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

[Mr cue]

My thing is the va are volating the law on some cavc remand.

By change the docket number when veterans have to do nod or va form 9 after a cavc remand.

In my case I had a 2018 docket with hardship on it.

The board change the docket date to 2021. That adds 3 4 years and remove it from hardship docket

Told I have to request it again

They refuse to return it to the judge front of line.

If I didn't understand this I would have wait years before my cavc remand was address by the board again.

The board shouldn't be change docket numbers.

 

Pacmanx1  I would like to no if your docket number was change when you did the nod. After the cavc remand

I think this is what add the time to getting a decision.

 

[pacmanx1]

36 minutes ago, Mr cue said:

Pacmanx1  I would like to no if your docket number was change when you did the nod. After the cavc remand

I think this is what add the time to getting a decision.

When my appeal came back from the CAVC to the BVA, the BVA did a straight grant as service connected. There was no need for my appeal to go back to the CAVC because I did not disagree. The problem for my appeal was that the BVA did not assign a rating percentage nor an effective date. The BVA sent my appeal to the local VARO where they lowballed my rating and after my NOD the local VARO granted me an increased rating but gave me a current year effective date. Since this claim was a BVA remand and not a CAVC remand, I filed a new NOD to correct my effective date, but the local VARO decreased my rating an gave me a new current year effective date based on my reduction date. I filed an appeal back to the BVA where the BVA granted my effective date back to my original claim to 1998 and forced the local VARO to restore my increased rating and review my claim for an increased rating back to 1998 but the local VARO completed the remand but refused to grant my increased rating back to 1998 and my claim went back to the BVA where it sits and waits for a judge to pick it up again. The system is set up as first in first out. I do not have a hardship claim. If the local VARO grants you a decision, that decision may push a veteran out of the hardship lane.

[Mr cue]

I could be wrong but if the cavc remand it.

And the bva grant it and you didn't agree with the rating or effective dated

And you nod.

My belief is a veteran doesn't start over the whole appeal process again at end of line.

It should be return to board. Not go threw a new appeal process again.

My petition is about this.

When u nod they gave you a new docket number the dated of the new nod. Add Years I believe

The judge on my petition just order bva to address the changing of my docket number.

I could be wrong but it seem crazy that the va can low ball or grant wrong effective dates. After cavc remand

And make veterans start over the whole appeal process.

Because he has to nod there decision.

It still a cavc remand and should be treated as one.

 

 

[pacmanx1]

11 hours ago, Mr cue said:

I could be wrong but if the cavc remand it.

And the bva grant it and you didn't agree with the rating or effective dated

And you nod.

My belief is a veteran doesn't start over the whole appeal process again at end of line.

Yes, you misread my post. 

When my appeal came back from the CAVC to the BVA, the BVA did a straight grant as service connected. There was no need for my appeal to go back to the CAVC because I did not disagree. 

Edited November 10, 2021 by pacmanx1

[pacmanx1]

Really not sure how this is possible at all but just checking this morning and the VA.gov is now saying that the BVA is working on May 2018. They went back again.

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

[McRay]

Appeals metrics says they're on August 2019 Docket date. It's discouraging and frustrating. I keep holding off on doing stuff because of my atty's (Bergman & Moore) positivity towards my claim. There are some home improvements I need to do and would really like to hold off until I get a decision one way or the other. Money is tight and I'm hesitant to use what little savings I have. Seems a lot of us are caught in some sort of BVA Purgatory