News From the BVA

[ShrekTheTank]

Your appeal at the Board of Veterans’ Appeals continues to be in VSO IHP Pending status. We must work cases in the order in which your VA Form 9 substantive appeal (for Legacy) or VA Form 10182 (for AMA) was received and we will update you with any progress.

I got an email from the BVA today.  What does this mean???

[pacmanx1]

3 hours ago, shrekthetank1 said:

I got an email from the BVA today.  What does this mean???

If I am wrong, please correct me, Years ago when I had an appeal at the BVA I saw that my appeal was on hold because my POA was reviewing my records and the BVA was waiting for them to submit their brief/argument. The only problem was I did not have a POA with a VSO. At that time, I had already filed a new POA with my attorney, but the BVA still let the VSO write their argument that did absolutely nothing.  So, I am thinking that your appeal is being reviewed by your VSO POA.

[Marine Corp 69/70]

shrekthetank1 I got the same email from the BVA appeals Board today been waiting two years for a direct review 

[ShrekTheTank]

yha year and a half on an EED claim back from the CAVC

[broncovet]

That happened to me, some years ago.  Finally, I got an explanation:

Your "national" VSO "files a brief" with the BVA, telling the judges, basically, by citing evidence, why you deserve your benefits.  Sort of like a lawyer would, if that makes sense.  You know, point out favorable evidence, and maybe dismissing some of the less favorable evidence such as an exam "which was not as thorough" as your (favorable) exam.  (You know, that doc did xrays, the others did not, or maybe you had gone to that doc for 5 years, so he knew you better than the c and p examiner, who knew you for 28 minutes, kind of a thing).  

Like yourself I was furious that my claim was being held up, it appeared, by my VSO.  

"If" your case has been docketed, you "got your place in line".  However, if your case has not been given a docket number, its true that it can actually delay your claim.  

While any delays are frustrating, with (busy national VSO's), VA employees, etc., rest assured they have hundreds of claimants to deal with, so they only work on claims which are "ripe".  (That is, everything is all ready, all the c and p's, etc., etc, etc, is done). 

So, unfortunately, your's may not be "ripe" if its awaiting a National VSO brief.  

At least some of those national VSO's are very skilled at writing briefs for Vets, and are good at them and get a great result.  Some can be as good or better, than an attorney you hire.  

I decided I would rather wait for a skilled VSO, to write up a convincing, favorable brief, than for them to throw a rookie who had no knowledge of what to do, push out your claim to get it done faster.  Quality over Quantity.  

     Many years ago, I worked for a company (sales) which sold wax for floors to big companies.  (And a bunch of other stuff).  I was in training, and the distributor (sales) came around to our company to help show me the ropes.  

    About the same time a call from an angry customer came in, who was very dis satisfied with our wax.  

    The boss sent both of us on the call in person.  The rep asked, "how did you apply the wax?".

    The customer responded, "well, I dont know, I just poured some on the floor and took a mop and spread it around. "

    The skillful rep pointed out the directions on the can, which explained you needed to first buff off all the old wax and grime, rinse it well, then after it dries, apply a coat, then another coat, and finally a third coat and buff it.  

    "Oh, gee, I dont have time for that!" he responded.  

    "I understand, he said, sympathetically.  If you dont have time to do it right the first time, when will you have time to do it over?"  

     The customer knew the rep was correct.  You cant apply paint over old motor oil and expect it to stick, nor can you apply wax to old grease and grime, and expect good results.  I wont forget that lesson.  

    Give your VSO the time to do it right the first time, so you dont have to do it again.  

[pacmanx1]

1 hour ago, shrekthetank1 said:

A year and a half on an EED claim back from the CAVC

The only question I have is if your appeal is back from the CAVC, I guess you won a joint remand, when did you get or redo a POA with a VSO? A lot of us are in your situation. I have an EED appeal pending that I have a favorable medical opinion, but the VARO processed it as an increase ignoring my request for an EED. Close to your year and a half but no light at the end of the tunnel.

Side note: I recently won a separate joint remand waiting to be returned to the board for an EED that the BVA granted but refused to follow the CAVC order to review my entire records to determine my correct rating percentage and TDIU effective date. What a mess. 

 

Edited January 4, 2023 by pacmanx1

[ShrekTheTank]

1 hour ago, pacmanx1 said:

The only question I have is if your appeal is back from the CAVC, I guess you won a joint remand, when did you get or redo a POA with a VSO? A lot of us are in your situation. I have an EED appeal pending that I have a favorable medical opinion, but the VARO processed it as an increase ignoring my request for an EED. Close to your year and a half but no light at the end of the tunnel.

Side note: I recently won a separate joint remand waiting to be returned to the board for an EED that the BVA granted but refused to follow the CAVC order to review my entire records to determine my correct rating percentage and TDIU effective date. What a mess. 

 

I won the Remand back in 2020.  The issue is the rater went with the new C&P exam as the date of the benfits starting.  My lawyer finished the CAVC remand then put in for this and let me go to finish it.  I then joined back to the VFW as they will not have you if you have a lawyer.  So now the BVA got the appeal back on June 03 2021 and we are at a year and half now.  

So now it looks like the VSO is writing a letter to help the case, which could be good.

So I also woke up to this