More BVA Lies

[pacmanx1]

If the below chart is correct and true as it states that it was last updated October 11, 2023, why do I have a Direct Review Appeal well over 700 days and counting? Each time I contact the VA, I am informed my appeal is on the Direct Review Docket waiting its turn to be sent to the VLJ. I bet that I am not the only veteran. My appeal is only for an EED, and I already have a favorable LHI medical opinion that the VARO ignored and denied my request for an EED.

 

U.S. Department of Veterans Affairs | 810 Vermont Avenue, NW Washington DC 20420

Last updated October 11, 2023

 

https://www.bva.va.gov/images/appeals/ama-appeals-small.jpg

Edited October 18, 2023 by pacmanx1

[Vync]

@pacmanx1 We are both waiting in the same line for the same reason: someone at the VARO failed to properly read the evidence and make a thorough and accurate decision based on the facts. Seems like this happened with just about every claim I ever filed...

@broncovet It seems like pacmanx1 and I are in the same situation: AMA lane, not PACT Act, not 75 or older, not terminally ill, and not hardship, so we're stuck on the back burner. I think I might email my VSO and ask them to send me a copy of the brief. I would be interested in reading the details because when I last spoke with my VSO rep lady, she seemed to not understand my case. If it was based on recent law I assume she would have understood it better, but mine is to correct an error made 23 years ago. 

[Dot09]

Vync 

I feel your pain. I can’t imagine waiting 23 years of resolution. The longest I have ever waited was from 2009 to 2013.

[broncovet]

Pacman..

I did not travel to Cleveland to sign the POA for the national VSO.  In my county, one VSO works for all of them:  DAV, VFW, etc.  I think the POA "travels" with the DAV, VFW, etc.  It does not designate "one person" but rather the DAV.  You may not have to physically sign if you signed one in the past.  

When I called the national VSO, I had to ask them who my representative was, I did not even know.  And, it changed several times.   IDK if this will help or not.  But it helped me knowing this stuff.  

[broncovet]

Vync

    This is the exact reason some suggest filing CUE, instead of a long appeal.  Berta mentioned that they can be much much faster than a long appeal.  But, always appeal within the year, UNLESS you have already received a letter that your cue was awarded.  

[broncovet]

Pacman and Vync:

   Its even possible to file a CUE NOW and for it to happen before your appeal makes it through the BVA.  I have conflicting information about if this (filing cue) will make any changes to the BVA appeal.  However, its been my experience "the left hand does not know what the right hand is doing", and that has been a universal motto with the VA.  So you can likely get away with filing cue now, but there is an outside chance the BVA may find out about it and not like it, tho I have never ever heard of that happening.  

    However, you cant have the same appeal going on with the BVA and the CAVC.  One will cancel the other.  Its easier for the BVA and cavc to communicate, there is only one bva and one cavc.  However there are many regional offices.  You can pretty much count on miscommunication between the varo and the BVA.  

[pacmanx1]

13 minutes ago, broncovet said:

Pacman..

I did not travel to Cleveland to sign the POA for the national VSO.  In my county, one VSO works for all of them:  DAV, VFW, etc.  I think the POA "travels" with the DAV, VFW, etc.  It does not designate "one person" but rather the DAV.  You may not have to physically sign if you signed one in the past.  

When I called the national VSO, I had to ask them who my representative was, I did not even know.  And, it changed several times.   IDK if this will help or not.  But it helped me knowing this stuff.  

Since my appeal is back at the CAVC, I recently signed a POA for my attorney. I am not sure, but I thought you could only have one POA. Even though my attorney does not handle any BVA appeals, I was thinking that this could cause problems with the BVA.