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

Waiting since 2012 VA claim


AFVETSSGT
This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

spacer.png

Question

I filed a claim in 2012. It was initially denied after a C&P in 6/2013. I appealed and on 1/2019 the BVA remanded all but 1 item back to the RO. I just had a 2nd C&P 12/2019 with the VES. Does anyone know a time frame on these things? I can't see my C&P since the VES completed it, and the VA is being less than helpful in getting my that information. I have heard several different people talk about the RO either approves it or it goes back to BVA. At both of my 2nd C&P exams (medical and psych) the providers said all documentation was present and it was just mishandled the first time around. Both stated it should be an easy approval. Am I looking at several months, years? Any help is appreciated!!

Link to comment
Share on other sites

5 answers to this question

Recommended Posts

  • 0
  • Moderator

I looked up the BVA chairmans report, just last week, and the 2018 version (the most recent available) said the "remand time factor" was 457 days.  

However, The BVA has said that they are getting stuff done "ahead of schedule".  

Since this is a BOARD remand, this means it goes to your VARO to complete whatever the BOard found to be necessary.  

I have had BVA remands take 3 weeks, and have actually had one take 3 years.  That 457 day estimate is smack in the middle.  

My guess would be that your remand should be completed in 2020, but I have no idea when.  I say you "shoot" for next Christmas, and be happy if it happens sooner, which I would guess it would happen sooner.  

Since you have had a c and p exam, it means its moving forward and you could even know the outcome very soon.  

Based on my patented, "VA claim time guessing machine", I will estimate it will happen on March 18, 2020 at 4:32 in the afternoon.  Oh, wait.  I broke that machine because the last person got mad because it was way off.  

Link to comment
Share on other sites

  • 0

If you have a lawyer you can request that they file a writ of mandamus since your case is supposed to be handled expeditiously.  After a writ my remand was completed in three months which is very fast. 

Link to comment
Share on other sites

  • 0

An appeal since 2012 is a long time, but make sure all you can do is covered.

Refute the denials with evidence. Nexus statements, IMO's, etc.

Get that information forwarded to the BVA with a waiver of regional office consideration letter.

Next, have you received a docket number?

Have you received a letter the case is with a Judge?

 

Stay positive, your ship is coming.

If the Judge grants service connection, more than likely the VA will make a quick decision on the rating percentage.

 

NEVER GIVE UP

  • Like 1
Link to comment
Share on other sites

  • 0

From my experience you should hear something in 7 months. The RO has your claim and knows about it being sent from the Board.

Remember to continue to live your life, read a book, get a hobby, take that weekend trip to _____ because the pot is never going to boil if we all stare at it and neither would our grass grow 

Link to comment
Share on other sites

  • 0

I forgot to add this important tidbit.

An reconsideration request doesn't preserve your original effective date.

Only an NOD or appeal to BVA.

When you receive your decision,  be careful and make sure the reconsideration is addressed before the one year appeal date closes.

If not, the claim closes and you have to ask its reopened with new and material evidence.

 

  • Like 1
Link to comment
Share on other sites



  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    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. Knowledgeable 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 massive, 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 too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a 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 of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting 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

  • VA Watchdog

  • 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