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BVA Wait Time Changed Again


pacmanx1

Question

Well, it looks like someone at the VA/BVA has been playing with crayons or markers. They have increased the Decision Review Time, but it is still outdated because a lot of us are still beyond this time frame.

 https://www.bva.va.gov/images/appeals/ama-appeal-adc-adp-small.jpg 

Decision wait times - Board of Veterans' Appeals (va.gov)

Edited by pacmanx1 (see edit history)
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just FYI-

i filed HLR for a missed claim and requested a call...that was last week...they just called me this morning...dont know if thats fast or slow bc this is the first time i have used HLR and thats not a decision either but?

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465 days and counting. My rep is telling me direct reviews are taking on average about 2 years. No where near the 405 day

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Wonder if they can tell the current docket number for both normal and advanced cases...

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On 11/6/2022 at 12:05 PM, hume0351 said:

465 days and counting. My rep is telling me direct reviews are taking on average about 2 years. No where near the 405 day

Currently 524 days in direct review lane, waiting to be assigned to a judge.

Just now, Stayfocus said:

Currently 524 days in direct review lane, waiting to be assigned to a judge.

Only issue is eed 

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My ? Is why do veterans wait two years.

After 365 days I would do a writ.

At the least it get the appeal moving again. 

The court might even make the VA respond.

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38 minutes ago, Mr cue said:

My ? Is why do veterans wait two years.

After 365 days I would do a writ.

At the least it get the appeal moving again. 

The court might even make the VA respond.

I have an attorney, I asked what her plan was, she said it’s just taking BVA along time to train new personnel.

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Your attorney is going to sit on it for a minute to make it worthwhile.  Like Mr.cue stated why not do a writ? Your lawyer isn't going to get the ball rolling, only you. 

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13 minutes ago, Whodat said:

Your attorney is going to sit on it for a minute to make it worthwhile.  Like Mr.cue stated why not do a writ? Your lawyer isn't going to get the ball rolling, only you. 

Because if I were to do a writ, my attorney would be notified.

They have the option to sever ties with me at that point 

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Just now, Stayfocus said:

Because if I were to do a writ, my attorney would be notified.

They have the option to sever ties with me at that point 

I was already awarded eed back to 2017, my attorneys have already been paid.

They don’t stand anything to gain by stalling 

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1 hour ago, Stayfocus said:

I was already awarded eed back to 2017, my attorneys have already been paid.

They don’t stand anything to gain by stalling 

What I mean is, 20 years of backpay 20% to attorney, stalling is pointless 

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BVA decisions, a lot of times when the BVA first grants a veteran’s appeal, it does so without them assigning the veteran an effective date and or a rating percentage and remands the veteran’s appeal back to the VARO where they are supposed to implement them but in many cases the VARO either low balls the veteran’s rating and or screw up the veteran’s effective date causing the veteran to file a new appeal going back to the BVA.

This time the BVA will review the veteran’s decision and the BVA may grant the veteran’s appeal or the BVA may order the veteran an increase to correct the rating percentage and or correct the effective date and then remand it back to the VARO where the VARO is supposed to re-adjudicate the appeal and assign a correct rating percentage and or an effective date but the VARO can still deny the veteran’s appeal causing the veteran to file a new appeal and this could take some time that we call the “Hamster Wheel” for the veteran to try to get his/her correct rating percentage and or correct effective date.

The VA knows or at least believes that some veterans will just give up and it will save them money. You do not have to believe me, but you can bet that some bean counter somewhere has figured that some veterans will just give up and or some veterans will just die before their claims/appeals get properly corrected and awarded.  

It's hard to win when the VA keeps moving the goal post.

Edited by pacmanx1 (see edit history)
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18 hours ago, Mr cue said:

My ? Is why do veterans wait two years.

After 365 days I would do a writ.

At the least it get the appeal moving again. 

The court might even make the VA respond.

What is a writ and how do I go about filing one?

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It's call a petition for relief to the cavc court.

A veteran can file it pro se without a lawyer.

Say the VA tell veterans there completing appeals in 365 day and it 767 days.

A veteran can file a petition. They are all most never granted but sometimes it get things back moving.

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