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63Charlie

BVA Appeal

Question

Filed an AMA appeal with the BVA selecting evidence submission with no hearing in April, 2019.

Looking for feedback on decision timelines

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Based on feedback from other members, I would estimate it would take at least one year minimum. Both of mine took two+ years, but that was a very long time ago.

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I would say two years.  Mine also was a while ago though.  It looks like you may be seen by the BVA faster than you can get a legacy appeal through right now.

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Did you send "new evidence" along with your appeal? 

At best, if you told VA you had new evidence and did not send it with your appeal, you will be in a holding pattern until you do send the new evidence.  

  Did you send it to the BVA address or to Janesville?    Has the BVA sent you a letter acknowleding receipt of your appeal? 

If you have a VSO, your Veterans service organization "may" get your appeal and file a brief in your behalf.  Mine did that.  Currently, my BVA appeal is waiting for my VSO to send them a "brief".  

I dont know how long it will take your VSO to do this, or even if you have a VSO.  

Absent the above information, its strictly a guess.  If you have a VSO or attorney with VBMS access, then you will have a better idea how long it will take, because you can better determine what stage its in, whether its docketed.  

It also makes a difference if you are over age 75 (and I dont know that), and if your appeal is over 10 years old.  These are supposed to be a priority.  

I do have an appeal at the BVA over 10 years old (from 2008) And another appeal pending at the BVA which is a remand from a CAVC decision.  

In theory, both of my cases would be priority at the BVA unless:

1.  You had filed and been granted an advance on the docket. OR

2.  Likewise had special priorities, such as if your appeal was older than mine.  

I got a letter in  May, 20 19 from BVA acknowledging receipt of my appeal. 

Like yourself, I have no idea how long mine will take, but since ours were submitted close together, I will keep you posted.   

 

Edited by broncovet

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My attorney requested direct review with no hearing with submission of new evidence.

My attorney submitted new medical evidence based upon examinations performed by Dr. John Ellis, OK. City, in order to establish service connection.

My attorney submitted a brief at the above-styled filings(April, 2019).

My appeal was docketed in April, 2019.

I do not meet the VA's requirement to have my appeal expedited.

VA.gov. states that my appeal is at the BVA and I should not submit any further evidence at this time as my appeal is awaiting assignment to a VLJ.

My list of disabilities on appeal is extensive so maybe this plays a factor into the time it takes?

Edited by 63Charlie

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<<My attorney requested direct review with no hearing with submission of new evidence.>>  You have three choices: 1) direct review of existing evidence; 2) submission of new evidence or 3) request for hearing with submission of new evidence. Sounds like you took #2-new and relevant evidence (IMO).

Each appeal is taken in turn regardless of how many contentions are filed. My record was 23 contentions and it took a 13 months even though it was advanced on the docket. (9/2018 to 10/2019).

From the briefings we've been getting from Chairman of the Board Cheryl Mason, direct reviews and old legacy are the ones they want to get moving soonest.  WW2/Korea/Vietnam Vets get a slightly higher priority aside from advanced on docket appeals. 

 My guess is you'll see it within two years -by 3/2021. They hired about 400 new staff attorneys after the new AMA kicked in. Each VLJ has between 8-12. Obviously, the ones who ask for a hearing are going to wait the longest. I filed a 10182 asking for AOD and a hearing about April. I got a Jan.6th, 2020 face to face in DC with one. I expect it will be a year even with the AOD.

VA miscalculated and figured everyone would go to the HLR-at least at first before a NOD to the BVA. Turns out Vets chose the BVA 5 to 1 over HLR so we have a bunch of HLR ROs doing nothing in St. Pete, Houston and Seattle. They call them DROCs -Decision Review Office Centers.  But then when did the VA ever do something right?

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