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How many years does it take the BVA to render a decision after hearing?

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8up4life

Question

How long does it take approximately to get a BVA decision after the hearing?

Hard to believe that no one has asked this question before.

All I want to know is if you had a BVA hearing and got a decision, how long did it take?

 

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No (2) BVA Appeals are the same. Do what all inquisitive minds have done, research BVA Decisions listed for 2015,16,17 and 2018. Get back with us with your conclusions.

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Ok thanks, I did not know there was a site that you could search through BVA decisions.

Here is the link for anyone else who does not know https://www.index.va.gov/search/va/bva_search.jsp?QT=&EW=&AT=&ET=&RPP=10&DB=2018

It looks like approximately 4 months from hearing to decision.

I know 2 months of that is waiting for transcripts of the hearing.

I still would like to hear the time frame from vets who have been through this process.

Not the entire timeline of the claim, just BVA hearing to decision. Regardless of Grant, Denial, Remand.

Edited by 8up4life
Forgot someting.
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Next, for your continuing reading Pleasure, see VA Lawyer, Hadit Member Chris Attig's interview (2014?) with a Sr. BVA Judge discussing the intricacies of the BVA Hearing procedures up to and including the Final Sr Judge Decision.

Most Vets think the Hearing Judge is the Final Decision Maker. My take from the interview was, in all actuality, Hearing Judges for the most part, are BVA Law Clerks that make sure all the EOR and/or N & M Evidence has been addressed, Remanded to RO if Necessary if any Legal Steps were missed or further C & P's have been determined to be necessary. Baring the Remand, the Hearing Judge after being sure all the Legal I's and T's are handled, forwards the Appeal along with his recommendation to the Sr BVA Judge.

If your recent review of 15-16-17 and 18 BVA Decisions indicate a 4 month span from Hearing to Decision, that's not too shabby. Did Denials and Awards/Remand Decisions take the same 4 months?

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The "average" times are here:

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

On page 25, (2017 version), it explains what time each process takes.  Its over 1270 days, just to get to the BVA.  So,  if you have been "certified" to the BVA, you should have another 321 days plus 247 days, or about another year and a half.  These are averages.  Of course, then you have to wait another 1 to 6 more months for the VARO to implement your decision, because the BVA does not pay benefits.  

In short you could have another couple years. 

My VSO made me think I would get benefits in six months.  That was 16 years ago, and its not finished up yet.   

 

Edited by broncovet
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Of course, we dont know.  I communicated with a Veteran who had a hearing recently.  (He had an advance on the docket as he was homeless.)  In typical VA style, the VA contracted a group to type up the transcripts of the hearing.  The transcript company had not done that after 6 weeks, claiming they were backlogged.  

This has a direct affect on how long it will take.  

There are also more unknowns.  WE dont know how many cases will "leapfrog" ahead of you since we dont know how many hardship cases there will be.  

Finally, the VA has promised Vets who have "opted in" to RAMP priority at the BVA.  So, we dont know how many of those are ahead of you.  

You may get your decision in days, or even hours.  Or, it could take 2 years or more. "Waiting on a decision" can mean different things.  Im "waiting on a decision" from the VARO to mail my claim to the BVA...and, according to the BVA chairmans report, it takes 1200 days (almost 3 years) for the VARO to certify my claim and mail it to the BVA.  

According to this site, the BVA is handling "up to August 2015" docket dates.  So, if you filed a nod and it made it to be certified by the BVA by august 2015, after the VARO sits on it for its usual 3 years, then you will be about 5 years or more, which is about the normal.  

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

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

 

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