How up2date is VA.GOV, BVA appeal status page?

[retiredat44]

How up2date is VA.GOV, BVA appeal status page? or is it yet another mystery the VA gives us?

I was wonder is it it weekly, or monthly, or?

 

I was sent a form asking if wanted to submit more info, etc.. I submitted a statement, and checked waive the 60 days, do not send to RO. Decide my claim now.

It appears they got back the remands and the AMC finished my remands and sent whatever it was back to the BVA Judge.

Since I waived the 60 day wait, etc... almost a month has passed... So, that 60 day waiver is smoke and mirrors. Or the Status page hasn't been updated in 2 months.

The status page says the judge is getting more information, which I take it was the info that the AMC had and returned.

I know asking when is not something anyone can answer, but it is now going on 11 years for my claims, or at least my claims since the 1990's.

 

Edited September 18, 2019 by retiredat44

[broncovet]

The Va updates Vet.gov, or ebenefits pretty much when and how they do everything else:  

Quote

They do it "when/if" they want to and not a second sooner.  

Like yourself, it would make sense to update it daily, weekly, monthly etc., but the VA prefers "willy nilly", instead.  

Then, when they do update it, there is about a 50 percent chance its wrong.  

Still, 11 years is too long.  THis may be a good time to consider an attorney.  You are "stuck" somewhere, and you need to find out where to fix it.  Do you have a copy of your cfile?  What does peggy say?  You can at least try sending in an IRIS email for an updated status.  

[retiredat44]

bva judge has it... it said (months ago) the status page said bva judge is making decision, then they changed that back to judge is getting info, sent something as a remand to the appeal management center, then it came back and I got a form saying before they make a decision, it asked me if I had anything to add and if I wanted to waive the 60 day wait... I told them make the decision and I waived the 60 day wait. So, again, the BVA judge is supposedly making the decision, and I waived any wait. But, there is no change in the status during this wait. So, the waiver for the 60 days is a joke, or they are making the decisions and are not updating that status. Can't be both. or can it.

[retiredat44]

btw.. so, the way I read the decisions... I have at least 6 contentions, they granted Felxion, I believe for my left knee. The way I read about flexion, they automatically apply it to both limbs, left and right. Depending on the degrees, it can go from '0' percent on up.

If per say, it was 30 percent, whether it was combined percentage of both legs or just one. Then added using VA math chart for combined, it would bring me up to near 70 percent and be rounded to 70. Higher if more and higher Flex. 50% Plus my 10% (my current disability percent has been 60%) the flew brings it up to at least 70% or more. Assuming they don't lowball me at 0%.

 

If al my other contentions for some reason end up being denied or lowballed, The 70% plus TDIU would bring me up to 100% Permanent and Total.

 

But, if enough of my contentions go up to 100% or more, than no need for TDIU.

 

So, I lost the ability to work in the 1990's, got SSDI for permanent total disability in 1995. (actually was to sick to work by 1990, but screwed up and they fought me for several years.)

So, I have 2 solid ways of getting the retroactive P&T.

I am not sure how much percent I will get for Parkinson's, assuming they grant it as they should I have a zillion neurological tests and observations of it over many year.

The BVA hearing judge (several years ago) asked me, the very first question was did my illness get diagnosed on active duty on the job, and my answer was an honest yes. MY Judge seemed very good, very fair.

Not sure if I am winning the 1151.

But I have many strong contentions, and many ways for them to add up.

The main problem was the VARO screwed it all up and they BVA had to have it all fixed. Hence, all the remands.

I just don't get why they didn't give me an advanced docket and speed it up, I do remember him writing for it to be advanced for hardship. The diseases II have a often fatal quickly, and for some dumb reason have no killed me off yet.

 

[retiredat44]

does the BVA send all remanded appeals to the AMC at one time, or separately ? In Other words, do they send them all in one batch, and the AMC send the fixed remands back in one batch, or do they only send them back one at a time, until all are sent back from AMC to the BVA ?

this has been absurd. The BVA started remands to the VARO, then to AMC.

The BVA had my live hearing March 2016. One year later I had some really screwed up C&P's (one so bad the made me repeat it). Since then they have gone through the remands to VARO, and the latest in the last year or two was first the VARO, then the final year was AMC. The whole 3rd year is started with making decision, then the last six months chanced to remands again with AMC.

Then they sent a form saying what do I want, to send  in any more evidence,,, which I did a statement and document, and also checked off waive the 60 day wait for the decisions and don't send anything back to VARO. And the Status  currently says remands (apparently those are with the AMC). This whole thing started with claims from 2008. and denied and sent in as appeal 2009. I am 30 days into the 60 day wait waiver for decisions.

 

These people are cruel. incompetent, inept, cruel, etc.

 

 

[broncovet]

 You posted that you "read the decisions and they granted xyz".  

Does this mean you got the envelope from the BVA?  If you did, this should clarify.  

If you have a representative, and he looked it up on VBMS, then you need only wait for a decision.  

Once you get a Board decision, it has to be implemented by the VARO.  

If you are basing this on ebenefits, we stress that ebenefits isnt reliable and you have to wait for the envelope.  

I do feel your pain, however.   Im waiting on a BVA decision myself, after a CAVC remand.  (Remands from the CAVC are supposed to be done "expiditiously").  

I have been in some sort of appeals since 2002.  

Your representative isnt going to be able to tell you "how quickly the VA will update ebenefits", because, as I explained, the informaiton on ebeneifts is unreliable.  

I also understand your urgency, considering that you have Parkinsons.  

My suggestions:

1.  Contact your representative who can give better answers to "when".  

2.  Dont "revolve your whole life" around ebenefits.  Instead, get a hobby and do something you love.  Visit your grandkids.  Go fishing.  Play chess.  Read.  Do things on your bucket list you can do, even if its only being nice to someone.  

3.  You cant change the world, so be the best you that YOU can be.  Share love, whenever possible.  Look for opportunities to do so.  

4.  Dont do any more "When..then's".   Example:  WHEN I get married, THEN I will be happy.   WHEN I get my VA benefits, THEN I will be happy.  Instead, choose to be happy now, content with what you have, and dont let these 3 happiness destroyers get to you:  a) Picky people (or even most people), pain, problems.  

Read the book of Phillipians.  Its a joy.  

[retiredat44]

They were changing it from making decision to getting more evidence, then back and forth.... then AMC .... then I sign the 60 waiver and for BVA to finish the decisions, then it sticks there for several months... they just do not communicate they mislead with what steps they are on.... then I read AMC is a black hole where it can again drag on forever. . All I want is honesty from the VA. Too much to ask. Yes, would be nice to do things but can't do things. Too sick. Other issues with the va with dishonesty. They also have me in another nightmare with my doctor retiring.

 

So, am I screwed in a new black hole with the AMC ? Or is that good?

 

update:

 

I see lots of info on the AMC. although, much is opinion

https://rightardia.blogspot.com/2010/07/is-va-appeals-management-center-failure.html

Edited September 29, 2019 by retiredat44