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What is everyone's current BVA appeal status as of January 2024?

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Vync

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  • Content Curator/HadIt.com Elder
Posted (edited)

Update: My appeal is currently being reviewed by a judge

Just curious where everyone else is sitting with their BVA appeals.

This month, my BVA AMA appeal turns 3 years old. It was an appeal of a CUE denial I submitted in 2019. The BVA received my appeal in January 2021 and the video hearing happened in December 2022. VA.gov still says it is waiting to be assigned to a judge to make a decision. I realize there are a ton appeals ahead of me as I am not terminally ill, not over 75 years old, not having a financial hardship, not having a legacy appeal, and not a PACT Act/Toxic Exposure appeal.

Not only did I receive one copy of this email today from the VA, but they were nice enough to send me a second copy of it! Bonus!

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Dear Vync,

Your appeal, docket number 2101##-######, at the Board of Veterans’ Appeals continues to be in Appeal Docketed status. We must work cases in the order in which your VA Form 9 substantive appeal (for Legacy) or VA Form 10182 (for AMA) was received and we will update you with any progress.

 

 

 

Edited by Vync
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4 hours ago, rentalguy1 said:

I have two separate appeals at the board as well but they are both new. One for PCAFC since July '23 and the other for comp issues since October '23. I am hopeful the caregiver claim has different rules and is processed more quickly but something tells me it's not. I can't work up the courage to investigate.

To give you some hope, from what I am seeing, the PCAFC cases are being heard in a timely manner at the Board, much quicker, and not in competition with other claims. The drawback is that the Board is remanding the claims back to the VHA to be properly re adjudicated. There is where they hit the VHA's backlog and linger for quite a while.  Some for more than a year.

At the web site below, you can look up those prior decisions that have come before the Board to see how they were handled. The one decision that was actually granted by the board was my own appeal for level 2 caregiver benefits.

Copy and paste the link provided below into your web browser , Then, In the BVA's search box type , VA cpafc caregiver appeals.

To see my own case, type my citation number in the search box  A22011682.  Good luck, and God's speed to you Sir!

https://search.usa.gov/search?affiliate=bvadecisions&_ga=2.77268117.1265507262.1648799257-1511624019.1640929699

 

Don't be surprised if the CPAFC caregivers program comes up as a topic for discussion on the Exposed vet Podcast on Thursday evening, 01/04/2024 at 6:00 Central time. Dial (515) 605- 9764 to listen in.  I have also written quite a bit about appealing a PCAFC caregiver's decision at my website,

vatheredneckway.com

Edited by jamescripps2
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  • Community Owner

Fixing to send one in. Look for a future post by me on the VA's new / old trick of not outright denying a claim but sending you a letter without a direct denial or giving the M21 or 38 CFR reasons for the denial. 

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I remember being 638,000 back in line for a legacy appeal. I was in that line for more than five years. Finally, in 2022 my claim was removed from legacy and became AMC and was advanced on the docket because I was a R-2 vet. The claim granted me five years earlier effective date for my earlier grant for R-1. As a result I was back paid ten years in total R-1 pay. It was well worth the wait.

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