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Congressional Inquiry Warranted??

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63Charlie

Question

February 2, 2023, the motion I filed to advance my appeals on the BVA docket was granted.

 

My appeals were then placed with a VLJ at the Board.

 

 

 

After this happened, my VSO submitted a Privacy Act Request for my claims file.

 

On February 9, 2023, I receive notification that my appeals are now placed on hold, according to VA, because my VSO submitted a Privacy Act request.

 

I think it's wrong to delay my appeals for their reason stated below, and I don't know how to fix this.

 

 

 

See below:

 

 

 

You or your representative filed a Privacy Act request. The Board placed your appeal on hold until this request is satisfied.

Please do not reply to this email, as this account is used for sending messages only.

To check your appeal status, visit https://www.va.gov/claim-or-appeal-status or call 1-800-827-1000 from 8:00 a.m. to 9:00 p.m. (ET), Monday through Friday.


If you wish to contact the Board of Veterans’ Appeals (Board), or submit a statement or documents to the Board, please work with your Veterans Service Organization (VSO) or representative, if you have one. All submissions must include the Veteran’s name and claims file number, and can be submitted via mail or fax:
Board of Veterans’ Appeals
P.O. Box 27063
Washington, DC 20038
FAX: 1-844-678-8979 (Toll Free)

 

Edited by 63Charlie
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If I was you I would reach out to your state representative or congressman to inquire what they could do. Their VA member on his or her staff will speak with you with what they can do in my case they flagged my file for a congressional inquiry never hurts to ask

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 Two out of three BVA appeals for me over past 30 years have been granted and one CAVC appeal was a partial victory in 2003 or 05.  I never had a need for a complete copy of my entire or even partial C-File for the BVA appeals or the numerous successful VARO rater decisions granting my claims for TDIU, P&T, PTSD, GERD, Heart Disease, Tinnitus, Hypertension and Sleep Apnea.

Instead, I relied on copies of my VA and private medical records plus copies of my partial Army SMRs.   

In the CAVC appeal I was given by court order copies of many documents in my C-File in order for me pro se to continue my appeal.

From 1985 to 91 I had very sorry assistance from a biased Korean War Vet DAV VSO and never trusted them since then.  Some are of course A OKAY but it is hit or miss with the critters.  Shop around carefully for a VSO.  Check their experience level and attitude toward your claim.  A complete C-File is not needed usually to win claims and appeals IMO.  Your VSO may have gummed up the works.

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

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Edited by Dustoff1970
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In my experience on hadit, since 2007, I have yet to see a "congressional inquiry" produce any positive results.  

Yea, they are tempting.  

Indeed, they delay stuff longer.  

You have gotten an advance on the docket, now you have to wait for the cfile.  Yes, your vso should have asked for the cfile long before this.  This begs the question:

Why does your vso not have vbms access OR, what is it that is missing from vbms access that would turn up in the claims file?  

Further, why did your vso not ask for the cfile months/years earlier?  Why wait until now?  I see this as your vso's fault.  

It does not take a rocket scientist to know you or your representative need to see a recent version of the claims file via vbms and or what is missing from the vbms file and why?  

If your vso does not have vbms access, then shame on you, you should never have hired him/her.  

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Mine was positive results I had my appeal sitting until I did emailed my congressman and then it magically started moving in 9 months appral granted. I was previously at the Philadelphia VA RO snd moved down the street from the Wilmington VA RO  much smaller workload helped Im sure but that and the inquiry had to be something which advanced my appeal on the docket appeal was from 2010 and decided in 2016, my retro was over 80k after my lawyer took his share

Edited by jfrei
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