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BVA direct review

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Ken Dillon

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I have a claim in at the BVA for direct review. It's say waiting to be sent to a judge, it's been the for 18 months. If I were to call the BVA do you think I will get updated information or just a run around? Thanks

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From my understanding the BVA isn’t giving anymore timeframes because they are behind. I would expect a wait time around 24 months 

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6 hours ago, Ken Dillon said:

I have a claim in at the BVA for direct review. It's say waiting to be sent to a judge, it's been the for 18 months. If I were to call the BVA do you think I will get updated information or just a run around? Thanks

We feel your frustration and your pain. Some of us have direct review appeals longer than your 18 months and the VA will not be rushed and if you convince them to process your claim sooner, you may not like their decision. Am I saying that the VA could decide an appeal improperly, keep in mind that they are in the position to help or to not help.

Example: I filed a reopened simple claim for an EED (Earlier Effective Date). The VA reopened my claim and sent me to an updated/new C & P exam, the examiner reviewed my records and wrote a favorable medical opinion that there are/were VAMC medical records/evidence that predate my current rating decision that goes back to a prior denied claim. The VA then denied my request for an EED. I then filed a supplemental to request my EED and the VA denied that claim within 30 (thirty) days and I was told to file an HLR. Since the VA just denied my claim twice, I thought, why should I give them a third try just to deny my claim and I would still have to file an appeal to the BVA to get a proper decision. Well, I filed a direct review to the BVA with a favorable medical opinion but my claim/appeal like yours and others have been sitting at the BVA waiting to be sent to the VLJ for review. So much for my simple request for an EED. In less than 100 days I will hit my two years waiting time. 

When I check va.gov or call Peggy, the 1 (800) ask me no questions and I won't have to lie to you that my appeal is still at the BVA on the docket waiting to be sent to the VLJ to review. In my particular case, since the BVA just awarded me an EED for a different decision, I am quite sure they already looked at my other claim/appeal and have decided not to even comment on it making me wait until they decide to make a new decision. 

Edited by pacmanx1
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Yea, its frustrating.  Since it apparently shows up in ebenefis/va.gov, at least it did not get lost somewhere.  (happens often).  

Remember, dont expect a check a few days after a board decision.  You have to wait for the VARO to implement it, and that takes still more time, often from a few weeks to months.  

Hang in there. 

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I just received another (3 times now) favorable grant of benefits from the BVA appeal judges.  My appeal for increase of IHD/CAD Vietnam AO Ischemic heart disease from 30 to 60% was a 90 day delay for new and material evidence appeal.  At end of 90 days the judge approved my appeal/claim for 60% within 22 days plus another retroactive SMC-S award to boot that is now displaying in my VA GOV payment history list. 

For me the VA GOV web site has been valuable and up to date information.  Have not received the actual paper decision yet but no worries.

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Edited by Dustoff1970
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22 hours ago, broncovet said:

Remember, dont expect a check a few days after a board decision.  You have to wait for the VARO to implement it, and that takes still more time, often from a few weeks to months.  

Some BVA decisions used/still to go to the AMC Appeals Management Center (the Black hole) for further development and or implementation. I think the VA changed the name of the AMC to the DROC (Decision Review Operation Center). My last decision came from there and it took less than 10 (ten) working days for them to compute my retro pay with an earlier effective date of my TDIU rating. 

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