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BVA


KC3

Question

I have been at the AMA hearing with VLJ level of the BVA since November of 2019. I spoke with a representative at the BVA today and was informed that in December 2020, 13 months ago, I had a hearing canceled and that it is supposed to be rescheduled. That seems odd that it has been 13 months. I never heard about this hearing or cancellation until today. 

Is this common at the BVA level or does it need to be questioned? 

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3 hours ago, KC3 said:

Is this common at the BVA level or does it need to be questioned? 

I had a hearing that was dismissed because of Legacy/AMA confusion. Is there any possibility that you were under the legacy system and then later tried to opt into AMA?  I had my hearing in August 2021. I got the letter saying the hearing was dismissed in December of 2021 because my attorney opted into AMA the wrong way which caused a docket error. So if you've been in AMA right from the start that shouldn't be the problem. If you started in Legacy, then that might be why your hearing was cancelled. It took me months to find out, by dismissal letter. In the meantime 1-800-Peggy couldn't see anything and va.gov just showed the case as closed and one open. Weird.

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Thanks

I had to go through congressman to get accepted into the AMA in which I got a letter in April of 2020; however, my docket was still November because that is when appropriate paperwork was sent in. 

It is confusing because the VA lost 2 of the 4 parts of my claim for 6 months or forgot about them. I was ordered new exams by the HLR but never got them so I had to opt into the BVA for those 2 as well. 

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2 hours ago, KC3 said:

Thanks

I had to go through congressman to get accepted into the AMA in which I got a letter in April of 2020; however, my docket was still November because that is when appropriate paperwork was sent in. 

It is confusing because the VA lost 2 of the 4 parts of my claim for 6 months or forgot about them. I was ordered new exams by the HLR but never got them so I had to opt into the BVA for those 2 as well. 

Somebody with more experience here than I have will probably add some insight.

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On 1/21/2022 at 3:01 PM, KC3 said:

Is this common at the BVA level or does it need to be questioned? 

Unfortunately, nothing is normal or common with the BVA lately. The BVA has been having problems with returning untimely appeals and problems with mail in appeals. The BVA was trying to complete all legacy appeals by end of 2022 but due to the COVID that has also made things harder for them to complete and get back to the AMA appeals. 

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4 hours ago, pacmanx1 said:

The BVA was trying to complete all legacy appeals by end of 2022 but due to the COVID that has also made things harder for them to complete and get back to the AMA appeals. 

So, we're not getting forced into RAMP? If we're Legacy we can stay in Legacy?  

BTW I'm getting confused between RAMP and AMA.  I may be using the acronyms interchangeably.  I'm in Legacy right now. I just got my SOC from my NOD.  My new VSO says stay in Legacy going forward.

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1 hour ago, Rivet62 said:

So, we're not getting forced into RAMP? If we're Legacy we can stay in Legacy?  

BTW I'm getting confused between RAMP and AMA.  I may be using the acronyms interchangeably.  I'm in Legacy right now. I just got my SOC from my NOD.  My new VSO says stay in Legacy going forward.

No, your appeal can stay in the legacy lane. As to RAMP and AMA the only difference is that the RAMP began in 2017 and the VA made it law and changed it to the AMA program in 2019. Both the RAMP and the AMA programs “supposed” to give the veteran a faster access to a decision with the Supplemental, HLR, and the Direct BVA Appeal.

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