BVA Lanes

[Fat]

Veteran Mark is quite confused (according to his wife).

He spoke with his brother from South Carolina and was told a higher level review would be most feasible.

I have seen comments on Hadit about not allowing big brother to rubber stamp little brothers decision.

Excuse the pun......  LOL

He is service connected 0% (migranes),  but just trying to go the best route with his appeal.

I personally told him the BVA (NO FURTHER EVIDENCE) is the best route. 

His VSO told him about submitting for a rating increase, but I thought that could only be done via supplemental claim (new evidence).

 

In regards to the BVA, there are three lanes. Four if you include the old Legacy Appeals.

Does each BVA lane state how many cases are present? 

Are all appeals at the BVA in the same line and directed to the individual lanes when the case is ready to be heard?

Which lane has the most cases?  The least?

 

Lastly, one veteran said he submitted his initial claim in 2010 and didn't receive a BVA grant until  2019.

THE WAITING GAME IS SERIOUS...........

[GBArmy]

Fat How are we supposed to advise, we don't have any facts. What evidence of record does he already have? If he is rated at 0%,  is already service connected. So what is his symptoms now; does he have prostrating headaches? How often? Once every 2 months? Once a month? More than twice a month. That is the criteria for an increase per diagnostic code 8100. So, if his medical record doesn't already show the new increased symptoms, he will be denied at HLR. (Not a fan of HLR anyway.) If it isn't in the record, get it in the record, including a statement in support of the claim (personal statement), and then submit a supplemental. If you are lacking in those areas of evidence, no matter what BVA lane you take it will fail, but that is MHO because we don't have any facts.

[broncovet]

GBArmy is correct:

Take the BVA lane "with new evidence" if you have new evidence

If you dont have new evidence take the one without it.  

You may also request a hearing.  (Takes longer but may produce better results if you are good at hearings)

I agree, dont mess with HLR or SCL for reasons you stated. 

In every case compare the current VBMS to what the decision says in "evidence".  Are they the same?  If not, you may have to resubmit "new" evidence that should have been there earlier.  YOUR VSO should have VBMS access.  Review your evidence in the VBMS file (now called efile) and see if you have caluza elements, evidence for an increase, etc. 

Edited March 5, 2021 by broncovet

[Fat]

Thanks.............