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BVA appeal, evidence submission lane

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Wade

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Hello,

On my behalf an attorney filed 2 BVA separate appeals - both with additional evidence - in December 2021.

I thought it might take a few years but it looks like it is still under staff review and hasn’t been given to a law judge yet. 

Should I prepare for a much longer wait?  Has the Pact act slowed down the process for those of us with pending BVA appeals 

Thanks for any input you can provide 

 

Wade 

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Welcome to Hadit. In my opinion yes the PACT ACT has slowed it down. For an example when I had my appeal back in 2021 it took about 6 to 8 months to go through. (To the BVA) Part of your problem is you have 2 of them going on at the same time. that may be the hold up as they may be processing them at the same time. 

This page is the Main BVA page

https://www.bva.va.gov/

How do I find the status of your appeal?

You can find the status of your appeal from the “Check your claim or appeal status” web page then following the guidance listed there. You can also call 1-800-827-1000.

 The Board decision wait times

https://www.bva.va.gov/decision-wait-times.asp

 

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Yes, the Pact act slowed it down.  Before that, it was "the new" AMA system which slowed it down. 

Before that it was something else, and before that something else resulted in delays.  The delays have been around for decades, and, there is no real evidence to an "end in sight". 

     You have an attorney, you could/should ask him.  He knows much more about your claim than we do, and he has or should have "up to date" VBMS access to know exacltly what stage you are in, while we dont.  Im sure your attorney would also love to be paid "sooner" rather than later, also.    Just be sure VA has your current address on file, such as if you move, and be sure you respond to letters, such as those asking for more informtion.  This means, you have to carefully read each letter VA sends to you, and respond appropriately.  

      Im sure your attorney already knows he can ask for an advance on the docket, and he should also know if you have such a hardship as you deserve being put to the front of the line.  Maybe your attorney does not know this, however, especially if you failed to tell him what dire straights you are in waiting on this money.  

 

My opinion is the delays have a single origin:

Quote

Delays happen because there is a  distinct financial incentive for VA to delay our claim.  

  How does VA benefit (financially) by delaying us?:

1.  Often, Veterans get frustrated, get sick, or even die before their claim is fully processed and funded, and VA makes the full value of the claim.  

2.  Veterans get so frustrated the commit suicide.  (Around 22 Veterans per day.  Most of these are not wealthy Vets, but rather many more are homeless, hungry or desperate, often because of VA claim delays.  ). How do I know?  I was one of them who lost my home waiting on VA to process my claim.  (more than 4 years later, I lost my home) 

3.  Even when the Veteran persists and eventually gets all claims awarded, he is paid with "yesteryears" dollars which wont buy nearly as much today.  In other words, Veterans are paid "0" interest, but instead compensated in 2006, dollars.  Its totally unfair Veterans, who are late on their taxes or VA loans, pay significant interest and penalties for paying late, but the VA pays no interest and no late fees.  

 

In all cases it all begins with VA delays, the longer they delay, the more they make.  And the more Veterans lose.  (Like our homes or our lives).  

 

      Take away the financial incentive, charge VA interest on every dime the VA pays "after the effective date" and watch claims hurry up like a rocket.  

 

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Not to say all the above means wait wait wait for those in need. I personal know your state legislator contact them email usually or phone if your in a hardship just say to their office explain the situation if you are then your case is flagged as a hardship and you go in the hardship line. Not years but months depending on the case. Im not saying go homeless for your claim Im saying if it truely exists ask for help….

 

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Within past year I received successfully two VARO claims and one BVA appeal.  The appeal was for an increase in my Vietnam Agent Orange Ischemic heart disease to 60%.  I sent new evidence directly to the BVA and requested they adjudicate this new evidence and not send it back to the VARO for the raters second probably denial decision.  This saved a great deal of many months and my appeal grant was fast after they received the new evidence.  Actually this was duplicate of what was sent to VARO on initial claim and denied by the AOs.

Earlier this year I received a very fast PACT ACT claim approval from VARO for Hypertension HTN at 0%.  Also received non PACT ACT 60% for GERD due to long term Nam PTSD and MH medications from the VARO (Very fast).

Additionally received 10% for Tinnitus due to Nam combat very fast from VARO.

After 30 years of filing my own claims and appeals to BVA and U.S. CAVC court I had all my ducks in proper order.  Good luck to you

 

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You and your attorney are choosing the best route. The BVA is the fairest of the fair when it comes to reviewing your case. Have you heard any movement on your claim?

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