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

[Vync]

Update: My appeal was denied by the BVA

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

My BVA/AMA appeal w/hearing took 1,198 days (3 years, 3 months, and 12 days) from submission to decision. I am not terminally ill, not over 75 years old, not having a financial hardship, not having a legacy appeal, not a PACT Act/Toxic Exposure appeal. It took about two weeks for the judge to make a decision.

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!

Quote

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 May 8 by Vync
Status update

[Lemuel]

15 hours ago, va777 said:

VA Appeal Status: VSO IHP Pending

I dont even have a vso and living overseas at the bva over 3 years now.. I tried to get a vso but never got contact info or answers that was years ago

Try NVLSP:  https://www.nvlsp.org/what-we-do/lawyers-serving-warriors?gad_source=1 from @broncovet

 

[Tbird]

NVLSP: Lawyers Serving Warriors® (LSW) Program

NVLSP's Lawyers Serving Warriors® (LSW) program offers free pro bono legal help with 4 DOD issue areas to veterans from all eras and veterans located anywhere. LSW attorneys are experts in the DOD matters of: (1) discharge upgrades, (2) military medical retirement, (3 ) combat-related special compensation, and (4) the Servicemembers' Group Life Insurance Traumatic Injury Protection Program (TSGLI). We partner with volunteer lawyers from over 100 national law firms and corporate legal departments to assist veterans and servicemembers in securing the DOD benefits they have been wrongfully denied. LSW attorneys leverage their expertise to train and mentor volunteer lawyers so they are prepared and qualified to handle LSW-referred pro bono cases before the DOD and in court. LSW also partners with pro bono lawyers on class action litigation involving systemic issues impacting these 4 DOD programs.

LSW encourages online applications for the 4 DOD matters we handle. If you need additional assistance applying for one of the 4 DOD matters we handle, you may contact Email Address Redacted or call 202.265.8305 Option 5 and leave a detailed message, indicating which of the 4 DOD matters you are applying for. Source: NVLSP

[Lemuel]

That medical retirement is a big specialty.  For veterans who tough it out without asking for a medical board and discovering the mistake later.  At least that is what it looks like from their questionnaire that I filled out.  "Denial", whether it is psychological or neurological in cause seems to be what they are fighting.

The DSM-5 is still treating the neurological denial (brain damage--anosognosia) as a symptom not the 1914 Babinski diagnosis of anosognosia.  At least there is now a diagnostic code for anosognosia except in the VA (only for civilian insurance billing), but the VA still requires it to be a listed DSM-5 diagnosis.  DSM-5 for psychiatric (behavioral) diagnosis.  And yes "Denial" is frequently a symptom of brain damage. 

The bridge of "denial" being a symptom of brain damage needs to be incorporated in the suicide ideation treatment to reduce suicide instead of telling the veteran he has an adjustment disorder.  The veteran needs to be told that he has an adjustment disorder that may have been caused by a brain injury at some time in his life.  VA does not want to do that in the record because it opens the door for compensation to a walking talking veteran that cannot hold a job because of "denial".

Edited July 13 by Lemuel

[Lemuel]

My current BVA status, according to a phone call I received from a BVA clerk, is that my "Legacy Appeal Hearing" will be heard in about 2 weeks.  She was questioning whether I wanted to have the hearing I appealed to the CAVC for or go back to AMA as my attorney was asking.  I said I would go back to the CAVC if my hearing was not granted, my additional evidence was not considered, and my facts as referenced in specifics in my file as opposed to the RO (and Statement of the Case) decision were not referred to in the BVA Decision were therefore arbitrarily and capriciously ignored.

Will post this to the DBQ question also as it relates.  Essentially, the ability of the examiner, the RO and the DRO to ignore your statements to them and items in the record including non VA physician's examinations and etiology statements.

Edited July 13 by Lemuel

[Lemuel]

I am removing CCK as my attorney tomorrow because they do not want to fight the BVA remanded case.  Only current claims for SMC.

I want the whole ball at once to the BVA and my motion to refer my case to the Director, Compensation Services.  TBI with or without epilepsy, by its very nature is complicated.  With epilepsy is more complicated because of the requirement to "observe or CONFIRM".  Rating Officers only read as far as "observe" and do not find treatment for as confirmation.

If I lose at the BVA and the facts are not determined from file references in my brief and motions, I will return to the CAVC with a claim of "arbitrary and capricious" refusal to do the fact finding that they are solely responsible to do.

I really thought CCK would handle this.  They have a lot of past clients and future clients that would benefit.

Edited July 17 by Lemuel
correct error

[Vync]

@Lemuel Observe or confirm? Geez. It's not really possible to reliably predict epileptic attacks. Same thing with asthma attacks. At least with asthma, they specifically state that a vet does not need to be experiencing an attack at the time of the C&P, but they just have to have documented treatment in the past.