Motion For Advancement on The Docket.

[pacmanx1]

Update

Well, I broke down and got tired of the miss information from the VA. Over the past several years, I have called and submitted IRIS inquiries to try to get more information about the completion of my BVA grant/remand. I was told on multiple occasions that I just had to wait my turn. So, I decided to write a signed letter to the BVA to see what they would say. It appears that the Board agrees that my appeal warrants an Advancement on The Docket. Now the wait to see if the Board will agree that my arguments for my EEDs will go through. 

 

“After a review of your file, the Board finds that your motion for an earlier docket number meets the criteria set forth in Vargas-Gonzalez V. Principi, 15 Vet. App. 222 (2001). Accordingly, the current docket number is now ??-?????” 

A judge is reviewing your appeal. 

Decision Soon. 

[Dustoff1970]

Recently I reached the age of 75 during the pendency of my OSA Sleep Appeal to the Board (BVA) and also IHD heart disease increase appeal and the BVA advanced both of my appeals automatically on the docket with my receiving a favorable grant of benefits for OSA and a remand on the IHD increase appeal that is now being reviewed by VARO.

Although I was aware of the age 75 advanced priority on the docket I did not believe the board would do this without my having to ask or file for it.  This advancement saved me at least 2 years on my appeal. This was a nice surprise from the BVA lawyers and judges.

Hope you receive a speedy decision.

Edited March 18, 2022 by Dustoff 11

[pacmanx1]

12 minutes ago, Dustoff 11 said:

Although I was aware of the age 75 advanced priority on the docket, I did not believe the board would do this without my having to ask or file for it. 

My advancement is/was due to an error in placing my appeal on the docket. It is my understanding that once a veteran’s appeal in advanced on the docket the MFAOTD (Motion for Advancement on the Docket) team try to work all the veteran’s appeal(s) due to the veteran’s situation. In my particular case the error caused at least two years delayed processing and my appeal should have already been completed by my filing date, so the Board approved my advancement request. 

 

[Mr cue]

That is the way it is to work the VA is to advance veterans claims that are 75 or older.

That are to be done automatically.

But most have to file for it.

I have been advance at the bva and the court do to my need of in home care.

Year ago I put in for advance on the docket due to hardship.

Just show bills house note and I was been pay 200.00 a month by the VA when I could work.

Veterans can apply for advance on the docket for many reasons.

Not just 75 and older.

That was great the the bva choose to do it.

You will be getting a decision soon.

Good luck

 

 

[FlyboyLeRoy]

how long after AOD approval were you granted a decision? 

[pacmanx1]

29 minutes ago, FlyboyLeRoy said:

how long after AOD approval were you granted a decision? 

I would say (30) thirty to (45) forty-five days, so you are close. With that said, be careful what you ask for. My AOD was approved for an AE (Administrative Error) and the BVA judge IMHO (IN MY HUMBLE OPINION) retaliated and failed to properly address my appeal and to review my entire records to maximize my benefits and now no one can tell me the status of my appeal. Va.gov says I still have an appeal pending. The NCC tells me that my appeal is closed and askva.gov told me to call my local VARO who tells me that my claim is also closed and the BVA has not returned my inquiry.  Hopefully you will get a better decision.

The BVA judge did grant/award me another EED (Earlier Effective Date) of my TDIU but failed to address the issue of maximizing my benefits. My first EED of TDIU awarded me three extra years of TDIU and now this new decision awarded me an additional two years on top of my three years which gave me a twenty-year protection under my TDIU rating.

[FlyboyLeRoy]

On 6/21/2023 at 4:16 PM, pacmanx1 said:

I would say (30) thirty to (45) forty-five days, so you are close. With that said, be careful what you ask for. My AOD was approved for an AE (Administrative Error) and the BVA judge IMHO (IN MY HUMBLE OPINION) retaliated and failed to properly address my appeal and to review my entire records to maximize my benefits and now no one can tell me the status of my appeal. Va.gov says I still have an appeal pending. The NCC tells me that my appeal is closed and askva.gov told me to call my local VARO who tells me that my claim is also closed and the BVA has not returned my inquiry.  Hopefully you will get a better decision.

The BVA judge did grant/award me another EED (Earlier Effective Date) of my TDIU but failed to address the issue of maximizing my benefits. My first EED of TDIU awarded me three extra years of TDIU and now this new decision awarded me an additional two years on top of my three years which gave me a twenty-year protection under my TDIU rating.

Thank you. I'm at 30 days now, assigned to a judge, just waiting for a hopeful right decision. I was given 100% from my doctors paperwork and the va still did a C&P exam. They held the c&p results with a higher probative value (general physician ) over my doctors paperwork, whose a otolaryngologist and specializes in my illness. My 30% meneirs went to 100% for a month then after their bs C&P, i was reduced back down. 

On 6/21/2023 at 4:16 PM, pacmanx1 said:

I would say (30) thirty to (45) forty-five days, so you are close. With that said, be careful what you ask for. My AOD was approved for an AE (Administrative Error) and the BVA judge IMHO (IN MY HUMBLE OPINION) retaliated and failed to properly address my appeal and to review my entire records to maximize my benefits and now no one can tell me the status of my appeal. Va.gov says I still have an appeal pending. The NCC tells me that my appeal is closed and askva.gov told me to call my local VARO who tells me that my claim is also closed and the BVA has not returned my inquiry.  Hopefully you will get a better decision.

The BVA judge did grant/award me another EED (Earlier Effective Date) of my TDIU but failed to address the issue of maximizing my benefits. My first EED of TDIU awarded me three extra years of TDIU and now this new decision awarded me an additional two years on top of my three years which gave me a twenty-year protection under my TDIU rating.

how do you check these things? VA website doesn't reflect anything and I dont want to be super annoying with weekly phone calls.