MORE SMOKE AND MIRROS FROM THE BVA

[pacmanx1]

What is going on with the BVA? I know the BVA said that they can no longer guesstimate on any legacy claim time frame, but this seems odd. I posted that the BVA was working on January 2018 on July 4, 2021, then it jumped to February 2018 around July 23, 2021, and again it jumped to March 2018 around August 17, 2021, and then on August 28, 2021, it jumped to May 2018. Around September 3, 2021, it then jumped to June 2018, and finally on September 24, 2021, it jumped to July 2018. Then on October the 1, 2021, it moved back to June 2018, and on October 8. 2021, it moved back to May 2018, and it has not moved since. So, between October 19, 2021, to present the BVA has completed over 1000 claims, but they are still sitting on May 2018.  Movement in processing claims but no movement by month and we are to believe that they are still working on the oldest legacy appeals as they are docketed. That means that it has been close to thirty (30) days, and they are supposed to be still on May 2018 and what ever happened to June and July 2018.  Where did all these new claims come from? They stopped on July 2018 and all of a sudden, they had to jump back to May 2018 and as of today no change and no going forward to June nor July 2018.

You can't follow the VA.gov web site.

The BVA Metrics is way off or my appeal is lost, and you can't even call the BVA number because it rolls over to the National Call center and even if you speak to a person it is like talking to an automatic machine and they begin to recite their pre- written blah, blah, blah and you know you lost and it is nothing you can do. 

 

Edited November 4, 2021 by pacmanx1

[Lemuel]

On 11/5/2021 at 7:58 AM, pacmanx1 said:

Update:

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

An influx of guys like me, older that 75 or very ill jump ahead of the line.  My January 1, 2020, Legacy Appeal, is being heard on April 1, 2022 because of being moved up on the docket because of my age.  When changes in the system such as the upcoming liberalizations affecting older veterans comes into play expect an additional influx moving younger veterans' appeals back.

[Lemuel]

The back-up is now at the BVA instead of the VAROs since the Godsey v Wilkie 17-4361 CAVC Order to the VA to process appeals within 18 months.

[Lemuel]

pacmanx1, you are probably over 75, You can write a letter to the BVA requesting an earlier docket because of age and an in home telecom hearing like I am getting at 80, just before my 81rst. There are other reasons besides age to be moved up on the Docket including poverty for those who read this.

[pacmanx1]

1 hour ago, Lemuel said:

An influx of guys like me, older that 75 or very ill jump ahead of the line.  My January 1, 2020, Legacy Appeal, is being heard on April 1, 2022 because of being moved up on the docket because of my age.  When changes in the system such as the upcoming liberalizations affecting older veterans comes into play expect an additional influx moving younger veterans' appeals back.

My issue is not with older veterans' claims, my issue is with the VARO that returned my granted BVA decision without implementing it. The BVA had to make a second order to get the VARO to implement their decision.

Nowhere near that age.

Edited February 26, 2022 by pacmanx1

[Lemuel]

pacmanx1, I had the same problem.  The BVA remanded with specific instructions that were not followed in ordering the examinations quoting a case that when the VA does a C&P examination, they must do a complete examination.  I am now back at the BVA contesting the examinations offered which I would not take during the height of COVID because the orders for examination were incomplete and the civilian physicians said they could not go beyond the specifics of the ordered examinations.

Another way the VA has screwed a lot of us.  Limiting of examinations to what is ordered by the RO.  Need a CAVC order like that of Godsey V Wilkie to correct the situation to the quote the BVA Judge made in my 2017 BVA Decision.

I am guessing, you are back at the BVA with incomplete remand like I am.

[pacmanx1]

2 hours ago, Lemuel said:

I am guessing, you are back at the BVA with incomplete remand like I am.

Nope, I did not need an exam. In my case the BVA granted my correct effective date, ordered the RO to restore my rating that they decreased improperly and then consider my evidence of record to determine my initial rating for an excess percentage. This is/was a continued pursuit claim and as stated, the RO had already increased my rating but when I asked for an EED, they improperly decreased my rating while still in appeal status which is protected, The BVA ordered the RO to restore that rating, but the RO still ignored the part of the order to determine my initial rating percentage. This is of course after the RO completely ignored the entire first grant/remand and the BVA had to order it a second time. 

Edited February 26, 2022 by pacmanx1