does that ALSO mean that all of those OTHER examples above (under @8045) are now off-limits to another diagnosed disorder like/under MDD that should be evaluated separately?

 

[HorizontalMike]

Gastone said:

"... As your Appeal nears the top of the pile, you will receive a BVA Notice of "90 Day N & M Evidence Submission Cut Off..."

 

Is that notice given BEFORE the actual cutoff?  Or just telling you too late?

[Buck52]

I could be all wrong here Mike  but if you have additional evidence send it to the BVA  as soon as you get it.

[Buck52]

oh yeah I understand about what you guys are saying here  about how some attorneys want that fast turn around with getting paid.  that is the normal for most attorneys  and its sad but true.

What I was referring to was=

 there are attorney's out there that put the veterans better interest first and inform the veteran as to what to do and expect and even have the veteran to file for other things that the veteran never knew he could,  and get the higher level  rating  or maybe SMC's if warranted   ect,,,ect,,& stand by the Veteran at the BVA  CAVC ect,,ect,,

Most good attorneys that have the veterans better interest at heart  make boo-coo $$ Anyway, and there in this to help and not so much the $$$  not to just get a % of retro and say bye bye Adios  amigo , but we need to also realize were not the only veteran a good attorney reps,  they have boo-coo others  veterans to help but a good attorney will always find the time to help you and keep you up-dated and let you know which way to go.

John Dorley is one of those kind of Attorney's. & Attorney Travis Studdard , THESE ATTORNEYS DO HAVE THE VETERANS BETTER INTEREST AT HEART.

jmo

[Buck52]

Most of the time you can get a lot of questions answered by just tuning in or calling into the Hadit Podcast Radio Show with Jbasser and j cook.

They have some of the Best Attorney's on the show as guest and its an great opportunity to call in ask your questions.

They had attorney Travis Studdard on a few evenings ago Thrusday night I believe...he could have answered most of these questions and you be better off  and its all free!