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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

      Hi I've updated our HadIt.com Pass It On Cards. They are in a PDF format you can print them out cut them there are 12 to a page. If you have found HadIt.com helpful and would like to pass it on to other veterans this is an easy way to do it.I hope you find them helpful, feel free to leave a few anywhere veterans gather, veterans centers, veterans hospitals, public libraries, be creative. Please make sure though, that if you want to leave some at any business you ask permission first.Here you go http://www.hadit.com...it_on_cards.pdf
    • 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

Something seems wrong here.

"BVA said they would look at it as soon as the DAV released it to the BVA. "

I was going to mention the 646 form a few eeks ago in some detail, but think I covered that on my BVA SVR show- maybe not.

Prior to a formal transfer of a claim, the appeal ,if their is a POA representing the claimant, is sent to the service org for them to prepare a 646 form.ion support of the claim.

Some prepare them and some dont.

If the vet org sits on their thumbs over this form, it adds more tie to the BVA appeal process.

I got a copy of a 646 form that was prepared for my AO claim of 2003.

Sometimes the BVA will refer to statements in the 646 that support that claim.

The 646 I got could have been writteh by a house plant.

I think the state DAV might have their thumbs up their butts over this form and you should try to see how long they have had the appeal . I just hope they haven't lost the I-9.

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Posted (edited)

"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"

Something is wrong there too-----

The DROs always make a decision, whether we like it or not, and a Statement of the case is prepared.

That is the decision that can be appealed.

"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."

As I recall there is a specific form to request or check Yes to that sets up a DRO Review on.

I would think a 21-4138 request would be OK too but,since Three years have passed, have you received ANYTHING on this claim from the VARO. SUch as the letter the VA sends prior to BVA transfer?

Did you in fact receive a Statement of the case and it that what the I-9 appeal was prepared for?

If I were you I would be IRISING the VA to see what exactly is what.

IRIS is at the main VA web site, under "Contact Us".

I suggest strongly that you ask for either email or snail mail response because by phone they can say whatever they want and you need hard copy.

What city and state is this DAV office in?

In spite of the tremendous backlog of claims, something does not seem right here at all.

Edited by Berta

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Posted (edited)

I would love to post what I have scanned in here on my computer Berta. It shows the paper trail as I have it from initial claim to BVA and everything in between.

I have also sent in to the BVA a waiver for Regional office consideration along with a revocation of Power of attorney. Oh yeah, most importantly I sent in "new" evidence. Not exactly new, it was there all along but the C&P examiner failed to read it, along with the Rater at VARO. Two guys from this forum really, really helped me out. I can't thank them enough. Thanks again guys.

Your right Berta, I did some research and found that my two DRO request were either never received from the DAV or it was ignored.

Edited by qwiksting

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Posted

I think there is merit to this idea of DAV releasing it to the Board of Veterans Appeals. In my case, ebenifits shows my claim, which has been received and docketed by the BVA, as "with the VSO".

I called the DAV, who is my rep, some months ago, about this very issue and eventually got to speak with the DAV rep who prepared my claim for the BVA. This is the jist of what I got from that phone call.

The DAV's position is that:

1. Its gonna take the BVA a couple years to do your claim.

2. So, while we are waiting, the DAV rep has plenty of time to "work" your claim, that is, to have a National DAV rep, familiar with legal aspects, type up your claim in a manner mostly likely to result in a Vets victory. In other words, the DAV rep, who should be more familiar with VA law than the Vet, can cite cases and "put forward" the best chance of a Veteran award..and "skip" those positions the Veteran proposes but have no merit (according to the DAV rep).

3. I think the number of national DAV reps is in short suppply, especially those familiar with VA law and how to present a case to the BVA. This creates a second "backlog in a backlog", where the DAV is backlogged in preparing Vets cases to the BVA.

IMHO, the DAV is part of the problem (backlog) and not part of the solution.

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Posted (edited)

When I went to the DRO hearing in 2010, with 6 issues... I brought up that they overlooked a bunch of evidence, and laid out all the evidence their either ignored or overlooked,,

my SMR's, ,y DD-214, and my Medical records all together had it in black and white, yet, since they overlooked it, it counts as new evidence. That makes no sense to me, at all, it's they they screwed up... if they had read it I would not had had to ask for a DRO hearing,,

the DD-214 showed my job history, and what the jobs were. My medical records reflected the job illnesses and injuries,, I did not add anything that was not already there. So, that's is just plain wrong to say it's new evidence, but apparently it is new evidence if something is brought to their attention, even though they missed it.

In my case doctors order my commander to move me out of jobs that required chemical exposure, yet, after being removed I was ordered back to a new job with more chemicals. Then the illnesses re-emerged.

I had to go more in depth on all the chemicals, even re-stating my IMO, about each chemical. Also showing the SMR's medical records as they matched the dates of my jobs. I also had to state that they had these records the whole time at the VA. None of my records were from any other sources. Any outside source records had already been sent to the VA 15 year previously.

The DRO hearing to this day has never given an answer to 3 out of 6 issues... they owe me three more decisions. That is also what my VSO told me, so I am not thinking all on my own.

The IRIS response was all garbage so I will not bother with trying to copy it here, it's as if morons are working those and sending them out,, really, I am being kind to whoever runs that system...

The last bit of hope is that since they decided to give me one more c&p exam back in January 2012, means they might be actually thinking of making the last few decisions.

MY form nine appeals actually went out in 2009, and re-affirmed in 2010 at the time of the DRO hearing. Which means it could be in the coming month or in two more years, and may never get an answer for the 3 unresolved issues, it appears they can kick the can and are not required to give decisions at the DRO according some other vets who didn't get decisions (yet).

My wife had less restraint and tried asking/pressing the DRO guy about time frames, but eh was as slippery as an eel, and refused any type of answer, except that people are in front of me,,, but I find that extremely mean and rude, a simple but pleasant and honest answer would have been better than the B.S. he passed off... but you guys already knew what I learn... They must be under pressure to obscure information and just keep the line full.. job security... Cynical but more than true.

So, when you say new evidence, evidence they neglected is new? You would think there would be a system in place to catch evidence they neglected and penalize the people responsible for screwing up the cases. This total malpractice on the part of the VA. The BVA should be sending in investigators to find out why the VA claim people are so incompetent.

New evidence sure is looked at differently, than I would have expected... shining light on overlooked evidence will pass as new.

I would give anything to see my medical records brought in on hand trucks to the and dollies to the desks of the people who need to read my records, and I don't feel sorry for the headaches they will get, as they have an idea the hell my life has been which created the records..

post-5809-0-20390400-1335033450_thumb.jp

Edited by retiredat44

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Posted

Retired:

I dont blame you for being ticked at them "overlooking" your evidence, then calling it "new" but it is in your best interest, and here is why:

If you have "new and material evidence", it allows you to reopen the claim. That is important because stare decisis means that you cant just keep asking another decision maker for a more favorable decision than the last one gave you. Its the finality of decisions and you need "new and material evidence" to overcome a previous decision...not just a more liberal decision maker.

You see, if a decsion is made, the VA assumes it to be correct until/unless there is new and material evidence that would cause a future decision maker to consider another outcome. The VA and BVA are "tryers of facts" and these facts wont be disputed without new and material evidence.

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Posted

" 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...

dean,

How about providing some dates for us or a link to your BVA claim link.

Date of claim.

Date of denial.

Date of NOD.

Date of SOC.

Date Form 9 was submitted.

Date of physical claims file transfer to jurisdiction of BVA from VARO.

Date of BVA decision/remand.

I would love to actually see a claim go from denial to BVA in less than a year.

Thanks

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Posted

dean,

How about providing some dates for us or a link to your BVA claim link.

Date of original BVA appeal: 10/14/2008

Date of oriiginal BVA denial 3/3/2009

Appeal to CAVC and remand to BVA: 12/9/2009

BVA remand to VARO: ; 8/30/2010

appeal to BVA after VARO denial: 2/15/2012

BVA law judge grant: 4/4/2012

As you can see BVA processed on a timely basis. In each case I acted on my own without POA. What I have become aware of by helping a couple of others is that your POA can be the issue. BVA is obligated to contact them and wait for a response at certain points. I know of one case in particular with a VSO where they may have held things up at BVA for over a year for the veteran.

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Posted

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

3-5 years minimum under most conditions"

My turn. What is the supporting evidence for this?

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Posted

"I would love to actually see a claim go from denial to BVA in less than a year."

Just to be clear, are your talking about the time from point of denial at the VARO to when it GETS to BVA? From my experience. that will be a couple of months at best UNLESS there is another claim and then they can sit on it at the VARO. Some of you may remember my posts from last December when i saw a claim for FOIA ( I had no idea requesting information from my c file was treated as a new claim) from my c file I had rescinded a couple of months earlier was still open. I knew it would tie up my appeal being forwarded to BVA.......

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Posted

I would have to agree with you Deanbrt, as once my claim finally was certified and actually sent to bva, it was processed and is now at stage 4 (with vlj).

03/13/12 Certification Ro

03/21/12 Recieved by BVA BVA

03/21/12 Admin case processing BVA

03/22/12 WITH VLJ BVA

03/27/12 WITH VSO BVA (At this point i revoked poa with american legion for reasons stated earlier in this thread, relating to the unnesessary delay's,and from my expirience's as not being as proactive as i am concerning my claim/appeal. Not at all recommending this for everyone, but i feel i can win this on my own)

03/27/12 WITH VLJ

03/27/12 WITH VSO

04/17/12 WITH VLJ

04/19/12 WITH VLJ

As posted earlier the delays for final adjudication at bva whether approvals, remands or denial's seems to be time waiting for bva hearings, and vso's at the bva intentionally holding files for review because of their own backlog. According to the 2011congressional report to the secretary of veterans affairs the bva itself was adjudicating appeals in the timeline of 119 day's, and in this timeframe the bva MUST allow you 90 day's to either change represetation, submit new evidence or ask for a hearing.119 - 90 alway's equal 29. You be the judge.

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"03/27/12 WITH VSO BVA (At this point i revoked poa with american legion for reasons stated earlier in this thread, relating to the unnesessary delay's,and from my expirience's as not being as proactive as i am concerning my claim/appeal. Not at all recommending this for everyone, but i feel i can win this on my own).......

As posted earlier the delays for final adjudication at bva whether approvals, remands or denial's seems to be time waiting for bva hearings, and vso's at the bva intentionally holding files for review because of their own backlog. According to the 2011congressional report to the secretary of veterans affairs the bva itself was adjudicating appeals in the timeline of 119 day's, and in this timeframe the bva MUST allow you 90 day's to either change represetation, submit new evidence or ask for a hearing.119 - 90 alway's equal 29. You be the judge. "

That is exactly how I see it. The delay may be with your POA, not BVA..... I did a video hearing at my VARO....

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Posted

Ketchup, ,my guess is you are no more than a couple of weeks away from knowing the decision, based on my own time frames

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Posted

deanbrt,

According to the BVA's OWN 2011 Annual "Report Of The Chairman",

I consider you to be VERY FORTUNATE to have received timely appeal results.

http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2011AR.pdf

"The average length of time between filing the appeal and the Board’s disposition was 883 days"

From my personal experience with my appeal process to the BVA:

Decision Date: 05/19/10

This case comes to the Board of Veterans' Appeals (Board)

from a May 2000 rating decision.

Remaining issues from this decision that are under remand instruction

have yet to be settled -

so currently I am still in a holding pattern for almost

2 FULL YEARS, on remanded issues alone.

I - as many claimants in appeals status, have very few good things to say

in regards to the timeliness of appeals adjudication, at any level.

JMHO

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Posted

What am I missing here? BVA 240 days....

And AOJ means?

"AOJ Agency of Original Jurisdiction"

'

"Certification of Appeal to BVA AOJ 585 days"s

Let me guess. These poor vets went DRO.....

Read the underlined......

The average length of time between filing the appeal and the Board’s disposition was 883 days.

The following chart demonstrates the average time intervals for particular portions of the appeals process.

* This includes the Board’s cycle time of 119 days. Cycle time measures the time from when

an appeal is physically received at the Board until a decision is reached, excluding the time the

case is with a VSO representative for preparation of written argument.

38 U.S.C. § 7101(d)(2)(E)

The number of members of the Board at the end of FY 2011: 64 members

The number of professional, administrative, clerical and other personnel employed by the Board at

the end of FY 2011: 471 employees not including 64 members above.

38 U.S.C. § 7101(d)(2)(F)

Number of acting members of the Board during FY 2011: 94

Number of cases in which acting members participated: 11,613

38 U.S.C. § 7101©(2)

Number of acting members of the Board in terms of full-time employee equivalents: 15.4

Time Interval Responsible Party

Average Elapsed

Processing Time

Notice of Disagreement Receipt

to Statement of the Case

AOJ 257 days

Statement of the Case Issuance to

Substantive Appeal Receipt Appellant 41 days

Substantive Appeal Receipt to

Certification of Appeal to BVA AOJ 585 days

Receipt of Certified Appeal to

Issuance of BVA Decision*

BVA 240 days

Average Remand Time Factor AOJ 427 day

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Posted

257+41+585=883

If you get it to BVA it goes quick. My personal belief is the DRO route is a killer. My opinion. The trick is to get to BVA as soon as you can. No other claims until you know it is there and read what I underlined in my last post. Using a VSO may cause you to lose months if not more while BVA waits for them to review things. Lastly, there is one man on this site that could make all the difference in your life and his name is Hoppy....

Processing Time.

Notice of Disagreement Receipt

to Statement of the Case

AOJ 257 days

Statement of the Case Issuance to

Substantive Appeal Receipt Appellant 41 days

Substantive Appeal Receipt to

Certification of Appeal to BVA AOJ 585 days

Receipt of Certified Appeal to

Issuance of BVA Decision*

BVA 240 days

Average Remand Time Factor AOJ 427 days

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Posted

"Remaining issues from this decision that are under remand instruction

have yet to be settled -

so currently I am still in a holding pattern for almost

2 FULL YEARS, on remanded issues alone."

That reads to me that BVA remanded back to the RO, in which case you are in for a wait. That is not BVA but the RO. If that is indeed the case my guess is that your wait is tied to the Nehmer decision.

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deanbrt:

I agree with your assesments totally. As stated earlier in this thread my file is now with the VLJ and when something changes as to my status i will let the board know this information. It was 530 day's from NOD 09/16/2010 to 03/13/2012 CERTIFICATION to BVA. My total delay time from denial of claim to submission of my NOD was only 3 day's. As stated earlier the major delay's are times waiting for hearing's either at the dro level (such as mine)or at the bva level and also VSO'S holding up review,s at both varo and bva levels of appeals. All this waiting already compounded by the fact that the raters and dro's never READ or COMPREHEND the evidence in front of them has really convinced me that the DRO REVIEW routes are a total complete waste of time. After all this if the VLJ has remanded any or all your claim you still wait in another line to get re-adjudicated all over again by the same idiot's who more times than not wrongfully denied your claim the first time. I DIDN'T SIGN UP FOR THIS BS. LOL.

calie:

There will never be enough excuses to why your claim's took 10 years, and still today no FINAL adjudication. You are an exception, no doubt. I really admire your patience and stamina.

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"Remaining issues from this decision that are under remand instruction

have yet to be settled -

so currently I am still in a holding pattern for almost

2 FULL YEARS, on remanded issues alone."

That reads to me that BVA remanded back to the RO, in which case you are in for a wait. That is not BVA but the RO. If that is indeed the case my guess is that your wait is tied to the Nehmer decision.

dean,

I'm glad you were pleased with BVA's timeline.

I continue to see the majority of claimants are not at all pleased with the time frame from

filing their substantive appeal through actually receiving resolve on their appealed issues.

BTW - didn't you also have to go to or are currently at COVA?

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Posted

Carlie, I read somewhere that if it is with a VLJ the odds are 25% for an award, 50% for a remand and 25% for a denial. I will pray for the first for you. smile.png

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"I continue to see the majority of claimants are not at all pleased with the time frame from

filing their substantive appeal through actually receiving resolve on their appealed issues.

BTW - didn't you also have to go to or are currently at COVA? "

But the issue is the time it takes to get to BVA not at BVA, which I see as an RO issue and then at BVA a VSO issue if you involve them.

And like Yulooking, my BVA award has gone back to the RO for rating. I have been told some are being processed at VACO but the normal route is back to the RO. I see now there are so many roadblocks to getting it to BVA and then a remand puts you back in the meat grinder.... But my personal feeling is the DRO thing gets you another 1-2 years wait for nothing. Again, my opinion. Get Hoppy to write your argument at BVA. He is beyond brilliant....... Dead serious.....

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You and I are on the same wavelength Ketchup......biggrin.png

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dean,

Check your PM's if you get a chance.

The 2 issues I have remaining relate to:

1) CUE on the denial of additional dependent compensation back to 1978.

2) Effective Date of a SC'd disability.

Also - I'm real familiar with Hoppy and have been for about 8 years or more.

Hoppy is great at medical issues and fighting the VBA.

My remaining issues have no need of anyone writing an argument for me for the BVA,

but if I was in need, I would be grateful to have Hoppy in my corner.

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Posted

Ok, since I started this post...I had been waiting on BVA to update my status. I faxed a revocation of POA to DAV on the 18th of April, and a waiver for regional office consideration, along with some more evidence and an awesome letter from HOPPY. I called yesterday to make sure they (DAV and BVA) received my change of POA. Also checked with BVA as far as the extra evidence I submitted. DAV said they received nothing from me and told me they were still assigned as my POA. So, I faxed the revocation again yesterday to DAV. My appeal is now with a VLJ, however my benefits still list DAV as my POA. I also asked BVA if they had received my extra evidence and was told they had about 3 items I sent but that was it. I was told to re submit, so I did. Question.....once it gets a VLJ what can I expect?

16 June 2008 initial claim filed

29 August 2008 Denied at VARO

9 December 2008 NOD

3 March 2009 asked for a DRO (via DAV)

16 March 2009 received official letter from DAV stating I want a De NOVO review by DRO (never got one)

29 January 2010 BVA received appeal

18 February 2009 appeal pending

27 April 2012 with VLJ

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Posted

It was 5 weeks for me.But i had no POA at that point.

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