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      How to get your questions answered. A few observations, and requests of all members. All folks who come here are volunteers who do this on their own time and their own dime.To avoid burning out our best contributors please follow these guidelinesf you are reading a post and it reminds you of a question you want to ask, start a new topic, if you place your question in someone thread it will be difficult to distinguish your question from the original poster, you will get better results posting a new topic with your question. 1. Before Posting please do a search and see if your question has already been answered. If you find the answer print it out and put it in a file to use as a reference file, I find this helpful myself. 2. If you can not find the answer and you do post a question, please print out those answers and refer to them to avoid duplicate questions. 3. Refer to the Frequently Asked Questions4. Duplicate questions will come up from time to time but the keeping them to the minimum will lighten the load on the regular volunteers.5. Respect folks privacy do not request their personal phone numbers for claims help, it is inappropriate and not why they are here.6. Keep the topics focused on veterans issues, in closing Search first Search ... Ask second.it may save a lot of time or at the very least enlighten you.
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    • A bit about Tbird and HadIt.com for those who've asked...

      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. I would not file the PTSD claim, nor even discuss it. By Feb 1991 I had moved to the San Francisco bay area and was staying at a friends apartment and pretty much I was just a puddle. In desperation one night I called suicide hot line, I had no job, no idea about going to the VA. They talked with me for a long time and explained to me that I could go to the local VA hospital even if I did not have insurance. Now, I know what you are thinking if I was 50% why didn't I just go to the VA in the first place, two reasons 1, this was Feb 1991 and the 50% didn't come till May and 2, even if it had come through it is unlikely that I would have had the mental acuity at the time to put the two together. I relate this here because it is where so many of our brothers and sisters are coming from, perhaps where you started. Fuzzy and unsure, in pain and sometimes homeless they come to the VA hospital for help. And that is where I ended up. Up to the pysch ward I went, blah, blah, blah, a few days later I was released with a promise of a call from the out patient program, which I would soon be entering. Blah, blah, blah, after many missed communications, and no call backs I was at the Day Hospital everyday M-F. And this brothers and sisters is where I began to learn and formulate my plan for HadIt.com. Veterans, veterans everywhere…I spent a year in the day hospital and about another year at a sheltered workshop before I got back on my feet. So I just talked to veterans everyday waiting for appointments, waiting for prescriptions, waiting for a vet rep and I started to learn the system. While in the navy I was data analyst and had to learn a 5 volume manual and just about anything you were suppose to do was in that manual. So I figured there must be a manual on how to do a VA claim or at the very least regulations. So I found out about the Code of Federal Regulations, United States Code, Veterans Affairs Manuals and so on and so forth. Of course this was 1991/1992 I was living in a tiny studio apartment in a particularly bad neighborhood, working in a sheltered workshop making a nickel per envelope I stuffed throw in PTSD and you will see that it was a difficult task for me to get somewhere where they had copies of these, let alone that they would let me look at. And there was so much knowledge around me, it was like the gold rush in those days, I could just sit on a bench a veteran would sit down next to me a little conversation later I had another nugget, I made copious notes. Phone numbers to call, ask for this guy or that guy he'll give you the straight scoop and they'd slip me a piece of paper with a number on it. You want to read this regulation or that one and another slip of paper into my hand. I spent a lot of time on those benches watching the squirrels they gathered their nuts and I gathered mine :) So I'm thinking I could put a little handbook together print it out and hand it out at the VA. Or perhaps fliers. Still formulating, time goes by, 1994/1995 I am being treated for PTSD regularly and doing and feeling much better and I go to work for a company as a marketing systems analyst and I discover the internet. Well let me tell you that was perhaps one of the most significant life changing events I have ever experienced. And I might add finally a positive one :) It seemed only natural to me that surely there must be a website that contained all the knowledge I wanted, well as it turned out not so much, lots of stuff but I wanted to get straight to the claims information and there was a lot of stuff to wade through to get to it. So taking my lesson from the squirrels earlier I started to gather, gather, gather…and learn HTML and work as a marketing systems analyst and work my claim. 1996/1997 major PTSD cork blows and unemployed. Working my claim, working the website. 20 Jan 1997 register HadIt.com domain name right after getting off the phone with the VA and saying I've had it with this. As fate would have it the old DAV board goes down just as mine opens up and folks start to wander in. So HadIt.com has two main components the website which supports the discussion board with links, articles, research resources etc. The website starts to grow, I can't tell you how many times I had to switch servers for space and features. I continue on a downward trend and in 1998 ended up back home in St Louis living in my sisters basement in therapy and working it, I swear I would have swung a dead chicken around my head at midnight naked if I thought it would have helped. The website continued to do great during this time, I just stayed in the basement bought new software, new books, and learned how to make things work and I continued to use this knowledge to make HadIt.com better. My 100% finally came through from the VA and I had a friend who is an advocate who helped me thru my SSDI claim, he was literally at my side thru the entire process and that came through for me. My therapist and sister continued to try and get me to leave the basement, but to no avail. At some point in 1998 or 1999 I put a counter on the website and was shocked to discover how many visitors we were getting. Time goes by my sister gets married and I move from the basement to the upstairs, there is much celebration that Aunt T is living in the light again. More time goes by and I settle into my life in St Louis and spend more time on the site trying new things, finding more information. 2003 I buy my own home VA loan. For years now I have just considered HadIt.com my job and I get up every morning go to the office and work for several hours, take an afternoon break and see where the rest of day takes me. I have a place in the office to use the computer and a comfortable to place to read journals and articles and take notes. Blah, blah, blah so that is my story and HadIt.com's intertwined.
    • HadIt.com Pass It On Cards

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    • VA Training and Fast Letter Forum Index

      VA Training and Fast Letter Forum Index The following is the index with links to the various Training and Fast Letters plus a few miscellaneous. These letters are not necessarily in the original formatting. I have tried to present them in an easy-to-read form instead of some forms as originally presented. Some of the paragraphs were WAAAAYYY too long. lol - HadIt.com Member fanaticbooks Something to be aware.... Some of these letters may be rescinded, outdated, or otherwise no longer viable. I have still included them because sometimes they provide additional insight or just plain more information than the newest version. Use them wisely. The oldest letters will display at the bottom with the latest letters displayed at the top, all in sequential numbers. Coding of the letters... FL = Fast Letter TL = Training Letter First two numbers = last two digits of year of origin Training Letter http://www.hadit.com/forums/index.php?/topic/40694-va-tl-00-07/ http://www.hadit.com/forums/index.php?/topic/40693-va-tl-00-06/ Fast Letter Number Title http://www.hadit.com/forums/index.php?/topic/44262-va-fl-11-15/ http://www.hadit.com/forums/index.php?/topic/44260-va-fl-11-13/ http://www.hadit.com/forums/index.php?/topic/44261-va-fl-11-11/ http://www.hadit.com/forums/index.php?/topic/44310-va-fl-11-09/ http://www.hadit.com/forums/index.php?/topic/42151-va-fl-11-03/ http://www.hadit.com/forums/index.php?/topic/40957-va-fl-10-49/ http://www.hadit.com/forums/index.php?/topic/40958-va-fl-10-46/ http://www.hadit.com/forums/index.php?/topic/40959-va-fl-10-45/ http://www.hadit.com/forums/index.php?/topic/40960-va-fl-10-42/ http://www.hadit.com/forums/index.php?/topic/40961-va-fl-10-39/ http://www.hadit.com/forums/index.php?/topic/40962-va-fl-10-35/ 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New Evidence For Bva

111 posts in this topic

Posted · Report post

Hello to all, I was wondering if someone could help me out with some advice. I submitted a claim to the VA in 2007. I have esophagitis, with a hiatus hernia. Also GERD. I returned from Iraq in 2005, was discharged in 2006, went to the VA and began getting treated and diagnosed, (upper GI)and then treated with omeprazole and some kind of nasty thick liquid stuff. The Doc called for a endoscopy, so I waited for an appt. which never happened. So the next time I went in for an Appt. Doc wanted to know about the endoscopy, so he pulled up something on his computer, and it said it was put in as a routine procedure and was denied. This went on one more time till the Doc had to call Gastro to set it up himself. 2yrs into the process. Got the scope done and was discovered a Hiatus hernia and GERD with a small ulcer. Like I said earlier I submitted the claim in july 2007. In Feb 2008 It was denied, stating" that everything had resolved itself". I then put in an appeal with the VA, spoke with a DAV person who was helping me. I was given a choice as to where my appeal would go, and was advised that it should go to a DRO. Anyway,I think a mistake was made and it got sent to the Board of Veterans appeals in Washington DC. I don't understand the paperwork flow but it is what it is. So, today I had another Endoscopy done at the VA, and the findings are:

Moderately severe esophagitis seen in the distal third of the esophagus(530-10) Biopsy taken

34-37 cm level esophagitis

A hiatus hernia was found in the GE junction (553.3) 37-40 cm level

Erosive gastritis was found in the antrum (553.40) Biopsy taken

Normal body of the stomach, cardia, and funds. Two biopsies taken

Normal Duodenum

This looks similar to the first Endo that was done in 2007, when I filed my claim.

my question is, do I, or can I submit this to the BVA, and if I can how do I do it?

Thank you for listening and or helping me.

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Posted · Report post

Yes. Mail it to BVA with your claim number. Or fax it. 202-632-5842. A fax is a legal form of receipt verification.

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Posted · Report post

thanks

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Posted · Report post

qwik,

First of I'd be sure the c-file has actually been transferred to the BVA's jurisdiction

AND

if it has AND you are submitting some additional evidence to them

BE ABSOLUTELY SURE

to also submit a signed Waiver Of VARO Consideration (to the BVA)

or they will automatically remand it back to your RO for their consideration.

This will save you about 12-24 months.

JMHO

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Posted · Report post

Agree. I put waivers on what I sent. Again, if you have a complicated case with a significant back award, I think you are better served by having it at BVA rather than going through the DRO process. There have been claims that it might take two years there. but someone recently posted the BVAs own figures that put it at more like 250 days and a chunk of that is for POA review. That has been my experience.

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Posted · Report post

Well, I just found out about benefits!!!! I got a premium account and started doing some research. According to their records, my appeal was received by the BVA on 1/29/2010. The latest it looks like is "date of current progress is 06/01/2011. It also says it is "current progress is with VSO "3", whatever that little 3 means. Anyone wanna take a guess as to what is happening, or maybe a time frame??

The initial claim all started on 06/25/2008.

Also, what does EAA-119 by phone mean as far as "What we have received from you".

Ebenefits...sorry.

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Posted (edited) · Report post

Ok, I just got off the phone with the DAV. Supposedly they are backlogged.. First I called the BVA, who told me they are working on 2010 cases. They informed me that my appeal is being held up at the DAV. That as soon as the DAV would send it to them(BVA) they would work it and give it a docket number. She, the (BVA) gave me the number to DAV to find out where it was as far getting it to them. I called the number and talked to a lady that told me that they wouldn't get to my appeal and work it until around October 2012. Claim opened 25 june 2008. Claim denied 28 August 2008. NOD 02 December 2008. Also opened claim for Hiatal Hernia at the same time . I don't know to much about the procedures, my Local DAV rep. helped me with these claims. Both are forms 21-4138, they were filed at the same time. My local DAV rep filed a 21-4138 stating I wanted a Decision Review Officer to look at my appeal, that was submitted on 3 march 2009.I received a letter from the DAV stating that the veteran wishes for a De Novo Review by a DRO on 16 March 2009. 9 April 2009 I was denied service connection for Hiatal Hernia. On 13 April 2009 another 21-4138 was submitted stating my NOD and to consolidate my other appeals and all gastrointestinal issues into one review(it is all related). I received a packet from the VA on 18 September 2009 stating that my appeal will go the the BVa, because "Deadline for submitting a response to appeal election letter. Since no response, the appeal will follow the tradition appeal process". Which is a LIE, because I submitted a 21-4138 stating I want a DRO to look at my appeal! On 14 October 2009, I let my DAV rep see that and she filed a Form 9 Appeal of Denial of S/C for gastrointestinal conditions, stating that we followed there rules. Claim appealed 14 October 2009.

Just a little background

While in Iraq, OIF2, I was treated for, what i thought at the time was severe heartburn, (prilosec, family sending me lots of tums.) I still have the corpsman's medical treatment paper. Outprocessing at Ft Stewart February 2005, I was given health assessment and noted that I was and still am having stomach problems. (I was In the National Guard). I was still in the National guard, just out processing the active Army side.(I was discharged from the National guard in May 2006). I went to the local VA in December 2005 because my stomach problems became worse. I was given an Upper GI, they found I had reflux and started me on Meds. My Doc at the VA requested an endo scope, however that was denied, 2 different times. Finally got a Scope done in June 2008 where it was discovered a hiatal hernia, esophagitis, gastritis and small ulcers. Got another scope done last week, same results,bigger ulcer.

Question is I feel the VA is trying to tell me there is no nexus here between my service and my conditions. Why is the DAV so backlogged???

Edited by qwiksting

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Posted · Report post

IF you feel you have a good claim and all the new evidence needed to win your claim, you could revoke your poa with the dva and move your claim back to the vlj review, but only if you feel your claim is solid with the new evidence you have.Also do not forget to waive regional office consideration when you send any new evidence to the bva.Vso's at the bva level is in fact the major holdup time while appeals are in washington,dc. BVA current's timeline after reciept of file in 2011 was 242 day's.From my own experience vso's even when they get to your file for review they still will only just submit a check off on the 646 and just send it back to the vlj as is without any argument's that would benefit you and your appeal. AGAIN THIS MY EXPIERENCE ONLY.Your appeal has been with the dva all this time and you didn't question why. I'm sure other's will or should reply . Good luck

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Posted (edited) · Report post

Yes, the local regional office is holding claims back while they jerk around...

so they don't make it to the BVA to get docket numbers.

In my case after my DRO hearing in 2010, they still haven't given a decsion on 3 out of 6 issues..

it appears, they could have just sent the denied claims on to the BVA ...

and those that they wanted to probe further or approve keep those local until they are finsished one way or the other, instead, they keep all the claims, in a file cabinet..

so, they do not even get the chance of getting a docket number, if they refuse to forward them..

My VSO told me, they still owe me several decisons from the DRO hearing in 2010, but i already knew that..

(my claims actual dates ( of being sent with a form 9, for appeal were actually in 2009, but I took a chance with a local DRO hearing in 2010, even after the form 9's, were sent in..)

but, yes, they get stopped at the local VA regional, and justs it in a file cabinet, and there is nothing a vet can do, but wait until they ship it to the BVA...

If they think they are going to do more local work, but it just sits and collects dust, why don't they let the vet know?

supposedly, in the coming week, hopefully, I will get the IRIS inquiry info on where everything is in mine...

in your case, you said (held at the) DAV, which is your VSO ? And your VSO, the DVA has not finished sending them to the Local regional office?

sounds weird, is the terminology different or wrong? Or did you mean it is being held at the regional VA claims office?

Ok, I just got off the phone with the DAV. Supposedly they are backlogged.. First I called the BVA, who told me they are working on 2010 cases. They informed me that my appeal is being held up at the DAV. That as soon as the DAV would send it to them(BVA) they would work it and give it a docket number. She, the (BVA) gave me the number to DAV to find out where it was as far getting it to them. I called the number and talked to a lady that told me that they wouldn't get to my appeal and work it until around October 2012. Claim opened 25 june 2008. ...............

Edited by retiredat44

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Posted · Report post

Yes, you can. File an IRIS request asking what is going on. It makes it public record and they can be held accountable for their answer.

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Well, the new evidence was submitted through my congressman here in Florida, Jeff Miller. I thing he has something to do with the VA, Chairman of the House committee on Veterans Affairs. When I called the DAv I asked about the new evidence and was told they received it and put it with my case. I also checked on Ebenefits to see what was going on with my appeal and see where there was some activity on the 10 of April. I don't think getting the congressman involved will speed it up, but maybe someone will actually pay attention to the obvious evidence and see I was stricken with this condition while sitting on FOB Echo,Diwaniya Iraq. We didn't have a hospital there, only corpsman, so I hope they don't think I could have had this diagnosed there. There was no medical equipment there except for a combat lifesaver bag and corpsman.

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Posted · Report post

That is what you need to do.... : )

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I almost want to revoke my pod for the day, who will be my representative then, to argue my case??An attorney? just asking I don't know what I should do. This is way off my grid.

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I had the DAV. The local rep was beyond belief. So good people outside of his territory tried to get his help. Then I went to state headquarters. Indifference would be the kind word. Then I got the services of one of the most popular and well known VA law firms. I came to regard them as the VA equivalent of Binder and Binder. In the end, I got them to withdraw (and waive fees) and within two months I won at BVA with the help of a guy named Hoppy. Try the American Legion and then do your research damned thoroughly on an attorney....

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Thank you Dean, I just feel I have a good case, couldn't see why it was denied S/C in the first place. Now worried that if I revoke POA from the DAV, theres no telling how they may have screwed up my paperwork/case. I hat that it could go to a VLJ as is without it getting put in some sort of order. What exactly does a VLJ do when he gets the case? Will he put it in order so that it can be reasonably adhjucated fairly with ALL the evidence I submitted? Do they even look at the VA treatment records to see this is a chronic problem and "has not resolved itself".

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There is a guy named Hoppy on this site you need to contact. Now.....

Trust me on this....

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qwikstring:

Ulcers,peptic(gastric or duodenal) can be service connected under the chronic statue 38c.f.r. 3. 303(b) as a chronic disease which is listed as a chronic condtion under 3.309(a). IF you have all the evidence as being chronic in service, and a diagnosis today as chronic, being a combat veteran no further evidence would be required IFand only if you you have the evidence. PLEASE read 38 c.f.r. 3 .303(b) through 3.309(a) to see if you can work your claim from this point of view. Also you should alway's work your appeal from the (soc) statement of case reasons and basis the varo gave for the denial of your claim. If they did NOT consider your claim under the chronic provisions as required by law YOU should definetly present this as argument to bva .BVA judges will see this mistake by the varo, but YOU must be sure you qualify under this statue, and argue this to the vlj while QUOTING ALL STATUES THAT APPLY.Also my opinion only is that revoking the DAV and assinging the AMERICAN LEGION would definetly make your appeal go backwards as it would just sit with them also for no reason at all without any help or arguments that would help or benefit your appeal in any way, BUT this is just my opinion only. I found out the hard way that NOBODY CARES MORE ABOUT MY CLAIM THAN ME. Enlist help from the ELDER'S on this site and you will eventually win this claim. Good Luck.

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Once I win al my claim stuff I wil glady tell everyone how I won, and what I found was good, bad, the mistakes I made, any right moves, and more,, but I am unable to say what works until I win, and I know I will win my claims.

One thing I think, is that it's not good to move your claim around more than 1x, because then you just spend all that time moving around and having to tell your story over, and over, and over..

I had no choice but to move my claim form one American Legion office to another when my vso was transferred leaving my case flapping in the wind while they reshuffled staff..

but I kept it within the American Legion,,

15 years ago my first case I won 50% on the first time around, with 'Purple Hearts disabled vets organization' and no appeal was needed, but I screwed up and never filed an appeal on what issues that were denied, a few more issues.. I settled for 50%, but being so sick I could not handle the fight..

I am saying moving a case from organization, to organization might or might not be good.. depends on advice form the most experienced and knowledgable people..

I did try to talk to a lawyer while the American Legion is handling my case, but they refused to talk in person, admy case is too complicated to do it over the phone or by mail.. so it dpends on complexity.... so I kept the American Legion, while they may not cuddle me, they do make time for me, not always, but often they let me walk in, they went through boxes of records with me.. they handled my DRO hearing, I just cannot pass judgement until my case gets through the appeals.. I don't blame them for it have to get this far without being approved and winning,, the main cause of the flux-up was when I had to move it from another office of the American legion when they changed staff and the office came to a halt as they stopped seeing people for several months, this all happened about 1.5 years ago when I was first starting some NOD's and appeals when the first denials started, and the first VSO officer, was highly recommned but, he worded my paperwork wrong,.. I was way too sick to do anything right,, too drugged out and had just got done doing a long stretch in hospital fighting for my life and in great shock..

I will always be in great shock from unimagniable hell..

while they saved my life, I will never be cured and I am dying, they told me that because of the condition of the pancreas, they are uanble to fix it, move it, transplant, and that I wil just continue to get sicker, they just don't know when I will have to come back..

I relay on others to tell me when I am screwing up because my mind was very damaged from al the bad health problems and being screwed around...

the VA hopital was always great and was great to me, but all the legal B.S. the VA has pulled, on my trying to get rid of me left me a mess and will never recover even when I finally win....

I have been told I should right a book about my experiences with my health issues and what happened, I feel the VA would have me shot if what I had to say was put into a book.. I have been told to not speak about some experiences because it might upset some people...

I hope I can pass on my experiences on what to do after I win all, until then what i have learned will not help much, as people want experience info from winners..

So, listen to the good people here who have won, and contune to win..

One more thing, even though the Local VA and DRO has not helped move my claim forward sinc emy DRO hearing, at least i was abler to straighten up the claim and give my story, and I don't think they read the files and records and when I had my hearing it forced the VA office to actually see and hear my case, had it gone to the BVA without the DRO hearing, the BVA would have returned it for it being totally screwed up by the incompetence at the VA regional...

now it's possible I won at least half before the rest go to the BVA. In MY case having a DRO hearing was the right move,,, I made them do the right thing... I forced them to do the right thing and look at the evidence.... hear it, see it, listen to it, and evaluate it..

IMHO

Edited by retiredat44

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Once again, as I look deeper into my own case (head is somewhat clear) I see where a request( 21-4138) for a DRO to look at my claims (one relates to the other, maybe secondary condition is the term) was submitted on 3/3/09, and received by the DAV National service officer on 16 April 09.

I was denied on both so I requested a DRO to look at it.

What happens when a DRO does not look at it and it gets sent to BVA?

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Once again, as I look deeper into my own case (head is somewhat clear) I see where a request( 21-4138) for a DRO to look at my claims (one relates to the other, maybe secondary condition is the term) was submitted on 3/3/09, and received by the DAV National service officer on 16 April 09.

I was denied on both so I requested a DRO to look at it.

What happens when a DRO does not look at it and it gets sent to BVA?

Several things to mention.

Did you request a DRO De Novo Review or a Hearing with a DRO.

After a DRO does their thing on claim issues the claimant still has to follow

certain procedures to continue their appeal on to the BVA level.

Either way - a DRO will take probably at least a year.

A DRO Hearing will probably take at least 2 years or more.

Continuing an appeal and getting the claim under BVA's jurisdiction, will be

3-5 years minimum under most conditions

and longer if you request a hearing with a BVA traveling judge.

JMHO

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" Continuing an appeal and getting the claim under BVA's jurisdiction, will be

3-5 years minimum under most conditions"

From my own personal experience the time frame at BVA (after claim denial) is less than a year...

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Well it is at the BVA, been there since 1/29/2010. Well at the "backlogged" DAV. BVA said they would look at it as soon as the DAV released it to the BVA.

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Carlie

Yes, I asked for a De Novo Review. I called the state DAV today and was told the DRO was unable to make a decision so it had to go to BVA. I also checked on my appeal to the VA that I did not want it to go to BVA.

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"Well it is at the BVA, been there since 1/29/2010. Well at the "backlogged" DAV. BVA said they would look at it as soon as the DAV released it to the BVA.

I read this to mean he has been waiting because of the DAV not VA......

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You are exactly right Dean, the State DAV gave me a weak excuse as to why it takes soooo long.

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