Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

BVA


hurryupnwait

Question

  • Answers 6
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

6 answers to this question

Recommended Posts

  • 0

I was wondering how the BVA would handle a  form 9 that was filed on Jan 3, 2012.  It sat waiting to be certified to the board for almost 8 years.  Would they feel an urgency to move on it because of the date?

Link to comment
Share on other sites

  • 0
  • Moderator

Yes, BUT, 7 years is not unusally long for VA/BVA.  The board is required to do them in "docket number order", and they dont have control over how long it takes to be docketed.  

So, they blame the VARO.   Its like that all over VA...dont worry about fixing the problem, just fix the blame on someone else.  

  I have a 2008 appeal docketed at the BVA ahead of you.  Its from benefits I applied for in 2002.  

The "Dec.2017" obviously means "if nothing goes wrong" and, "something always goes wrong" as you pointed out.  There is always a "glitch" in getting us our money.  If there were those glitches in getting VA employees paid, then those employees would all quit.  

I say they should "trade"...whoever works on paying VA employees, should be assigned to paying Veterans, and vice versa.  Then, VA employees would be waiting 4, 5, or 10 years to be paid, and Veterans would always have theirs straightened out in 2 weeks...by next payday.  

According to the link I posted for you, above, I think you have an average of 643 days, but that is after the appeal reaches the BVA.  

Link to comment
Share on other sites

  • 0

That's a good question- the real question is why it sat at a RO for 8 years.

I had an I-9 at my VARO for 2 CUEs - 2003 and 2004  that were not resolved  until 2012 .

It was 2 simple and obvious CUE claims.

When I filed my AO IHD claim in 2010, my claim was sent to 2 or 3 wrong ROs, then finally to the Nehmer Philadelphia RO. I wrote to this VARO, telling them of those 2 CUEs , set for BVA transfer but never sent to the BVA- because they hinged on my IHD death claim.

They awarded one CUE ( SMC) and awarded direct SC for the IHD-the CUE appears to still be open,  but -long story- I requested a full audit of my claims ,with a complaint to the IG, and  letter to the person at IG who does audits and to both RO directors involved.

Maybe I will get an answer on what you are going through.

One thing is for sure- the VA has made every mistake in the book on all of my claims, as a surviving spouse.

The director of my RO even tried to get me to believe a false statement, totally disproved by the evidence they have.*******

They even attributed my husband's death to possible overdose of cocaine-he didnt even drink and they had a full autopsy and toxicology report showing only VA meds in his system.`996- I overcame that BS.

I told the IG and others above ,with proof that VA had withheld a signficant amount of money from me in three separate situations, that took a past Regional Counsel , and the GC in DC, to resolve.I know my 2012 audit is wrong.

 

******* I need to get this issue resolved for all other surviving spouses, if their veteran spouse was 100% Total SC and died , their death makes the 100% SC ,if continuous to death, a Permanent Disability.

That is BVA case law and stated quite clearly by th BVA , as well.

The director of my VARO wanted me to believe that any veteran with 100% SC, or 100%  1151 SC continuously in their lifetime, is not Permanently disabled with it when they die.Even in spite of a P & T status noted by 2  or more VA doctors, loss of Voc Rehab,  and an autopsy indicating 6 areas of significant brain trauma. that VA caused ( FTCA/1151).

Somewhere here ,under a search ,is the regulation for requesting an Advancement on the Docket and that might help you.It might be a form at the BVA web as well.

 

 

 

 

 

 

 

Edited by Berta
weather at high altitude
Link to comment
Share on other sites

  • 0

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

The BVA explains the criteria here for Advancement on the docket- it explains the criteria for that- and has to take the form of a Motion-

there should be a Motion template here somewhere-it does not have to be fancy-

Just state Motion for advancement on Docket, and put below it:

(Your name)                                                                Date:

V.

Secretary Robert Wilkie ,Veterans Administration          C file #

And follow the criteria at the above link ,stating why you shoud be advanced, and count your exhibits, list them and total  them at the end, and make sure you name, address, and C file# is on all of them.

We have one of two members who asked for this advancement here.

Link to comment
Share on other sites

  • 0
  • Moderator

Yes, Several hadit members have received an advance on the docket. (AOD)

I SHOULD have used AOD, but was unaware of it in 2005.  It wouldnt have mattered, tho.  The Board awarded me SC, and the VARO decided it should be 0 percent.  

I find it difficult to beleive that VA can find, or create this many glitches without some sort of managment intervention driving it.  Of course, I know the VA finds or creates glitches which always delay our benefits.  I think they do that with management direction, tho VA management wont admit that.  I too, was lied to by VARO management, "even when" I had evidence to the contrary.  That manager was promoted and now works at VACO.  There is no such thing as firing a VA employee for lying.  But, if a Vet lied to get benefits, rest assured he will be reduced or severed SC, there are many examples of that.  VA employees get away with it, Vets are punished for the same crimes.  

I actually think that "lying to Veterans" is a prerequisite to getting into VA management.    

Being on hadit for 10 plus years, I realize that my glitches are not unique, they find or create glitches for almost all Veterans.  

I met a female Veteran in my town that thought Va was doing a great job.  They awarded her 100 percent for MST in 4 weeks.  That is from initial application.  I have not seen nor heard from her for several years, and dont know how to look her up.  

I wish I knew how she managed to get her claim through there "glitch free".  I do know it helps to do a thorough job with your application.  I had a VSO.  

Its my opinion that evidence continues to be shreded or deleted.  My 2012 RBA is very different than my 2017, RBA.  Not just "new stuff" was added, but old stuff was deleted, too.    During that period (2012-2017), I am pretty sure that is when VA went "electronic" and scanned in all Vets records, or many of them at least.  

Scanned in records, however, dont "scan in" everything.  For example, my xrays are not there.  Supposedly the radiologist "interpretation" of xrays is there, but mine are not.  

 

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • How to get your questions answered...

    question-001.jpeg

    All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.
    2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.

    Leading to:

    Post clear questions and then give background info on them.

    Examples:

    • A. I was previously denied for apnea – Should I refile a claim?
      • was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?
    • B. I may have PTSD- how can I be sure?
      • I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

    Note:

    Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

    This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines