BVA timeline

[Stayfocus]

Update, direct review lane timeline is now well over 1000 days from appeal being docketed.

[Bella]

Yes direct review. I was awarded SAH for Loss of use of both lower extremities- 100% p/t but not 

given any type of SMC. It is an ongoing compensation issue that showed up before the award of

LOU/SAH- when I try to ask about it the best that anyone can figure (including my VSO whom I’ve only

had contact with maybe 6X since 2011 when this started) …is BVA is holding any entitlement to retro 

until this compensation issue is resolved…it is showing as an appeal- I originally asked for A/A - then the 

VA doctor at the C/P exam stated I needed assistance with many adl’s from radiculopathy of upper

extremities-(hands-fingers curled up), cervical arthritis, radiculopathy rated at 60% (and IVDS) so I/m not

sure what they will do- I’m not sure if they will give me 2-L’s or nothing because they never mentioned SMC… but 

it’s been waiting on judge review since Aug 20, 2020.  I thought I would get “L” with the loss of use—never thought about

anything else but heck…I didn’t  get anything.

B

[Rattler]

I am not sure if you didn't fall through the VA cracks.  I would think based on your contact with your VSO that I might be looking for a new one. I have known of other claims where the VSO is to blame for a claim going nowhere.

Did you request a video hearing at the BVA? If so that could be why it is taken so much time. If you were on a direct review it does seems long.

It could be possible to get them to advance you on the BVA docket because of your medical conditions. I will try and look up the VA form for that.

[pacmanx1]

5 hours ago, Bella said:

it’s been waiting on judge review since Aug 20, 2020.  

At the present time there is no real BVA timeline and the BVA is still focusing on the legacy appeals and the Pact Act claims and most to all AMA appeals have been put on the back burner until the BVA can catch up. Not saying when or for how long, I would say that the BVA has just not gotten to your appeal yet. You don’t have to believe me, but a lot of veterans are in the same boat, and I am one of them. I am getting close to two years waiting on a simple EED claim with a favorable medical opinion.

[broncovet]

Bella, you probably want to get "to the bottom" of what is going on.  The 

BVA does not have authority over your (claim/appeal) "until/unless you give them such authority", when you file a NOD.  

Unless you or your representative has given them said authority (filing the NOD), then you probably do not have an appeal.  

And, you have to have a denial (written) in order to appeal.  You dont "appeal" a claim in progress, you have to wait for a decision, then appeal.  

This sounds like a VSO/communication problem.  If you feel your VSO has neglected you since 2011, you can change VSO's, by simply going to another VSO and sign a POA, which cancels the old POA.  

If your VSO has otherwise given great service, then call him and discuss this with him/her.  However, if this is an ongoing problem with your VSO, then can him.  

If you get a new VSO, my advice is to insist they have VBMS access, now sometimes called your "efile access".  

You need that VSO to have VBMS access to know what is going on with your file, after your file is reviewed.  

After you get a new VSO, or get it straightened out with your old one, then review your file, and decide which way to go, but the first thing is to find out if you have an appeal pending or not.  You may have one, and not know it, if your VSO filed a NOD on your behalf.  

Otherwise you are in the initial claim phase.  

One thing you can do.  Send an IRIS email, asking for "the status" of aforementioned claim/appeal?  Then wait a few weeks for a response.  You want that response documented, so print or save their response.  

 

 

Edited April 11, 2023 by broncovet

[Bella]

Well it’s right at 1000 days waiting on a judge. 

Edited May 6, 2023 by Bella

[broncovet]

You can try the 1 800 number (ask Peggy), and see what they say.