Legacy Appeals; Decisions Dispatched

[Indy_CV62_OS]

Researching the VA Legacy Appeals bottleneck and have some information which might be helpful.  I am in the Legacy Appeals program and I want to share whatever I have learned.  According to Comprehensive Plan for Processing Legacy Appeals and Implementing the Modernized Appeals System
Public Law 115-55, Section 3 the VA Board has dispatched 81,033 decisions in FY 2018.  Do some basic math and there are 260 working days p/year so their output is about 311 decisions per working day.

My Appeal is still at the RO and waiting on Certification.  According to va.gov there are 110,742 Appeals ahead of mine, so, if I apply the math above, my Appeal should take about a year to get to the Board.  Just a quick review of the process: File Form 9 (Prior to the new AMA which began Feb 2019) and it currently takes 623 days to get the Appeal Certified by the DRO.  Once the Appeal reaches the Board, we should get a Docket number and a 90 day window to submit new and material evidence directly to the Board.  The time from Certification to Hearing is about 17 months and then an additional 5 to 6 months after the Hearing to get the Board's Decision.

I've spent the last several days watching Congressional Hearings non stop.  There are a bunch of unfilled positions in VHA and VBA.  The VA has adequate funding and the new Law to adhere to.  I just can't determine what they're going to do about the backlog building each year.  Anything new, I'll report it here.

Ray

Edited April 28, 2019 by Indy_CV62_OS
added qualifier

[ShrekTheTank]

Indy_CV62_OS you are very close on everything you put on here for the legacy appeal.  As for the back log the new appeals lanes are supposed to be dealing with those, but from what I can see if they are getting done faster, but at a much higher denial rate.  

so one piece I have see is they are cramming through legacy appeals to get them done and move to the new system.

Currently, the Board is generally distributing cases to Veterans Law Judges (VLJs) for adjudication with docket dates up to April 2017.

So last year when my case went to the BVA I was march of 2014 the backlog is moving much faster and you can't go by that back log number on VA.gov.  

Also once you get certified they may just move you to the new system anyway.  Just gotta wait and see.

 

[broncovet]

I agree with both of the above.  You have done your homework, and prepared properly, minding your 5 p's.  

The VA WANTS Ramp to be a success, and, the VA has promised Vets who opt in to RAMP will be put ahead of those in Legacy appeals while waiting on a board appeal.  

IF you are in Legacy appeals, having done your homework, Im sure you know there are 2 major steps you must make to get your appeal moving on to the BVA, and you have done both of them:

1.  File a NOD of the decision within a year on the NOD form. 

2.  File an I9 (Appeal to the BVA) within 60 days of the SOC.  

      If you dont complete BOTH of these steps, your appeal is considered abandonded, and will be withdrawn from consideration without a decision.  

[Indy_CV62_OS]

5 hours ago, shrekthetank1 said:

Indy_CV62_OS you are very close on everything you put on here for the legacy appeal.  As for the back log the new appeals lanes are supposed to be dealing with those, but from what I can see if they are getting done faster, but at a much higher denial rate.  

so one piece I have see is they are cramming through legacy appeals to get them done and move to the new system.

Currently, the Board is generally distributing cases to Veterans Law Judges (VLJs) for adjudication with docket dates up to April 2017.

So last year when my case went to the BVA I was march of 2014 the backlog is moving much faster and you can't go by that back log number on VA.gov.  

Also once you get certified they may just move you to the new system anyway.  Just gotta wait and see.

 

Shrek....I never considered that....the part where my appeal gets certified and then goes AMA.  But the new process has three lanes and the Veteran chooses one of those.  Pretty sure I'll remain Legacy.  The numbers on va.gov sort of jive with the Boards Metrics page.  I appreciate your input and I will do a bit more digging on the higher denial rate in order to clear out backlog.

[Indy_CV62_OS]

5 hours ago, broncovet said:

I agree with both of the above.  You have done your homework, and prepared properly, minding your 5 p's.  

The VA WANTS Ramp to be a success, and, the VA has promised Vets who opt in to RAMP will be put ahead of those in Legacy appeals while waiting on a board appeal.  

IF you are in Legacy appeals, having done your homework, Im sure you know there are 2 major steps you must make to get your appeal moving on to the BVA, and you have done both of them:

1.  File a NOD of the decision within a year on the NOD form. 

2.  File an I9 (Appeal to the BVA) within 60 days of the SOC.  

      If you dont complete BOTH of these steps, your appeal is considered abandonded, and will be withdrawn from consideration without a decision.  

Bronco....scared me half to death...whew.  My Lawyer filed NOD within a day of Rating Decision; Sept. 2017.  We got the SOC and then filed Form 9 Nov. 2017.

Let me get my heart off the floor.  I'm good.  We're sitting with the DRO in Philly.  Either they will Grant or Certify

[Indy_CV62_OS]

Update: From VA Appeals Metrics page, the Board is dispatching 1805 decisions per week, thru week 29 of FY 2019.  So far, they have offered 34,835 Hearings with 5406 no shows.  Actual Hearings is 11,012...some quick math...there are some 18,000 Hearings unaccounted for.  Hmm.