VA Denial for Presumptive Conditions

[Dot09]

I definitely suggest evidence submission lane. As you have indicated getting a imo/ime. I also suggest submitting Va records that apply to the service connected condition. Granted it will take some time to review its well worth it in your favor to wait for a proper decision.

[pacmanx1]

44 minutes ago, Chief1997 said:

I have 3 choices for BVA appeal. I’m thinking of going with Evidence Submission Lane? Your thoughts on this lane or other lanes?

 

• • • Direct Review Lane: The BVA directly reviews the evidence that was before the VA in the decision on appeal. The BVA has a 365-day timeliness goal for this docket. No new evidence will be considered nor hearing available for this option.

 

• • • Evidence Submission Lane: Additional evidence can be submitted with a NOD and within a 90-day window following submission of the NOD, no later. The BVA does not have a duty to assist, no hearing is available, and the record is closed after the 90-day window.

 

• • • Hearing Lane: A hearing will be scheduled with a BVA law judge in which the BVA will choose the type of hearing (video conference or in-person in Washington, D.C). Additionally, the appellant may submit evidence the day of the scheduled hearing and up to 90 days after. The BVA does not have a duty to assist, and the record is closed.

Here is something you should know, appealing a decision is really screwed up at this present time. Direct Reviews to the BVA are taking well over two (2) years and counting. Filing a Supplemental with additional evidence or an HLR seems to be getting a rubber stamp denial. Yes, there are some getting granted but they are far and few.  I am just passing this information on to you. I have seen appeals dated after my BVA was docketed but mine is still collecting dust for over two year and all I filed for was a corrected EED to an already service-connected disability and I already have a favorable LHI C & P exam medical opinion. Supplementals and HLRs are take more than 90 days.

Edited October 14, 2023 by pacmanx1

[Dustoff1970]

With a BVA appeal you need to select the evidence submission option and not direct review option as the evidence submission allow you to submit new and/or material new evidence to support your claim/appeal.  You have 120 days (??) to submit the new evidence to bva after they acknowledge receipt of your appeal.  With a direct review option you cannot submit new evidence to the BVA.

Important.  You must also at the same time of new evidence submission request the BVA judge to evaluate the new evidence at the BVA and not send it back to VARO for their adjudication as this will greatly delay your BVA appeal and the VARO probably will again deny your new evidence and claim.  This is what I have done successfully on two separate BVA appeals since 2017.

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

Edited October 14, 2023 by Dustoff1970

[pacmanx1]

All BVA appeals are taking longer than what you can find on-line. Direct Reviews are supposed to be decided in less than or around 365 days and my Direct Review appeal is well over 750 days and counting. Each time I contact the VA or send a Whitehouse hotline request for status update, the response comes back that my appeal is on the Direct Review docket waiting its turn to be sent the VLJ. With that said, I am quite sure if the BVA is dragging their feet on my Direct Review claim for an EED, I am quite sure other veterans are waiting for their claims to get decided. Keep in mind that even though the veteran may have a short window to submit additional evidence, that does not mean in any way that the BVA will decide their claims on time. 

Edited October 14, 2023 by pacmanx1