A sudden Change to the BVA web site

[Berta]

I am mad as Hell!- For decades since the BVA has been on line, I have gone there weekly and often daily to research cases ,enied, remanded or awarded, to post links from those deciion here- as they hold a wealthof information that can help veterans and their surviviors.

Yesterday I did resear ther to hlp someonehere at this page:

The Board of Veterans’ Appeals has learned that a limited number of Veterans may have had their Board Appeal forms (VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement)) mistakenly rejected for being untimely.  Out of an abundance of caution, the Board is sending out a wide notice to help ensure no other Veterans were impacted by this.  If you filed a VA Form 10182 with the Board between February 19, 2019, and March 23, 2021, and believe it may have been improperly rejected as untimely, please send a letter to the “Clerk of the Board” at P.O. Box 27063, Washington, DC 20038 or via fax to 1-844-678-8979 no later than March 1, 2022.  In your letter, state you are asking the Board to “RECALCULATE TIMELINESS” and be careful to include the Veteran’s full name, claim number or SSN, the date of the rating decision you appealed to the Board, and the date of your original VA Form 10182 appeal form that the Board told you was untimely.


Click here for information on delayed notifications

Click here for the Board’s response to COVID-19

Interested in a Virtual tele-hearing? Click here

What does the Board do?

The Board of Veterans' Appeals (Board) is a part of the Department of Veterans Affairs (VA), located in Washington, D.C.  The Board’s mission is to conduct hearings and decide appeals properly before the Board.
 

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The Board Appeals Metrics page is now available with additional details. The link is also available in the Resources links to the right.

What is new at the Board?

Veterans can now choose where to have their Board hearing! The Board of Veterans’ Appeals (Board) has launched a new virtual tele- hearing option, providing Veterans with the flexibility and convenience of attending Board hearings with Veterans Law Judges (VLJs) and Veteran representatives from a personal computer or mobile device. Virtual tele-hearings are just like video hearings, except the Veteran can participate from their cell phone, tablet, or computer. NO TRAVEL NEEDED! Click here to find out more information and to learn how to sign up for a virtual telehearing!

How do I file an appeal?

Anyone who is not satisfied with the results of a claim for Veterans, benefits (determined by a VA RO, VHA medical center, or other local VA office) can file an appeal.
Click here for instruction on filing an appeal.

Why would I file an appeal?

If you are not satisfied with your initial claim decision, you have the right to file an appeal. The Board of Veterans’ Appeals will review the evidence presented and issue a decision.

Who is my Hearing Coordinator?

Here is a list of Hearing Team coordinator points of contact by region. If Veterans, Veteran Service Organizations or Regional Offices have questions about their hearings these are the appropriate people to contact.  For general inquiries, please access Appeals Status on VA.gov (information below) or phone 1-800-827-1000.
Hearing Coordinators 

How do I find out the status of my appeal?

You can find the status of your appeal by going to va.gov and clicking the sign in box.

What is AMA?

In 2017 the Appeals Modernization Act (AMA) was passed taking effect in February 2019, it is now fully implemented at the Board. AMA created a new decision review process. Under AMA Veterans can choose from three lanes to determine the path their appeal will follow. The three lanes to choose from are; supplemental claim, higher-level review, and appealing to the Board of Veterans Appeals. The below graphic can help you decide which is the best lane for you.

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What happens during your Board Hearing?

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"Board of Veterans’ Appeals Organizational Chart

Additional information about the VA Appeals Status Tool

New VA Appeals Status Tool Provides Tracking and Transparency for Veterans
 

VA Appeals Status Tool Video
 

VA Appeals Status Tool Press Release
 

Appeals Status on VA.gov
 

Veteran’s Rights
 

Your Rights to Appeal our Decision
 

RESOURCES

• Board of Veterans' Appeals Home Page
• Appeals Metrics
• Customer Service
• Chairman's Annual Reports to Congress
• Quarterly Reports
• Military Spouse Employment
• Frequently Asked Questions
• VA Forms
• Board Hearings
• Search Decisions:
• https://www.bva.va.gov/

to do research I have done there THOUSANDS of Times!

The page has changed to this!

https://search.usa.gov/search?affiliate=bvadecisions

"Search All Years
Search 2021
Search 2020
More 
Filters and Result Count
Enter your search term
Search results
Please enter a search term in the box above."

The Search All years button does not seem to work and this change is the most detrimental change to veteran's advocacy I have seen in years!

I am unwilling to try to access the new search feature because it is by year and the search area does not seem to be as effective as the older one was.And it ill be for more time consuming then it used to be.

I am going to complain to the BVA ( if I can even contact them) and if not I will call the WH Hot Line.

This might not matter to many here but in addition to the VBM from NVLSP evereything else I have learned about claims is from the BVA decisions.

Unlike many RO decisions we get, the BVA CAN READ and are usually always correct on their decisions.

I have carpal tunnel synrome as well-and that makes research more difficult for me these days - and maybe others here will be willing to research BVA decisions that can help veterans here or their survivors.

There site was perfect as it was, but like everything else, it seems someone decided it was not good enough and made it worse.

I hope they dont screw around with US CAVC site.

 

 

 

 

[pwrslm]

I saw this same thing this morning. They are restricting our ability to do topic searches with filters. That removes the ability to access the data because there are literally hundreds of thousands of decisions, if not millions. Expecting anyone to filter through that is non-sense. 

The effect will dumb down veterans ability to understand the paths to successfully develop their own claims. 

[Rivet62]

Am I mistaken or does this exist at VA.gov now? I happened upon a page of cases that is searchable by date or docket number.

Rivet62

P.S  Thanks for having me as a new member.

There's this:  https://search.usa.gov/search/docs?affiliate=bvadecisions&dc=9161&query=

I'll try to find the Va.gov one because it seemed easier to use.

Edited December 28, 2021 by Rivet62
Update website reference

[pacmanx1]

This AM it seems the site was not working but it appears to be working.

Compare the number of results and Years searched:

• Search All Years
• Search 2021
• Search 2020
• More 

Filters and Result Count

• 111,035 results

 

• Search All Years
• Search 2021
• Search 2020
• More 

Filters and Result Count

• 6,911 results
• • Search All Years
  • Search 2021
  • Search 2020
  • More 

  Filters and Result Count

  • 8,044 results

[Berta]

Pwrslm, I agree with you completely.

I was so ticked off I emailed Secretary McDonough:

Denis.McDonough@va.gov.

What gets me is that we, as advocates, are performing a "Duty to assist" all the time,

by trying to help veterans and their survivors access the evidence they needed, because the VA often fails in it's Duty to Assist - and if was great to be able to find with the former search feature at BVA , similar claims- that are onlyspecific to the claimant, yet contain the legal and medical ways those claims succeeded.

Pwrslm I certainly appreciate how much you are always trying to help vets here!!!!!

You deal with enough yourself and yet you encourage so many here to get through the ridiculous VA claims process. It is overwhelming and frustrating and I have said here many times- if you dont have PTSD, the VA claims process will give it to you.

My daughter, home on leave from the military read a decision I just received.

Although they listed all of evidence, they didnt use it and she said Mom it is obvious the VA Cant read! That was around 1998- and they still can't read!

But that is a problem prevalent at the VARO level, because the BVA loves evidence and they are quite capable of being literate with very few decisions that are overtuured by the claimant themselves or by the US CAVC.

I told the Sec I would call th WH Hot Line if there is no reply from him. 

And to look for a letter from me soon- as to 2 ways the VA could actually make the claim process a little better.

My last letter to a VA secretary (DDr Shulkin) got results but it took me many edits to make it concise and to send him the evidence needed to support my position.

Thanks again for helping here so much-our nation's disabled vets need all the help they can get.

 

 

 

The BVA used to put the name of the VARO, and the vetern's POA vet org or lawyer- they often do not do that anymore. Also they used to identify the exact independent doctor's name whose IMO/IME fully granted the claim.

Ten decisions on a search would pop up with many more pages under a search, and although it took time to try to find th best link I could , to put here, the site is no longer as viable as it was.

When you could search fo ALL decisions, thi was beneficial to many who needed to know what the regulations and rating criteria was in the past for many disabilities that have had diagnostic code changes as well as different ratings.

My AO IHD death claim is a good example. My husband died in 1994 ,and never was diagnosed or trated for IHD  but the IHD ratings had changed since tthen and my retro was based on the 1988 lower ratings for ichemic heart disease. 

1988 was when he had a heart attack while employed at the VA and they said it was a sinus infection. They admitted they caused his death in 1997 due to "multiple deviations"from a "usual standard of care."

 

 

 

 

Edited December 29, 2021 by Berta
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[Berta]

PS, this is funny now but the VA ,when my daughter applied for DEA, she was only awarded one month of DEA when the regulations, right on the application , and her DD 214 showed she should have received DEA for 7 year ( due to her 7 years of military service.(Chapter 35 award from her deceased father)

Mommy prepared a CUE for her to sign and send to VA Edu  and they reversed the award to 7years....

in 3 weeks. (VA EDU is  an oxymoron sometimes)

She was so fed up that she paid for her own education and received many college credits from the USAF towards her degrees.

Edited December 29, 2021 by Berta
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[Berta]

I just received this email from the Secretary's office:

"Ms. Simmons

The Secretary has received your email dated December 28, 2021.  He has forwarded your inquiry to VBA leadership for review.  Thank you for your communication.

**Please note that this email address does not accept replies.

Office of the Secretary

Department of Veterans Affairs

810 Vermont Ave NW

Washington DC 20420  " ----------------------------------------------------- I will let you all know if there is any resolve.

 

 

 

Edited December 29, 2021 by Berta