BVA appeal Question

[ShrekTheTank]

Below is the response from the ASKVA system.  My question is now that they are waiting to send a copy of the contents of my folder.  How long does this take?

Also I had to fight them for so long to get this Videoconference removed.  This is just a a claim for EED and they have all the evidence they needed.  I canceled this thing 5 times and had to fax a letter to the BVA and send this in to get it removed.  We will see how much longer this now takes.  Currently at 570 days.  

 

Thank you for your inquiry of January 21, 2023, concerning your appeal, which was submitted via the Department of Veterans Affairs Ask VA (AVA), and was received at the Board of Veterans’ Appeals.

 

The Board notes your concerns about your request to withdraw your Videoconference Hearing, a copy of your request has been added to your file and I have forwarded a copy of your correspondence to the appropriate representative, for review and action.  It appears that it has been complied with.

 

Your appeal was received at the Board on March 16, 2021.  The appellate files were sent to your representative, Veterans of Foreign Wars of the US, for review and submission of additional written arguments on your behalf.  When this review is completed, the appeals will be returned to the Board for consideration.  The Board, as required by law, will consider the appeals according to their place on the docket.

 

Your Legacy appeal was received at the Board on June 4, 2021.  The case is awaiting review by a Veterans law Judge.  The Board, as required by law, will consider the appeal according to its place on the docket.

 

Subsequently, the Board received a request for a copy of the contents of your claims folder.  That request is currently under review by the Board's Privacy Act Officer for review and response.  Once this action is complete, the Board will consider your appeal according to its place on the docket.

 

You may log in to www.va.gov/claim-or-appeal-status/ or call VA’s Status Line at 1-800-827-1000 to obtain a status update on the appeals.

 

Sincerely,

Office of Litigation & Customer Support
Board of Veterans’ Appeals

[pacmanx1]

41 minutes ago, shrekthetank1 said:

How long does this take?

Subsequently, the Board received a request for a copy of the contents of your claims folder.  That request is currently under review by the Board's Privacy Act Officer for review and response.  Once this action is complete, the Board will consider your appeal according to its place on the docket.

Unfortunately, there may still be two huge problems with the Board reviewing your records to complete your appeal request. 1st). If your POA (VFW) has completed their review and has submitted their arguments and 2nd.) If the Board's Privacy Act Office has completed their review and has made a copy of your records either CD or paper copy, then the BVA will begin your review to determine your request for an EED. Any excuse to take all the time they need. 

[broncovet]

VA has a definite time frame for all work.  Here is what their time frame is:

Quote

They will complete it EXACTLY when they want to, and not one second earlier.  And, they wont tell you how long that is, either.  

If anyone knows EXACTLY when VA will complete anything, then they should stop wasting this talent and buy a lottery ticket as you must have a gift of predicting the future.  For the rest of us, we wait.  

Yes, its unfortunate, and exceptionally frustrating to wait on VA.  For example, the VA admitted it was about a 2 hour process to "certify" a Vets claim to the BVA, but that 2 hour process often took 2 years or more.  Why?  That is the 64,000 dollar question..and VA wont answer it.  Im sure the backlog is bad..but can it really be that bad??  

A lot of it may well boil down to trying to locate the right VA employee and get them to advocate for you, and solve this problem, which should be simple.  

VA is a master at making very simple things exceptionally complicated.  Im not sure how they do that, but they do do that very well.