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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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  • HadIt.com Elder

CAVC remand to BVA 10/26/2023.  Not even a docketing letter yet.  Will call to see if any progress. 

Call results:  Docket remains the same.  BVA Judge requested material from AOJ.  Probably my hard copy medical records which are lost in records management. 

My West Los Angeles VAMC outpatient treatment records for the Seizure Clinic and Spine Clinic in the early 1990s will not be available.  So much for that effort.  Records management never scanned the old medical files probably believing everything was in the benefits file as they should have been.

Does anyone have any experience with decisions on missing records that you can prove existed but are no longer in your benefits file?

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  • HadIt.com Elder

Has everyone with a reason for an expedited appeal applied for advancement on the docket?

My 01/31/2021 Appeal to the BVA was denied on 11/29/2022.  Appealed to the CAVC and remanded back to the BVA on 10/26/2023.  I am 82 years old and meet the criteria for advancement on the docket.  I did not wait for 3 years for the BVA denial.  Only almost 2 years.  

Those of us with reasons to advance apparently only get about a year faster.  And push everyone else into further delay.  Probably would not have requested the advancement if I had considered others and was not worrying about losing my mental capacity before getting heard with my wife still alive and needing results.

Just for me, I could drop it now.

Edited by Lemuel
clarify
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  • Content Curator/HadIt.com Elder
On 1/30/2024 at 8:35 AM, tazntaylr said:

26,290

Appeals ahead of you

Just curious, but how did you get that number?

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  • HadIt.com Elder

Received January 22, award letter granting me 20% PAC ACT Bladder cancer from August 10, 2022.  No change in combined rating of 80%.  Dropped spouse benefit.  Denied SMC. 

Going to contact CCK and see if they will take my SMC to the BVA.  Have had "medication dispenser" since it was ordered in July of 2023.  On second week of actually having the "upper level" care for my TBI medication by having a nurse fill that dispenser weekly.

Caught that watching Rattler's link to Haskell vs McDonough:  SMC-l Aid and Attendance - Page 4 - SMC L and L 1/2 - VA Disability Community via Hadit.com

 

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