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BVA Appeal

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MCL	BVA Appeal		Lead	[-]
Posts: 677 Aug 21 10 7:57 PM	Ebenefits is showing that my appeal on my hearing has not been sent to BVA yet. Says it is still at my RO. Now I'm talking about a claim that was done back in 2007. Knowing that it takes awhile and the fact my VSO has been telling me everything was fine, I haven't been worried about it. Now that we have ebenefits, I find out under BVA appeals status, still at RO. I went to see my VSO yesterday, but she was having to take a day off due to budget cuts. I will return. My question to you people, have you heard of this happening and if so does this now mean I'll have to wait several more years?? All of you need to checkout ebenefits. Seems to be working good now. MCL
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Gdee	Your appeal	#1	[url]	[-]
Posts: 913 Aug 21 10 10:28 PM	Keep in mind that Ebenefits is not fully functional yet; so what you're seeing on Ebenefits may or may not represent your appeal's status. More information is being added, and the system being tweaked almost daily. For example, in Ebenefits my appeal was shown as being at the VBA on Thursday. Friday afternoon, the menus had changed to reflect that the claim in in fact at the RO. At the same time, the VA is in process of tweaking the way claims and appeals are handled. As I understand it, appeals do not receive a priority. They are handled in line with all other claims. VAROs try to work appeals before they are elevated to VBA. I guess at one time, that was the Vet's choice. The VBA may also return claims to VAROs to work, since that's where the info is anyway. And, if the VBA decides claim, it is still sent back to VARO for completion (payment, notification, etc). MCL, I'm sharing what I think I've read or learned here or experienced, so more seasoned VBN folks will give you better info, if I may have erred. Hope this helps & I wish you the est on your appeal. - Gdee
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akapennypincher		#2	[url]	[-]
Posts: 1358 Aug 21 10 11:08 PM	My Appeal started in 2002, still pending! 'A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his, or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.' (Author unknown)
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MCL	Gdee	#3	[url]	[-]
Posts: 677 Aug 22 10 3:51 AM	Thanks for your response. I hope you are correct and that ebenefits is wrong. My previous VSO, a person with 32 years experience whom I honestly believe burned out several years before retirement, screwed several claims up before I realized they didn't know anymore than I did. It was the blame game. RO blamed VSO, VSO blamed RO, both blamed me. Who me, I wouldn't do anything wrong!! Probably my fault. I call myself trying to stay on top of my claims now. Well maybe about Tuesday I'll find out where my claim really is and go from there. Thanks. MCL
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BESLC		#4	[url]	[-]
Posts: 101 Aug 22 10 8:13 AM	Have you had your hearing before the BVA? It takes on average 2 years for a claim to receive a decision from the BVA, the steps in this process are as follows. First an appeal to the BVA must be submitted(form 9). The claim is certified by the RO and submitted to the BVA, this can take several months to happen. Once the claim is received by the BVA , it is assigned a docket number and placed in line for processing, note; the BVA processes approx 40,000 appeals per year. Given that it is 2010, the BVA is most likely is reviewing claims submitted to them in 2007 and 2008 (you can check BVA decisions for the year and see by docket numbers what years they are ruling on). When your docket number is coming up for review you will be notified by the BVA approx 90 days before, given an opportunity to submit additional evidence and if a personal hearing has been requested it will be scheduled. After your hearing it will take approx 6 months to receive the decision from the BVA. As mentioned before, the BVA appeal process tales on average 2 years from date claim is docketed at the BVA.
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Gdee	I hope so too...	#5	[url]	[-]
Posts: 913 Aug 22 10 8:50 AM	MCL, I'm hoping for the best for you also. With all the time that has passed, you should have gotten a few updates letting you know your appeal is still in the works. BESLC's post verifies that the system is extremely slow. Ebenefits seems to be designed to give Vets better access to their info. Another example of this is the 1-800 system. Vets who called recently may have realized they are being connected to their VARO, versus the centralized customer service, where somebody miles away read a computer screen to tell what is happening at the RO. Keep looking up. - Gdee
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MCL		#6	[url]	[-]
Posts: 677 Aug 22 10 9:55 PM	Thanks all for the responses. I have not had a hearing with the BVA. The VSO always checked on the appeal for me and always told me everything was going fine. Knowing it took several years I thought the VSO was checking on it. I don't know why the RO would not have submitted it by now to the BVA. The BVA was aware of my appeal but like I said had not received it from the RO. The VSO I have now is new but willing to help ever how she can. She'll get to the bottom of it once I get to talk to her. MCL
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cruiser		#7	[url]	[-]
Posts: 17411 Aug 23 10 7:25 AM	I don't know if anything has changed since I retired or not, but when I was still at VA files weren't sent to BVA until BVA requested the file. When we certified appeals the system let BVA know that the file was ready to go; however, BVA didn't want us to send it until they were in a position to actually work the appeal. Like I said, things change all the time and this may well have changed; however, if it hasn't they can't send it until BVA asks for it. Cruiser
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ckmj8669		#8	[url]	[-]
Posts: 211 Aug 23 10 9:51 AM	That explains why there was over a 3 year time period between the certification and when the BVA actually had my file
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dthill		#9	[url]	[-]
Posts: 687 Aug 23 10 11:58 AM	cruiser wrote: When we certified appeals Cruiser Whar exactly does certification mean? Is it just acknowledging a Form 9 as sent in? Do they go back thru the claim? dthill Edited 1 time by dthill Aug 25 10 11:54 AM.
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MCL	Crusier	#10	[url]	[-]
Posts: 677 Aug 23 10 3:18 PM	Thanks Cruiser.. That would make sense as to why it is still at the RO. Here is what was said on Ebenefits: Details about your BVA Appeal received on no date. (not a typo, that's what it says) Current Progress: Appeal Pending. Current Progress Description: You have initiated an appeal, but at this point your case is is still with the local VA office that made the decision on your case. If you have questions about your appeal, please contact that office or your representative, if you have one. What Have We Received at BVA Date Received / Item Received n/a n/a Then is says if you send any evidence directly to BVA and do not want BVA to remand the case (i.e. send it back) to the local VA office to consider this evidence first, you must send us a waiver. For Additional information about waivers, please refer to FAQs. Therefore what Crusier pointed out is probably the way it still is. I'll post what I find out as soon as I find out. MCL (again, thanks Crusier)
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