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]

2 hours ago, Dot09 said:

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.

The claim was originally filed 5 years before the decision in 2000. However, it wasn't until I almost died a few years ago that I had time to go back through everything. I figured that if they repeatedly screwed up things now, I had to go back and check. I got one thing corrected, just waiting for two more...

[Rattler]

9 hours ago, pacmanx1 said:

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.

As someone who has been waiting over three years for the Office of General Counsel to approve my application for a claims agent. I can tell you that you can only have one POA at a time. If you file a new POA it will cancel out the other. 

[Rattler]

I found this on NVLSP site. Sounds like its right up your alley.

 Godsey v. Wilkie

On June 13, 2019, the U.S. Court of Appeals for Veterans Claims (CAVC) certified its first class action. The case, styled Godsey v. Wilkie, was a petition for extraordinary relief brought by Covington & Burling LLP and the National Veterans Legal Services Program (NVLSP). The petition was filed on behalf of veterans James A. Godsey, Jr., Jeffery S. Henke, Thomas J. Marshall, Pamela Whitfield. It sought relief for all similarly situated VA benefits claimants who have filed an appeal to VA’s highest tribunal, the Board of Veterans’ Appeals (Board), and since have suffered extended delays waiting for VA to begin moving their appeals forward in a process called “certification.”

The CAVC partially granted the petition in the same order that it certified the class action, concluding that 18-month or longer VA delays to begin that process are “per se unreasonable.” “Such delays are particularly intolerable,” the Court stated, “because they consist of nothing but waiting in line: ... no action whatsoever on the part of VA” while the veterans have continued to wait.

The National Veterans Legal Services Program (NVLSP) represents some of the veterans whose VA appeals have been delayed for a long time in the recently certified Godsey Class Action. In order to help us determine if you are covered by this Class Action, please complete this form.

Other Class Actions can be found hear.

 

https://www.nvlsp.org/what-we-do/class-actions/

 

 

[Vync]

@broncovet I do remember reading that CUE can be filed at -any- time. I had forgotten about that when I appealed to the BVA. Yes, I believe the DRO made the same mistakes which were made before. Just have an odd hunch that the DRO was new and felt it may have taken too long or required too much work to research and apply the Federal Register regarding the laws/regs/policies in effect back in year 2000 when the original error was made. Also, my VSO asked me to stop submitting anything else because I did not have 20 year protection.

@Rattler Very interesting. My current BVA appeal involved denials on two CUEs, however the BVA only "certified" one of them. My VSO looked in the system and could find no reason explaining why it was not "certified" (whatever that means)...

 

[pacmanx1]

@Vync all appeals filed Direct Review to the BVA after February 2019 are not certified under the AMA program. 

I guess the joke is on me because I filed a CUE claim that the VA reopened and sent me to an updated medical C & P exam and as I stated the examiner wrote a very favorable medical opinion that listed VAMC medical records dated at least a decade prior to the VA awarding my current rating, this claim was just for an EED, but the VARO denied it. Under the CUE claim my claim should have been awarded and since the VA reopened my claim, under 38 CFR 3.156 the VA should have awarded my claim but it sits at the BVA.

@Rattler since AMA appeals are not certified, not sure if this applies, also under the AMA appeals, veterans no longer have to file a form 9.

My most recent BVA award that granted my latest EED for TDIU decision put me over the 20-year protection rule so that puts me in the safe zone. 

 

 

Edited October 27, 2023 by pacmanx1