BVA AMA Appeal with New evidence

[NAVY NC]

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

 

Edited October 26, 2022 by NAVY NC
Wrong info

[Freedom101]

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

[Stayfocus]

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.

 

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.

 

[pacmanx1]

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 October 25, 2022 by pacmanx1

[Stayfocus]

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.

[Freedom101]

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. 

[NAVY NC]

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.