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]

16 hours ago, pacmanx1 said:

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. 

Similar problems in my remands from the BVA.  Fortunately, I had had a claim in 1987 for special rating (don't have the 38 CFR reference on the top of my heard) from the Director of Compensation Services and part of the remand was to DCS.  That is what carried my TDIU back to 1985, her recommendation.  I do not think the DRO wanted to go against that but my 11/26/1994 SA/Claim goes back to her.  I think the DRO and is examination limitations will get put in the bag.  Apparently an EED, that does not have any other basis, can obtain an appropriate EED.