Waiting since 2012 VA claim

[AFVETSSGT 0]

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!!

[broncovet 4,246]

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.  

[vetquest 1,032]

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. 

[Fat 254]

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

[Oceanbound 98]

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 

[Fat 254]

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.