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BVA AMA Appeal with New evidence


NAVY NC

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I sent directly to the BVA appeals judge new and material evidence in the form of a doctor's nexus medical opinion stating my OSA Sleep Apnea claim was due to my long term PTSD and PTSD medications.  I sent this AFTER the VARO raters denied my claim and AFTER I received BVA letter stating they had received my appeal at BVA HQ.

The BVA did grant/approve my OSA claim at 50% with effective date of 2017 and also automatically awarded me additional SMC-S with 4 plus years backpay to date of OSA claim.  The judge said the nexus opinion was a key reason for granting my appeal. I feel confident I would have won my appeal even without the new nexus opinion but wanted to make sure just in case.

It is important to send the new evidence as soon as possible to BVA and just after they confirm receiving your appeal request.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Edited by Dustoff 11 (see edit history)
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My first comment to your question was about my legacy appeal/claim ( I believe) and not AMA appeal.  However, I filed a direct review AMA (I think) appeal for AO heart disease increase and then sent another doctor's nexus medical opinion as new and material evidence direct to the BVA also.  The BVA did not acknowlege receiving this new evidence but remanded my appeal to VARO due to "defective" C&P examiners negative opinion against me.  A new C&P was ordered and this appeal is still pending with no decision yet from VARO or BVA.

 

Edited by Dustoff 11 (see edit history)
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I actually did send new evidence with a Nexus opinion from my private Orthopedic surgeon, which was also a Retired Lt. Colonel from the Us Army. I sent it within the 90 day window, the only issue I have is its been since October of 2020 since It was recieved by them and went to Judge is reviewing your appeal in July of 2021, I have called them directly, but they never give information you want to hear besides its on the Judge's desk. 

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I made a mistake that I will never repeat by filing a direct BVA appeal to BVA on a claim for increase of my AO heart disease.  Supposedly a direct BVA appeal does not allow for new and material evidence and as I said in second comment the BVA did not acknowledge receiving this new evidence that I sent anyway just in case.  I feel confident I will eventually win this appeal even without BVA considering the new evidence.

The GD VA change over from legacy claims and appeals to the AMA occurred just as I filed new claims and appeals but I still won all 4 but one that is still pending.  I hope they all burn in **** as this was done deliberately to create mass confusion that has harmed many more vets than me as I still prevailed after a few mistakes on my part.

Anyone who says otherwise is being deceitful IMHO as there has been very little improvement in timeline for AMA appeals. It is all more c**** government BS.  They always have some lying excuse for no improvement such as still working legacy appeals.  How convenient.

Edited by Dustoff 11 (see edit history)
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Thank you, crazy mine just says Received 10/02/2020 and Waiting! Everything I see on decisions and dockets show that they are all over October from last month but just still not being assigned. Mine is just for a simple fix on an effective date

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On 8/2/2022 at 9:45 AM, NAVY NC said:

Just wondering if anyone has had any luck with BVA AMA direct review with new evidence appeals. This is where I am at. See pictures below.

 

BVA.thumb.jpg.25c777794af8d684691e9140568ad58a.jpg

Direct review lane is not supposed to accept new evidence.

But since when does the BVA follow their own regulations.

It all depends on which judge gets assigned to your appeal I guess.

 

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12 minutes ago, Stayfocus said:

Direct review lane is not supposed to accept new evidence.

Option 1: Request a direct review

If you choose the direct review option, a Veterans Law Judge will review your appeal based on evidence you already submitted. You can’t submit new evidence, and you can’t have a hearing.

Note: The direct review option will take an average of 365 days (1 year) for the Board to complete.

Option 2: Submit new evidence

If you choose the evidence submission option, you can submit new evidence for a Veterans Law Judge to review. You must submit this evidence within 90 days of the date we receive your request for a Board Appeal. 

Note: The evidence submission option will take an average of 550 days (1.5 years) for the Board to complete.

Option 3: Request a hearing

If you request a hearing with a Veterans Law Judge, you can choose to add new and relevant evidence. You can submit this evidence at the hearing or within 90 days after the hearing. Adding evidence is optional. 

Board Appeals | Veterans Affairs (va.gov)

Edited by pacmanx1 (see edit history)
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45 minutes ago, pacmanx1 said:

Option 1: Request a direct review

If you choose the direct review option, a Veterans Law Judge will review your appeal based on evidence you already submitted. You can’t submit new evidence, and you can’t have a hearing.

Note: The direct review option will take an average of 365 days (1 year) for the Board to complete.

Option 2: Submit new evidence

If you choose the evidence submission option, you can submit new evidence for a Veterans Law Judge to review. You must submit this evidence within 90 days of the date we receive your request for a Board Appeal. 

Note: The evidence submission option will take an average of 550 days (1.5 years) for the Board to complete.

Option 3: Request a hearing

If you request a hearing with a Veterans Law Judge, you can choose to add new and relevant evidence. You can submit this evidence at the hearing or within 90 days after the hearing. Adding evidence is optional. 

Board Appeals | Veterans Affairs (va.gov)

I’m 515 into a direct review. Still waiting to be assigned to a judge.

So much for the 365 day timeframe.

Hardship, and veterans 75 years an older go ahead of the line regardless of docket number.

Fortunately, I don’t meet those 2 categories.

It’s not right, some veterans pass away while waiting for a final decision.

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13 hours ago, Stayfocus said:

I’m 515 into a direct review. Still waiting to be assigned to a judge.

So much for the 365 day timeframe.

Hardship, and veterans 75 years an older go ahead of the line regardless of docket number.

Fortunately, I don’t meet those 2 categories.

It’s not right, some veterans pass away while waiting for a final decision.

I am 754 days in Direct Review and still waiting to be assigned to a judge as well. 

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I apologize you all I believe I worded this incorrectly I chose the option for Evidence submission. Below is the option I chose with new evidence which was a Private physician (orthopedic surgeon retired Lt.Col.

 

Evidence Submission Reviewed by a Veterans Law Judge: I have additional evidence in support of my appeal that I will submit to the Board with my VA Form 10182 or within the 90 days of the Board's receipt of my VA Form 10182.

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14 hours ago, pacmanx1 said:

Option 1: Request a direct review

If you choose the direct review option, a Veterans Law Judge will review your appeal based on evidence you already submitted. You can’t submit new evidence, and you can’t have a hearing.

Note: The direct review option will take an average of 365 days (1 year) for the Board to complete.

Option 2: Submit new evidence

If you choose the evidence submission option, you can submit new evidence for a Veterans Law Judge to review. You must submit this evidence within 90 days of the date we receive your request for a Board Appeal. 

Note: The evidence submission option will take an average of 550 days (1.5 years) for the Board to complete.

Option 3: Request a hearing

If you request a hearing with a Veterans Law Judge, you can choose to add new and relevant evidence. You can submit this evidence at the hearing or within 90 days after the hearing. Adding evidence is optional. 

Board Appeals | Veterans Affairs (va.gov)

BVA is not meeting any projected timelines.

What needs to happen is simple.

1) Update timelines.

2) Hold senior management accountable for appeals backlogs.

3) Have a weekly, or bi-weekly teleconference where veterans can ask questions in real-time with BVA directors.

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16 minutes ago, Stayfocus said:

How many issues are you appealing?

Do you have an attorney?

I am appealing my effective date on my 100% because I appealed correctly for 4 years and they just made my effective date the day I was granted. My attorney sd they do that in hopes that some would just say ok and not try to get the backpay. 

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13 minutes ago, Stayfocus said:

How many issues are you appealing?

Do you have an attorney?

At this point, timelines should be illuminated.

Veterans are relying to much on these “false” 

Timelines. It’s a smoke screen to keep the carrot just out of reach.

BVA, just say we are working the tremendous backlog as quickly and as accurately as possible.

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12 minutes ago, Freedom101 said:

I am appealing my effective date on my 100% because I appealed correctly for 4 years and they just made my effective date the day I was granted. My attorney sd they do that in hopes that some would just say ok and not try to get the backpay. 

I am also appealing for an earlier effective date. You are correct, they want to give you a little in hopes that we will be satisfied and go away.

 

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8 minutes ago, Stayfocus said:

I am also appealing for an earlier effective date. You are correct, they want to give you a little in hopes that we will be satisfied and go away.

Well, that’s not going to work, I been rated 100% schedular for well over a decade and a half. I recently won an unadjudicated appeal and my appeal is currently at the CAVC for the correct rating percentage. I also have a second pending EED appeal at the BVA waiting to be reviewed by the BVA judge. Talk about the VA not being happy, but these are benefits that are due me and should have been paid by my filing dates and my VAMC medical records. My appeal at the CAVC has been pending for over two-decades (20) years. The VARO completely ignored their own C & P medical examiners’ opinions, so I am not giving up.

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1 hour ago, pacmanx1 said:

Well, that’s not going to work, I been rated 100% schedular for well over a decade and a half. I recently won an unadjudicated appeal and my appeal is currently at the CAVC for the correct rating percentage. I also have a second pending EED appeal at the BVA waiting to be reviewed by the BVA judge. Talk about the VA not being happy, but these are benefits that are due me and should have been paid by my filing dates and my VAMC medical records. My appeal at the CAVC has been pending for over two-decades (20) years. The VARO completely ignored their own C & P medical examiners’ opinions, so I am not giving up.

How long has your eed appeal been pending at BVA, and what lane did you choose.

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