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Legacy Appeals Process Question


Indy_CV62_OS

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Looked at my actual VA Form 9 and there is no Hearing.  It appears as though my Attorney chose Direct Review.  My Appeal is with the DRO awaiting certification...is there going to be another De Novo review before my file is sent to the Board?

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The best person to ask that would be your attorney.  

However, based on your posted information, your appeal is waiting to be "certified" by the VARO to the board.  

According to the BVA chairmans report, it took 485 days on average to get your claim certified to the Board.  

It will take another 376 days to get to the board, and still another 300 days for a decision.  

They list still another 476 days for a "remand time factor" since a remand is very common with the BVA.  

If you got a flat out "win" you may be able to knock a 100 or so days off that for the VARO to implement your decision.  

If you add all these up, I get 1637 days to go, but, I dont know when you sent your I9 in so it could be less.  

Who knows, if things move fast, in legacy appeals, (and you get an award right now, with 0 remands, which is unlikey) you could have a decision by 2022, or 2023.  

I really didnt want to wait until 2022 or 2023, and that is why I opted into ramp, where I got a decision in "about" 180 days.  Naturally, it was denied (as usual).  However, I recently appealed to the CAVC and got a remand.  This probably means I have about 476 more days to go, and I could get a VARO decision, and a check, in year 2020.  

Source:  BVA chairmans report, 2018, available here: https://www.bva.va.gov/Chairman_Annual_Rpts.asp

For ME, Im still in appeals for a year 2002 claim, which was about 6200 days ago.  I have done 4 trips to the CAVC, at least 5 BVA decisions, and about 12 VARO decisions in this 17 years.  Im hoping my "hamster wheel" will wear out in 2020.  

The VA keeps hoping I will die, but Im still here.  They probably check the paper every day to see if I died.  

Edited by broncovet (see edit history)
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13 minutes ago, broncovet said:

The best person to ask that would be your attorney.  

However, based on your posted information, your appeal is waiting to be "certified" by the VARO to the board.  

According to the BVA chairmans report, it took 485 days on average to get your claim certified to the Board.  

It will take another 376 days to get to the board, and still another 300 days for a decision.  

They list still another 476 days for a "remand time factor" since a remand is very common with the BVA.  

If you got a flat out "win" you may be able to knock a 100 or so days off that for the VARO to implement your decision.  

If you add all these up, I get 1637 days to go, but, I dont know when you sent your I9 in so it could be less.  

Who knows, if things move fast, in legacy appeals, (and you get an award right now, with 0 remands, which is unlikey) you could have a decision by 2022, or 2023.  

I really didnt want to wait until 2022 or 2023, and that is why I opted into ramp, where I got a decision in "about" 180 days.  Naturally, it was denied (as usual).  However, I recently appealed to the CAVC and got a remand.  This probably means I have about 476 more days to go, and I could get a VARO decision, and a check, in year 2020.  

Source:  BVA chairmans report, 2018, available here: https://www.bva.va.gov/Chairman_Annual_Rpts.asp

For ME, Im still in appeals for a year 2002 claim, which was about 6200 days ago.  I have done 4 trips to the CAVC, at least 5 BVA decisions, and about 12 VARO decisions in this 17 years.  Im hoping my "hamster wheel" will wear out in 2020.  

The VA keeps hoping I will die, but Im still here.  They probably check the paper every day to see if I died.  

Bronco....my Form 9 was submitted 11/2017, so I've done more than half the wait time.  What I really am hoping to do is to zoom in on the process.  According to va.gov my appeal has been received, it is under review by DRO and I have a secured place in queue.  If my appeal is at the RO and was assigned to a new DRO, is that another De Novo Review or is it just that the DRO certifies the appeal and sends it to DC?

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Either "you" have received bad information, or I have.  

Again, you should ask your attorney.  

If your claim is "under review by DRO", as you posted, you have a very long wait until it gets to the BVA.  After the DRO review, and you appeal, the the VA issues a SOC.  Then you file another I9.  The I9 would have to be certified, again, as I explained in the above post.  

Your attorney is a much better source of info that ebenefits of VA.gov, as those are unreliable.  

Of course, your DRO could award benefits without a trip to the BVA.  

Edited by broncovet (see edit history)
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