BVA production up

[GBArmy 1,447]

The VA released this communication saying that the BVA has issued 52000 decisions or 15% more than last year for the first 6 months. They have been reporting that they are banging more out, but I wonder if the % of favorable decisions are getting better or worse. Fast denials only make a difference if the veteran is going to appeal.

https://mail.aol.com/webmail-std/en-us/suite

[63Charlie 131]

 

It took the AOJ 4 years to do a DRO de novo review under Legacy.

 

I opted in to the AMA in 4/19.

 

All issues were placed on the evidence docket.

 

I initially had 25 issues on appeal.

 

A VLJ at the BVA fully granted two of my issues on appeal, and that just happened this week.

 

My 100% rating was granted an EED to the date I initially filed a claim for a single condition.

 

I  ONLY have 23 more separate issues before the BVA on the evidence docket that await a decision.

 

Curious as to when the BVA decision will come for those other issues.

 

If the VA would have done the right thing to begin with.... we wouldn't be at war now.

 

 

Edited April 8, 2020 by 63Charlie

[Buck52 3,236]

GB.

I would think the 15% are claims won first timers or appeal/.but 15% is not what they promised when they went over to the RAMP.

So yeah its better than it was in the past  but 15% better? not very good in my opinion.

But then again we never will know for sure?

Edited April 8, 2020 by Buck52

[broncovet 4,251]

I noticed BVA decisions are shorter.  (I had one that was about 25 pages, and that is just for a single issue!)  My most recent one was about 6 pages.  

They seems to still "cite case law and regulations" for their decisions, just not as much.  You used to have to read bunches and bunches of regulations to get through your BVA decision, but not so much anymore.  

Im in the process of hiring an attorney to appeal my most recent BVA decision (Mid March, 2020).  It was a poor decision, because they really did not even use the critieria..and instead "thought up new" criteria for a denial, a famous VARO trick.  As an example, my VARO denied hearing loss "because it was too long since military service".  The criteria "time since military service" was NOT one of the criteria for hearing loss.  

In a similar way, the Board denied my SMC L (A and A) because "my disability picture did not demonstrate a COMPLETE need of A and A".  That is BS.  Regulation 38 CFR 3.352 says otherwise:  

Quote

 It is not required that all of the disabling conditions enumerated in this paragraph be found to exist before a favorable rating may be made. 

The board decision suggested my disability picture was "incomplete".  It does not need to be "complete".  Bogus reasoning.  This said, I have appealed 4 other BVA decisions and ALL were remanded.  100 percent.  This one will be remanded, too, IMHO, "provided that" I can get an attorney to take my case.  

[Berta 4,216]

Yes, they are much different than decades ago-

and I miss the older BVA decisions that held the VARO AOJ and often the full name of some IMO/IME doctors..

I also recall a BVA decision whereby the BVA repeated the RO statement regarding evidence, it was  an IMO from ""That neuro-radiologist"...of course the RO meant Dr.Bash.

Dr, Bash received a lovely letter from former VA Acting Secretary Mansfield I have a copy of it here somewhere  and Mansfield thanked him for his expertise, in the opinions he had provided to veterans ( and widows like me)

I only wish my BVA decision had contained all of the evidence I had-

some of it was unique to my claim but could have helped other widow/widowers to determine what type of evidence they could use.