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Update On Time Frame For Bva Appeals


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11 replies to this topic

#1 broncovet

 
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Posted 09 June 2011 - 10:22 AM

I just got off the phone with the DAV, as well as the BVA. According to both of them, the BVA is currently adjuticating BVA claims docketed in 2008, and wont likely reach 2009 docketed appeals until late 2011 or early 2012. So, if you have a claim waiting at the BVA, you can keep this in perspective.
Hope this helps. Of course, if you have a hardship, etc and are eligible for an "advance on the docket", this does not apply.
Essentially, the BVA is 3 years behind...AFTER the claim is docketed.

#2 Commander Bob

 
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Posted 09 June 2011 - 11:38 AM

I just got off the phone with the DAV, as well as the BVA. According to both of them, the BVA is currently adjuticating BVA claims docketed in 2008, and wont likely reach 2009 docketed appeals until late 2011 or early 2012. So, if you have a claim waiting at the BVA, you can keep this in perspective.
Hope this helps. Of course, if you have a hardship, etc and are eligible for an "advance on the docket", this does not apply.
Essentially, the BVA is 3 years behind...AFTER the claim is docketed.



Thanks for the heads up,'broncovet'. Glad that you have an insider to talk to. Is your DAV NSO aware of the VA system wide conference call about two weeks ago, when it was mentioned that due to the hoop-la over the long claim wait time period, more staff members are needed to work new claims. A varo that I am aware of, kept a skeleton staff to work appeals, and moved everyone else in that section over to work new claims. jmho... This will create a bottleneck in the appeals section, and add months of additional wait time for DRO reviews and other appeals. I wonder how many other VAROs did this???

Edited by Commander Bob, 09 June 2011 - 11:40 AM.


#3 pete992

 
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Posted 09 June 2011 - 12:00 PM

I just got off the phone with the DAV, as well as the BVA. According to both of them, the BVA is currently adjuticating BVA claims docketed in 2008, and wont likely reach 2009 docketed appeals until late 2011 or early 2012. So, if you have a claim waiting at the BVA, you can keep this in perspective.
Hope this helps. Of course, if you have a hardship, etc and are eligible for an "advance on the docket", this does not apply.
Essentially, the BVA is 3 years behind...AFTER the claim is docketed.



Unfortunately, there is and always will be more to the story. From my understanding BVA is working on docket year 2009 but the POAs are further behind like 2008, 2007 and some 2006. Of course all this does not really matter because if BVA is working on 2009 as soon as the POAs complete a review of the veterans' claims, those claims will have to be worked in before the 2009 claims. Keep in mind that administration (paper work) is a never ending cycle, it is a creature that can not be tamed. In any other field you can at least complete one project and move on to another but not paper work.

Edited by pete992, 09 June 2011 - 12:01 PM.


#4 john999

 
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Posted 09 June 2011 - 03:14 PM

What about remands from CAVC? My claim was remaned back to BVA from CAVC. It has already been 5 years. You know you can end up going to federal court if you fail at CAVC. It happens in many important cases. It happened in Cushman vs VA which is a very important case. This guy has been waiting for years if not decades. If you have a CUE everyone should look up Cushman 2009. This is a case where VA forged/altered medical records after the fact to defeat a veteran's TDIU claim. This goes to all cases where the VA did not use all the evidence in a claim since the court decided the vet's due process rights were violated. So if the VA shredded/lost/ignored your evidence they violated your due process rights. You have to prove it, of course. If you consider that you start a claim at RO and it ends up in federal court and then is remanded all the way back to CAVC/BVA and even RO this could be ten years.

#5 pete992

 
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Posted 09 June 2011 - 04:24 PM

What about remands from CAVC? My claim was remanded back to BVA from CAVC. It has already been 5 years. You know you can end up going to federal court if you fail at CAVC. It happens in many important cases. It happened in Cushman vs VA which is a very important case. This guy has been waiting for years if not decades. If you have a CUE everyone should look up Cushman 2009. This is a case where VA forged/altered medical records after the fact to defeat a veteran's TDIU claim. This goes to all cases where the VA did not use all the evidence in a claim since the court decided the vet's due process rights were violated. So if the VA shredded/lost/ignored your evidence they violated your due process rights. You have to prove it, of course. If you consider that you start a claim at RO and it ends up in federal court and then is remanded all the way back to CAVC/BVA and even RO this could be ten years.


John999

Yes, you are correct, claims that are remanded from the CAVC will also take priority over the current claims pending and claims on remand from BVA.


#6 shag

 
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Posted 09 June 2011 - 05:14 PM

Is that time before or after the folks do the doctor shopping thing? Sorry to be such a downer, but this has just happened to me after 6 years waiting. I guess National Institutes studies, China's Orthopedic Hospital studies, Finnish Research studies, as well as, the doctrine of equipoise, or doctors statements more likely than not,,,is enough evidence to determine some claims.:dry:: Which begs the question: Could the government spending money on research that the government ignores be a frugal use of taxpayer money? And, could that be part of the government deficit that is in the news?

Edited by shag, 09 June 2011 - 05:21 PM.


#7 Commander Bob

 
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Posted 09 June 2011 - 06:23 PM

Is that time before or after the folks do the doctor shopping thing? Sorry to be such a downer, but this has just happened to me after 6 years waiting. I guess National Institutes studies, China's Orthopedic Hospital studies, Finnish Research studies, as well as, the doctrine of equipoise, or doctors statements more likely than not,,,is enough evidence to determine some claims.:dry:: Which begs the question: Could the government spending money on research that the government ignores be a frugal use of taxpayer money? And, could that be part of the government deficit that is in the news?


I think you have captured the essence of wait-time,'shag'. Sounds like you have all your ducks in a row, even your Peking ducks... love the "doctrine of equipoise", you cited.

I've always thought all the VA research slice of the pie, was a big obstacle and a part of the problem. However, I'm beginning to think in terms of maybe it's a tsunami of claims that has drowned the vets waiting on the beach for an answer from above... I truly think it's time to rebuild the system.... jmho

Edited by Commander Bob, 09 June 2011 - 06:24 PM.


#8 broncovet

 
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Posted 09 June 2011 - 08:01 PM

According to the NY Times and Veterans for common sense, the delay in Veterans claims is, in no small part, due to Obama's failure to appoint 3 desperately needed new judges to the CAVC:

http://www.veteransf...-new-york-times

#9 Commander Bob

 
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Posted 09 June 2011 - 08:10 PM

According to the NY Times and Veterans for common sense, the delay in Veterans claims is, in no small part, due to Obama's failure to appoint 3 desperately needed new judges to the CAVC:

http://www.veteransf...-new-york-times


jmho.. this problem goes beyond politics.

http://www.veteransp...it_decision.pdf

C.B.

Edited by Commander Bob, 09 June 2011 - 08:11 PM.


#10 john999

 
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Posted 09 June 2011 - 08:53 PM

The Empire strikes back!

#11 Commander Bob

 
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Posted 09 June 2011 - 09:10 PM

The Empire strikes back!



May the force be with you...

#12 shag

 
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Posted 10 June 2011 - 08:21 AM

me thinks you're right Commander Bob, but you have lightened my mood. Falling on the Floor LOL about the Peking duck.....