BVA and VA help after seven years

[USAF1013]

Hello,

I am a USAF veteran that was medically discharged in 2013. I had my wisdom teeth removed, and they severed the nerve prior to deployment, rendering me unable to deploy. When I separated my disability claim was denied because it was filed under medical instead of dental. I hired an attorney and have been going through the VA process since. Now in September of 2019 I was finally awarded a place on the BVA docket, however the VA never sent a Form 9, and further more, my Senator had to get this fixed (which it ultimately was). My question is whether or not I should stay in the traditional system at 154,000 people in front of me, or move into the new system and attempt to get a judge faster? Also, according to the BVA site, apparently I can advance on the docket due to the VA mishandling my paperwork. Has anyone had any luck with that?

Ultimately I am just trying to figure out what to do because it has been almost seven years now, and I am looking at another four years in line at the BVA and could use some help because my attorney is worthless and has not helped at all.

Thank you to anyone and everyone that helps.

[GeekySquid]

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

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

yes you can request to be advanced. It is unclear if just waiting 7 years will be sufficient reason (in the view of the board) to advance you.

If you initially filed incorrectly, the people who decide about advancing you on the docket, may consider that the root cause for the delay.

you say the Form 9 issue was corrected, but not how long ago. That date may affect their decision. An error corrected is often considered "not in play" even when that error is the cause of a delay or other problem.

In historical context having to wait many years for a BVA hearing is nothing unusual. The VA and BVA were rather indifferent to that situation as a normal course of events. The AMA process seems to change that.

Consider delving into the new processes deeper to make sure if you have to give up anything by moving to the new system. If you do, then you must decide if that trade off is acceptable.

 

[USAF1013]

Thank you for responding. To fill you in a little bit about this ill give you more detailed information.

One of my BVA appeals is SEP2017, with my place at 80,000 per the VA website and seeing where my place is in line to get assigned a docket number. The other one is from this summer 2019.

As far as the form 9 and my attorney, what happened was when the DRO assigned an 1151 to my claim and referred it to the BVA, my attorney told me everything was fine. In May of 2019 I called my attorney to see what was going on with my case, as I do every 6 months, and the attorney once again told me that everything is fine and we are just waiting for my docket number (which at this point has been close to two years)

After talking with my attorney, I called PEGGY, and was reffered to the BVA number, where I was informed that the BVA sent a Form 9 to both my attorney, and I, and since we did not fill it out and send it back my claim was dropped.

At this point in June 2019 I contacted my Senator and my Congressman to see if they could get this fixed. I also called my attorney, and they claimed that they did not know this occurred (The VA claimed they sent the Form 9 in January, and as of May my attorney was still claiming everything was fine) Luckily for me, the Senator fixed this, and got the Form 9 approved so my claim was not dropped as the BVA said that it was going to be.

I do not want to fire my attorney, although I believe that they are giving me information to benefit themselves (As they get a percentage of backpay and the longer this takes, the more they get) Which is why I am asking about AMA, because I was selected to enter the RAMP program early since my original claim goes back to 2013. My attorney advised me against it, and continues to advise me against it stating that I give up all rights to appeal, and that if I am denied I have no further avenues to pursue.

As far as my docket number I have one grouped appeal for 2017 at 80,000 AS OF TODAY, and one for the summer of 2019 at 147,000. My Senator, Congressman, and a Veteran Advocate for the Disabled Veterans all said to go into AMA because I am looking at another three to five years. Reading your response, it seems like you agree with this, as you pointed it out.

I still have not received anything from the BVA regarding the 2017 appeal, and obviously I have a long way for the 2019 appeal.

I understand trusting the attorney, and I do not think I could do this myself, I never did, which is why I hired them in the first place, and have stuck with them, and will continue to do so. I am just wondering if my senator, congressman, and vet advocate are right is being suspicious of being told not to opt into AMA, because this will go before a judge earlier and them not making an additional percentage of the backpay?

As for the BVA stating that an advancement of docket can be awarded for mishandled paper work the link is

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

Administrative error (resulting in a significant delay in docketing your appeal)

 

I believe that I should have a claim for that considering no VA Form 9 was sent out, and my Senator validated that and had to get it resolved