Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

I have a ?

Rate this question


kidva

Question

How long does it usually take once a appeal is at this point. I can't remember 

A judge is reviewing your appeal

Your appeal is at the Board of Veterans’ Appeals being reviewed by a Veterans Law Judge. If you submit evidence that isn’t already included in your case, it may delay your appeal.

 

Decision soon

Your appeal will soon receive a Board decision. Submitting new evidence at this time could delay review of your appeal. If you’ve moved recently, please make sure that VA has your up-to-date mailing address.

Link to comment
Share on other sites

  • Answers 5
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

5 answers to this question

Recommended Posts

  • 0
  • Adminstrator

I will say, this can be 3-6 months from what I have run into.  On a positive note, I have heard on here where it can be faster.

The issue is not there really.  The main issue is after the BVA and they Grant/Remand/Deny, this is the part can take some time.

The first time for me at the BVA back to the Remand part took 2 years.

The last time back from the BVA took just over a year.  

The last change after the Remand took almost 6 months before they made the change, and I received anything.

My current CAVC came back to the Regional office January 2024.  I had my DBQ at that end of July, and they just pulled records and are now reviewing some more.  I am hoping they are done by the end of the year as they say this takes priority as it has been in the system so long.  

You are getting closer!

Link to comment
Share on other sites

  • 0
  • Moderator

I have to agree with Shrek that it could be up to a year’s time, but it should not take that long. It depends on whether it is a remand or a grant. Of course, remands take longer because the regional office has to address specific issues of the BVA Order, and a BVA grant should be a lot simpler as to just determining the rating percentage and the effective date without any development.

I have had a BVA grant sit at the regional office for just about a full year only for the regional office to recertify it back to the BVA without implementing it. Only for the BVA to remand it a second time and the regional office implemented the new BVA decision within thirty (30) days.

The fastest I have ever seen is that I had a BVA granted decision made and within a week, less than five (5) days I received my notification letter, and the retro deposit was sitting in my bank account, but this grant was sent to the (DROC-DC)  Decision Review Operation Center in DC for implementation, and it was not sent to my regional office.  As always, the VA do whatever they want but this was a good thing. 

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

Link to comment
Share on other sites

  • 0

My ? Is how long did it take the bva to make the decision once it with the judge.

I understand they can remand or grant.

It doesn't take a year to get the bva decision I don't think once it with the judge. I could be wrong 

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

I am working on 2017 remands from the BVA that VARO ignored.  I received a DROC DC decision on part of the remand 30 days after it got to the Director, Compensation Services. 

The faster part of the decision was the "Decision" by the BVA Judge in 2017.  Granted TDIU under the 70% presumptive rule.  Took longer because the decision was sent to another "Lemuel".  Once I realized there was a delay beyond what should have been and went to VARO to track it down it took another 30 days but still got the back pay for that part in 2017.  

The remand for an EED back to a 1987 extra-schedular claim took until April 2020.

The extr-schedular referal on tinnitus being under rated is one of the remands still unaddressed that should have been addressed by the DROC and the Director Compensation Services.

There is a next of friend claim from 1994 for TBI residuals for veterans filed in 1987 in District Court and shot down by the Feres Doctrine that I am fighting for that affects veterans who received TBI with multiple trama like me that were never granted TBI until the 2009 notice.

I also have an SMC-t claim up in this review by the BVA hearing on November 19, 2024.

Kicked CCK off my case because they only wanted to do the SMC-t because "they were in business to make money and the next of friend claim for others was too complicated for the assigned attorney."

Chose to do that, though I would like the SMC-T, I was a medic in the Navy for 13 years, 1961-1974, and feel like I am leaving the men I served with for 2 years in Vietnam, 1965-1967 behind on the paper trail.  

Yes, I have received mine and could have had more from the SMC-T claim for me and my deceased wife with CCK.  The next of friend claim means nothing to me financially but everything to me emotionally having spent the years from 1987 to the present fighting for fairness in addressing past wars compared to current wars.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder
10 minutes ago, kidva said:

My ? Is how long did it take the bva to make the decision once it with the judge.

I understand they can remand or grant.

It doesn't take a year to get the bva decision I don't think once it with the judge. I could be wrong 

My previous BVA decisions from hearing to receiving a copy of the decision took less than 60 days except for back in the day before the CAVC existed.  The set up was different then.

As with @Shrek TheTank , I received one deposit about 10 days before I received the decision.

If it has been more than 60 days, time to call 1 800 827 1000 and check on it.  You may have an unusal first name and had your decision sent to the wrong person like my 2017 decision granting me TDIU back to 2009 with the remands for other things.

Edited by Lemuel
add info
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • kidva earned a badge
      Collaborator
    • dennis simpson earned a badge
      Collaborator
    • Dave119 earned a badge
      One Month Later
    • ShrekTheTank went up a rank
      Contributor
    • kidva went up a rank
      Rookie
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use