Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

BVA working fast

Rate this question


Berta

Question

 

VA’s Board of Veterans’ Appeals resolves record number of claims to date for FY 2018

 "WASHINGTON — Underscoring the U.S. Department of Veterans Affairs’ (VA) pledge to reduce the wait time for those appealing disability benefits claims, the Board of Veterans’ Appeals, as of May 27, has signed more than 53,650 decisions to date in fiscal year (FY) 2018, which is approximately 86 percent more than the 28,839 decisions signed through the same period last year.

 The Board is currently on track to meet and exceed its FY 2018 total goal of reviewing a historic 81,000 appeals by Sept. 30, 2018.

This pace paves the way for implementation of the Appeals Modernization Act, which has a target implementation date of Feb. 14, 2019, and will offer Veterans more choice and control over their claims and appeals process. 

“I’m proud of the Board for its dedication and commitment toward resolving appeals decisions for Veterans, and striving to reach a historic fiscal year goal of 81,000 appeals decisions delivered to Veterans,” said VA’s Acting Secretary Peter O’Rourke. “The Board’s significant increase in results for Veterans and their families serves as another strong example of the department’s commitment to getting it right for Veterans.”

In FY 2017, Congress allocated the Board approximately $42 million, which was used to hire additional staff, primarily more than 200 decision-writing attorneys and 24 Veterans law judges. The increase in staff, along with streamlining several processes, contributed to the result.

VA’s Board of Veterans’ Appeals’ mission is to conduct hearings and decide appeals in a timely manner. VA’s disability appeals process is a complex, multi-step adjudication process that uses “open records,” which allows Veterans to submit medical and lay evidence at any point from the beginning to the end of the process, including while the claim is pending on appeal; this may, in turn, require VA to develop further evidence on the Veteran’s behalf."

 

https://www.va.gov/opa/pressrel/pressrelease.cfm?id=4066  June 4, 2018 5:02 PM

 

 

###

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

2 answers to this question

Recommended Posts

  • 0
  • Lead Moderator

This is good.  However, if you read the BVA "chairmans report" for 2017, you can see that the Veterans appeal "does not even reach" the BVA for more than 1200 days.  That is, the VARO has to issue a SOC, then, after the Vet files the I9, the VARO has to "certify" and send it to the BVA.  This means the VARO "sits" on your appeal for almost 3 years before they even send it to the Board.  

Speeding up the BVA is good, but the real slow part happens BEFORe THE BVA.  A typical claim is only at the BVA for a year, and the other 4 years is super slow VARO.  Why dont they fix that, too?  

My NOD was filed in early 2017, and its not at the BVA yet.  In 2020, the VARO will get around to mailing it to the BVA.  Talk about "snail mail", that is it.  

Link to comment
Share on other sites

  • 0
47 minutes ago, broncovet said:

 

My NOD was filed in early 2017, and its not at the BVA yet.  In 2020, the VARO will get around to mailing it to the BVA.  Talk about "snail mail", that is it.  

It took ten years for my NOD to reach the BVA,  I had the hearing about one month ago and I still await the decision... good luck but based on my situation it will be a while

                                                                                I am not a lawyer so take my opinions with a grain of salt...

If I had listened to the nay sayers, I would never have acheived any ratings after I was awarded TDIU in 1999. Now I have not one but two 100% ratings, a TDIU  and 4 SMC awards !  I say JUST GO For It

Two things are infinite: the universe and human stupidity; and I'm not sure about the universe.” -Albert Einstein.

 

 

 

 

 

Link to comment
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


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • kidva earned a badge
      First Post
    • kidva earned a badge
      Conversation Starter
    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use