Appeal Status

[pacmanx1]

For those who are waiting on appeals, just check this morning, been feeling a little out of it lately and not had a chance to check it but according to VA.gov, the board is now working on January 2018 appeals. That does not mean something will come up to put someone else in front of your claim, but they are moving.

Quote

The Board is currently reviewing appeals from January 2018 or older.

 

[broncovet]

Yes.  I used to do this.  Maybe I can even remember where I found that information, but, if you like, you can share it with other Vets, since I dont have time to look it up right now.  

Knowing this info is sometimes good, but often discouraging, especially if you appealed to the BVA six months ago, knowing it will likely be 2.5 more years.  

For me, even tho it would be discouraging at first to know it was almost 3 years away (The VARO has to implement the decision even if you win the whole enchalada, and that takes still more time). 

    However, that would stop me from checking ebenefits every day for 2 years and instead enjoy a new hobby or spend time with family and put it out of my mind. 

    I have had about 6 or so BVA decisions, on a variety of issues: Denial of SC, Lowball, bad effective date, SMC, etc.  VA loved to chop up my claim issues, so I had to mostly appeal each seperately.  GRRRR...Why did they take a chainsaw to my claim and seperate them all.  GRRRR 

[pacmanx1]

Bronco, since my claim has been pending since 2019 when the BVA granted me a 1998 effective date, I look at it as my claim is getting closer. Yes, the VARO and the BVA has chopped up my claim so much and broken down and paid out a little here and there, I am just waiting on my final rating percentage increase that the local VARO refused to implement and grant. So, been there and done that but soon, very soon my claim will be decided, and I can move on as long as they make the right decision.  Still dreaming of that forever home.

There are times when we can do nothing but wait but I am like others anxious, not worried just want to get the rating decision in my grubby little hands so I can say I told you so to all the naysayers and doubters. 

[McRay]

I can never figure out what BVA is doing.. Last time I called the rep said they were working on stuff from June of 2019 and my docket number was issued in September of 2019. At that time va.gov said they were working on appeals from November of 2017. A google search on va appeals timeline shows a 270 day average from docket to decision in 2019, but so far I'm at 22 months and counting.

I have other claims I would like to file however atty counsels waiting until this appeal is decided. Reasoning behind waiting is VA will use any opportunity to avoid paying out for an EED. And I'm like @pacmanx1-- just want the decision and hopefully the validation of being 'right' after all these years.

[pacmanx1]

1 hour ago, McRay said:

I can never figure out what BVA is doing.. Last time I called the rep said they were working on stuff from June of 2019 and my docket number was issued in September of 2019. At that time va.gov said they were working on appeals from November of 2017. A google search on va appeals timeline shows a 270 day average from docket to decision in 2019, but so far I'm at 22 months and counting.

This number keeps changing because other veterans that have CAVC remands and hardship claims may get bump up before yours. I try my best to never call the VA 1-800 Peggy number because most of the time I can't remember what they say and sometimes they lie. I know the VA.gov is not reliable but for the last few years it has shown my claim getting closer. Since I am 100% P & T I can afford to wait but I still would like to get my claim finished and completed so I can move on with my life. 

[john999]

I keep saying I am done with the VA, but if another Agent Orange presumptive comes up I will claim it.  Probably the only thing I can get now is some kind of SMC.  I hope I don't have to claim it because it will mean I am much worse off than I am now.  I really am done with them, but don't piss me off.  I want to encourage others to file their claims until they get what they deserve.  If you don't get it someone else will.

[pacmanx1]

John, I would agree but what confuses me is that the VA for whatever reason is keep screwing up my remanded claim. I don't know how many times can the VA send a veteran to a new C & P exam to get updated opinions for the evidence that is and has always been in the veterans’ (my) file. Why try to get a different medical opinion when the examiner has to review the evidence of records. Well in my case once again the examiner had to point out VAMC medical treatment records prior to my original claim that the VARO did not consider and trying their best not to consider. This remanded claim is a separate rating from my 100% combined rating and is prior to my 100% rating so any and all backpay or retro pay will be separate and extra. I guess they are trying their best to keep kicking the can (my claim) down the road hoping I miss an exam or a suspense date.