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Legacy Appeal Timeline


arizonavet85
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Question

I did lot of research for timelines while waiting for my hearing and for what to expect after my hearing. I was legacy appeals and chose not to RAMP in Feb 2019. I hope this does help any other veteran wanting to know the process and hopefully the timeline helps. This is my experience for appeal with the VA and as always every case is unique and different. Im willing to follow up with any questions people might have. Tried to get lawyers involved but they said they wouldn’t touch my case (all the major ones you would find on google). So I just kept pushing along using the DAV for insight to the RO when needed or to file correspondence for the case.

You know the rating you deserve!, the BVA law judge literally said VA erred and this should have been granted in 2014 but the C &P examiner failed to do their job accurately in my July 2014 exam. My follow up C & P exam conducted in 2017 warranted a 70% rating and the examiner noted everything correctly (however since the case was on appeal RO could not use the evidence to rate me at that time the exam was completed).  Best Advice I can give is KNOW YOUR CASE! Know one knows your case like you and when talking to the judge, it helped I knew what the criteria was so I could talk to those points. File everything on-time, accurately, and with a way to show it was given to the VA. Find a hobby because worrying, over planning, and checking ebennies 20 times a day will drive you crazy. Don’t let your claim fall through the cracks but know that every day you worry, you drain yourself! Finally, NEVER GIVE UP!!!

May 2014 Filed a claim for increase

July 2014 C&P Exam at the VA

October 2014 Claimed Denied

October 2014 Filed for Decision Review Official to review case (legacy appeals)

August 2015 DRO Denied increase

August 2015 Filed NOD

October 2015 Filed Form 9

December 2016 Case sent to BVA

August 2017 C & P exam scheduled (non-static condition; this was the date of my revaluation)

December 2019 BVA Hearing at RO

January 30, 2020 Called WH hotline (not sure it did anything however I saw traction once I did)

Feb 10, 2020 Case was given to judge and expedited due to homelessness

March 10, 2020 Decision Made (Grant specific rating and effective date since it was an increase appeal)

March 17, 2020 Ebennies was updated reflecting new rating

TBA: waiting backpay but my rating has been reflected for April indefinitely

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Thanks for posting that.  This makes at least "2" of us Vets that VA has literally made homeless with their delays.  Im sure we are not alone.  I applied in 2002, and saw 0 income until 2006, and that was too little too late for me to save my home.  

But, I came back!  Recently, in Feb, 2020, I got BACKPAY back to 2002.  (The VA made me appeal multiple, multiple times, each time I either lost the appeal or won "just a slice" of what I deserved).  They made me mad, and I was determined to keep on fighting VA until I won.  It took 18 years for me.  (2002-2020).  

I remember, back in those early days, a Veteran related to me his claim took 5 years.  I thought that was impossible, how could the VA drag a claim out for 5 years?  I even posted that on the "other Veterans website", and their moderator assured me that a "claim" couldnt take 5 years, and he blamed it on slow appeals.  That wasnt true...I applied for tdiu in 2002, and VA NEVER EVEN ADJUTICATED it until 2014 and "only then" because I had appealed a 2009 decision which called tdiu "moot".  That's 12 years for an initial claim.  

And, we are not alone.  I have responded to several Vets who asked what happens when VA "closes" a claim without even bothering to send the VEteran a written decision.  Here is what happens:   (Drum roll):

Quote

Absolutely Nothing.

This is a violation of 38 CFR 3.103 which states that Veterans are entitled to a decision on their claim.  And, who pays for this?  The Veteran and his family, not VA.  The Veteran, even if he fights and succeeds, does not get interest on his money he had to do without for decades.  

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There are even more timeline horrors then you can imaging. My timeline was stalled when BVA remanded my claim ( I thought this remand would help) but the local VARO refuse/rejected the remand and for some unknown reason the BVA judge decided to deny my claim forcing me to continue my claim to CAVC. Wait, CAVC remanded my claim and BVA granted it but the local VARO low balled my rating and screwed up my effective date.  I filed a NOD and was granted an increase but VA refused to grant my correct effective date. So my claim went back to BVA and I just won my correct effective date. To make a long story short it took VA a little over twenty (20) years just to say, oops, we made a CUE and your original claim is still pending.  Now after all the denials, remands, SOCs, and more denials VA came back with your original 1998 claim is still pending. Yes, I was destitute and even with filing a financial hardship that came back with a quick denial, I am now waiting for my new rating decision.

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Pete992

Sorry to see your claim/claims was in such a mess ,  and you went through a lot of needless VA rhetoric

Yes, the VARO must comply with a BVA remand &WHEN RO. DON'T .usually means trouble for the R.O. 

It Seems or looks like they just put the load on the monkeys back  and the veteran is going back and forth    and I agree usually a remand from the BVA  the R.O.is a good thing and Gets it right AND A GOOD THING FOR THE VETERAN ,but not always  maybe 1-2 out of 10 or close to that  when the BVA Sends it back to the R.O.   BECAUSE 8-  9 OUT OF 10  THE BVA GETS IT RIGHT(IF THAT MAKES ANY SENSE?)

if the BVA Remand your claims back to the R.O. their suppose to follow VA claims protocol , and when the R.O. NEVER paid any attention to the remand /OR worked your claim, this is when you or your Attorney should have throwed one hell of a fit, but if you didn't do that ?  that remand setting at the R.O. Can take forever, that BVA Judge that denied your claim should have raised cane with your R.O. sounds like you got a chicken sh** BVA Judge  because its easier to deny, AND WALK AWAY HOPING THE VETERAN LAYS DOWN ,this judge should have sent a letter to your R.O. DEMANDING they work your claim...SO BVA. decided they just kick it back to your R.O.OR DENY  WHICH THEY DENIED AND THE ALTERNATIVE WAS THE CAVC.  THIS IS NOTHING BUT VA B.S. Rhetoric.

IF YOU DIDN'T USE AN ATTORNEY AT THE TIME  THEN THIS IS PROBABLY WHY YOU WENT THROUGH  THIS NEEDLESS B.S.

Normally the BVA is the place that we finally get anything done with our claims  and it sounds like you just got the wrong Judge. (jmo)

I am not sure on this  but once a BVA JUDGE DENIED A CLAIM we can request another BVA Judge with more experience to look at our claim  so it don't have to go to the CAVC TO KEEP YOU FROM BECOMING A HARDSHIP  AND POSSIBLY LOSE YOUR HOME  AND BECOME A HOMELESS VETERAN 

    (NOW THERE ARE LEGAL TERMS FOR ALL THIS  I AM JUST PUTTING IT ALL IN LAYMAN'S TERMS.)

Anyway in my opinion this is exactly what the hamster wheel is and creates a long long journey for the veterans warranted benefits

Most have  an attorney going to the BVA And Especially the CAVC

(NOT SURE YOU USED AN ATTORNEY OR CLAIMS AGENT?)

Wake them up with the Writ

Like filing the Writ of Mandamus  (Mandamus  means ''we order'')

When the Executive Branch fails to take action it is required to do, most normal civilians or corporations can ask the Courts to Order the Executive Branch to take an action required by law.

They do this by filing what is called a Petition for a Writ of Mandamus.

if you waited since 1998   to get your claims approved   is total B.S.  especially if you files a FDC and all your evidence was probative or sound evidence.

I hate to hear you had to go through all this  when it could have been adjudicated a lot sooner....retro is nice but look what it does to our aging effect.

I really truly never understood what they put a veteran through all this B.S. with denials and soc's  when his/her claims could have been decided at the R.O.Level or at the BVA in your favor...And some 20 years later get it right  when in 1998/99 it could have been decided in your favor back then if the VA had been doing their Job right....they decided it  what 20/22 years later?

Edited by Buck52
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I posted here about accusing VA of destroying evidence. The real horror to my claim is that I did have a VSO who suggested I not continue my appeal but the evidence was date stamped by VA. I could never prove that evidence was removed or destroyed from my records but I can only thank God that I had my own personal copy.  Yes, I don't know how but by the grace of God that VA sent me a full copy date stamp of all my original SMRs.  These records proved that VA had my records prior to my original denial but for some reason everyone that reviewed these records refused to acknowledge them.  When I filed my claims I submitted my own personal copies so even though these copies were with my claim it took my attorney and CAVC to remand my claim a third time just to get it granted.  The more I thought about it the more it pissed me off.  Based on my own personal experience, I don't believe I am the only veteran VA did this to. I am just one veteran that learned a little about 38 C F R and my own claim.  The original claim was denied due to NWG (Not Well Grounded). It seems that once VA makes a decision they develop tunnel vision and believe their raters are correct and that the veteran is lying until someone actually review the entire file.  BVA has attorneys that goes through a veteran's file instead of having it on disc and doing a word search.  Since my records were VAMC medical records they could not have been hard to find. I am just glad I am still alive.

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Roger that Pete992  its still a crying damn shame they put you through all this for all these years.

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Maybe this new system is proving better/faster for claims that were in Legacy after all the junk was worked out.

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