BVA Timeline

[FlyboyLeRoy]

BVA direct review w/o judge submitted 01-11-2022. "average wait time of 1 year" was just pulled 2 days ago, 3 plus years later. I was curios on your, or someone you may know, experience with the timeline from a judge reviewing to decision, no matter the outcome. Thanks.
 

[pacmanx1]

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

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

What a big fat lie, using the OP (Original Posters) post we can prove that the VA is lying. The BVA received his disagreement on or around January 11, 2022, and today is August 25, 2024.

“The Average Days to Complete (ADC) an AMA appeal is measured as the average number of days between the date the notice of disagreement (NOD) is received by the Board and the decision (dispatch) date.”

The total number of days are 958 calendar days and 651 business days leaving out 307 weekend days and Holidays. So, they state the average timeliness goal is 365 days and project that the average time is 314 days for Direct Review Appeals. FlyborLeroy, is sitting right at 958 days and mine is well over 1000 days.

Please explain where I am off or what am I missing about this projected Decision Wait Time. We all know that the VA can’t count using their rating table but using their decision wait time seems to be using the VA’s funny math too. Just to make it plain a year or 365 days x 3 = 1095 days and there is no way the VA is telling the truth if veterans are hitting anywhere over 365 days x 2 = 730 days which seems to be the normal for some veterans. It may even be coming down but there is no way the VA is hitting their projected timeliness of 365 days with an actual target of 314 days.

FlyboyLeroy, I did not mean to mess up your thread but wanted to put out that the VA is still not telling the truth in accurately posting a timeline that veterans could actually follow and count on.

Edited August 25 by pacmanx1

[FlyboyLeRoy]

1 hour ago, pacmanx1 said:

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

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

What a big fat lie, using the OP (Original Posters) post we can prove that the VA is lying. The BVA received his disagreement on or around January 11, 2022, and today is August 25, 2024.

“The Average Days to Complete (ADC) an AMA appeal is measured as the average number of days between the date the notice of disagreement (NOD) is received by the Board and the decision (dispatch) date.”

The total number of days are 958 calendar days and 651 business days leaving out 307 weekend days and Holidays. So, they state the average timeliness goal is 365 days and project that the average time is 314 days for Direct Review Appeals. FlyborLeroy, is sitting right at 958 days and mine is well over 1000 days.

Please explain where I am off or what am I missing about this projected Decision Wait Time. We all know that the VA can’t count using their rating table but using their decision wait time seems to be using the VA’s funny math too. Just to make it plain a year or 365 days x 3 = 1095 days and there is no way the VA is telling the truth if veterans are hitting anywhere over 365 days x 2 = 730 days which seems to be the normal for some veterans. It may even be coming down but there is no way the VA is hitting their projected timeliness of 365 days with an actual target of 314 days.

FlyboyLeroy, I did not mean to mess up your thread but wanted to put out that the VA is still not telling the truth in accurately posting a timeline that veterans could actually follow and count on.

Oh I know. When I went a year past their “average timeline” I  was amazed. Then at 2 years I kinda just stopped checking and lost all hope. When I search docket search and type in numbers, I noticed there were several hundred claims with docket numbers way past mine already complete, leaving me more confused. I ended up getting 100% a few months ago, so if anything it’ll be a nice retro check. I hope the best for you. 

[broncovet]

Flyboy:  If you want the statistics on claims which are not legacy, feel free to read the BVA chairmans report.  I supplied the information on how to get to the Legacy, and you will need to dig to find yours.  

Pacman:  Well, yes VA lies to us.  More than once.  And they wonder why Vets dont trust VA, when the VA repeatedly lies to us.  

However, in their defense, these statistics were as of Year end 2023, the most recent available, and most of us know that all the hocus pocus on promising to reduce the backlog, appeal time is just that, 

and, its gotten worse in 2024, not better.  

So, its not surprising that it would take a year longer than in 2023.  My guess is that it will get much worse before it gets better.  

[Lemuel]

Part of what is happening is seen in my timeline.  Notice that it took from an appeal in 2010 to 2017 to get a BVA decision when I was under 75 beginning the appeal process.  And I was pushed up in 2017 by request because of reaching 75 in 2015.

Now I get pushed to the front of the line for 2 reasons.  Age and a remand from the CAVC.  That pushes others back.  And my time, from the CAVC remand is still more than a year to the hearing.  Making a total from the 01/31/2021 appeal now over 3 years expedited for age.  Notice the delay technique that was used because I briefed my case with references to the file for facts and stated as fact what was said in the file.

The BVA clerk would have had to do some work for the Judge, weighing the facts stated in the rating decisions against the facts in the medical records.  10,000 record pages, disorganized with copious duplications.  Pages orphaned from their dates.  Yes, a lot of work.  I wonder if the clerk that shirked the work is going to have to do it, or if I get a new judge and new clerk for the review of my brief and motions.

At least now I am ready to appeal on facts if they are not overruling the RO rating decision.  But that will take extra time and will push someone else back from getting their decision done earlier.  All because of the VA's use of the time value of money delaying cases, not doing them right the first time, you get the same dollars eventually, but not the same buying power.  $200,000+ difference in current dollar amounts than what I would have received in buying power if I had been granted TDIU on my 1987 claim in 1987 EED 1985.

[broncovet]

Yes, Lemeul.   Does anyone think its "normal" to take 7 years to appeal benefits they should have granted earlier, then pay them (IF, the Veteran manages to continue to jump through all hoops necessary for a successful appeal, and misses "no" required dates, such as the 1 year appeal period and the 120 day appeal period for BVA appeals, and, of course, replying to the SOC with the form 9, I think it is.  Or, the Verteran becomes too sick to continue the appeals or even dies.  

There is financial incentive for VA to give low quality health care (the Veteran dies early and misses out on benefits), and to delay and deny claims.  As long as that financial incentive continues, the delays, denials and low quality health care will continue.  Can you imagine getting paid for creating or inventing glitches such as losing key evidence?  

If VA had to pay interest, like Veterans do if they are late on their VA loan, the IRS taxes, but the VA pays no penalties and no interest for its part in delays, then claims would get done faster and better.  

[Tbird]

8 hours ago, broncovet said:

Yes, Lemeul.   Does anyone think its "normal" to take 7 years to appeal benefits they should have granted earlier, then pay them (IF, the Veteran manages to continue to jump through all hoops necessary for a successful appeal, and misses "no" required dates, such as the 1 year appeal period and the 120 day appeal period for BVA appeals, and, of course, replying to the SOC with the form 9, I think it is.  Or, the Verteran becomes too sick to continue the appeals or even dies.  

There is financial incentive for VA to give low quality health care (the Veteran dies early and misses out on benefits), and to delay and deny claims.  As long as that financial incentive continues, the delays, denials and low quality health care will continue.  Can you imagine getting paid for creating or inventing glitches such as losing key evidence?  

If VA had to pay interest, like Veterans do if they are late on their VA loan, the IRS taxes, but the VA pays no penalties and no interest for its part in delays, then claims would get done faster and better.  

I am with you. "If VA had to pay interest, like Veterans do if they are late on their VA loan, the IRS taxes, but the VA pays no penalties and no interest for its part in delays, then claims would get done faster and better. "