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Substantive Appeal No Longer Shows Certified To Bva

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7 replies to this topic

#1 lcpmom


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Posted 30 April 2012 - 04:26 PM

Hello All

Claim that was recently "Certified to BVA" is no longer "Certified to BVA". Nor has it been sent to BVA.

It is now closed!

Any thoughts or VA past experience theories?

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#2 deanbrt


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Posted 30 April 2012 - 04:38 PM

You checked Appeals and Claims both?

#3 lcpmom


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Posted 30 April 2012 - 10:23 PM

Yes, Appeal no longer certified and claim is closed.

#4 Chuck75


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Posted 30 April 2012 - 10:24 PM

Theory only - - The VARO decided to award, thus making the BVA moot.
Or, alternately, the admin process found something that was left out.

#5 Philip Rogers

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Posted 01 May 2012 - 05:57 AM

I agree w/Chuck . . . it is possible. jmo


#6 Berta


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Posted 01 May 2012 - 07:32 AM

I agree that it does sound like an award might have been made but then again................................

Something similiar happened to me too, my 2004 CUE claim was set for BVA transfer in August 2010.I was absolutely thrilled because the BVA can read.

Then suddenly the CUE was pulled from the BVA stack and sent to a Nehmer VARO as the 2010 AO new IHD regs had bearing on the CUE and VA sent me a letter to that effect.By then I had gone over the new Nehmer and was thrilled at that news.

Then I found out ,by using IRIS, that my Original AO IHD claim ,filed at my AOJ VARO,because the Nehmer VAROs had just begun to take control over new Nehmer AO claims, became 'lost', per IRIS so I raised Hell about that and that was suddenly found and sent to Phila VARO , and then the CUE claim completely 'disappeared' in transit to the Phila Nehmer VARO.

We claimants have to keep a good eye on where our stuff is all the time.

Long story-Phila denied my AO claim in Dec 2011, never mentioning the CUE at all--I raised Hell big time, as it was the most ridiulous denial I have ever received so I sent them again the evidence they overlooked, (got a VA Central contact person to pressure too )as well as I sent a copy of the 2004 CUE and all the legal evidence they never read in 7 years at that point.

and within 4 weeks I got my award for the AO IHD claim and was awarded the CUE claim.

Be hopefully optimistic if your evidence is solid.

I just hope you aren't going to deal with a SNAFU however.

The RO might have uncovered a critical error they made at the last minute and it is to your advantage that they correct that error ASAP or ,best case scenario is that they have awarded the claim!

Do you use ebenefits? They could be more info there if you sign up for ebenefits.

Or contact them for a status via IRIS.

Edited by Berta, 01 May 2012 - 07:37 AM.

#7 deanbrt


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Posted 01 May 2012 - 08:38 AM

I think it reads like an award, too....

#8 broncovet


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Posted 05 May 2012 - 07:33 PM

I agree this "smells like" an award, but no guarantees. You can check the payment amounts in ebenefits, that will sometimes show an award/increase before you get the letter.

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