Appeals

[frosty69]

Being Terry didn't answer my question from the 17th, will post this to the group, as I really need a answer!

How to you appeal to the BVA, what is the wording, as I have claims coming down, that will get turned down, at the local VARO, as just about all my in-service medical files are gone, and can't prove hardly any of my in-service injuries and/or illnesses. I will see your answer in a couple of days, as I have to go down to Iowa VA again tomorrow. for a check-up, but am back now.

[Jay Johnson]

I'm not sure where you're at in your claim, but the process goes like this: You file a claim(s) then the RO issues a decision on your claim (they may hold off and ask for more evidence and/or a C&P)...once you get the RO decision you will have 60 days to add any new evidence before the decision takes effect (IE - pay cut/increase). You can also NOD the decision at this time. Your NOD should say "notice of disagreement" because of "X" "Y" AND "Z". Approximately, 2 months later your NOD will be officially accepted and you will get a letter saying they got your NOD and that you can either A) Check the box for a DRO, B) Ask for a statement of case and that you wish to appeal to the BVA, or C) Do nothing and drop your appeal (I believe you have 60 days from receipt of this letter to make a decision).

P.S. - You have 1 year to file a NOD on any decision by the VARO, but only 60 days to ask for a DRO/BVA appeal. I could be a bit off on some of these as I am new to the process myself, but this is how I understand it thus far.

Edited October 21, 2005 by Jay Johnson

[frosty69]

I'm not sure where you're at in your claim, but the process goes like this: You file a claim(s) then the RO issues a decision on your claim (they may hold off and ask for more evidence and/or a C&P)...once you get the RO decision you will have 60 days to add any new evidence before the decision takes effect (IE - pay cut/increase). You can also NOD the decision at this time. Your NOD should say "notice of disagreement" because of "X" "Y" AND "Z". Approximately, 2 months later your NOD will be officially accepted and you will get a letter saying they got your NOD and that you can either A) Check the box for a DRO, B) Ask for a statement of case and that you wish to appeal to the BVA, or C) Do nothing and drop your appeal (I believe you have 60 days from receipt of this letter to make a decision).

P.S. - You have 1 year to file a NOD on any decision by the VARO, but only 60 days to ask for a DRO/BVA appeal. I could be a bit off on some of these as I am new to the process myself, but this is how I understand it thus far.

thanks for the information

[frosty69]

thanks for the information

I can see the VARO IS SCREWING WITH SEVERAL OF MY CLAIMS THEN as it has been a year since I filed for A&A/Housebound, and several other claims, and haven't heard Boo from them, except when i call them on the phone, which I hate to do, but they always say they are working on it, but they are more them likely lying on the progress on my claims, as I have about 14 in progress right now.

Edited October 21, 2005 by frosty69