Winning VA Claims: The Board of Veterans’ Appeals (BVA) Process Explained.

[@rudyruiz9521]

I just wanted to say thank you. I stupidly thought I had enough evidence without additional information for my claim filed in 2015. I just now in got it remanded in 2023.

[@VAMADNESS]

You’re welcome. If you need any specific advice, fill out the contact form at vamadness.com.

[@TGSmooth]

What month was your remand mine was august 2023, still waiting for new decision at regional office. My appeal was advance on docket as well.

[@ktaurus510]

My hearing was quick, BUT I started with over 60,000 ahead of me, waiting on a Judge to review it. Now, since May 2022. (hearing), there are 51.099 appeals ahead of me. That is no where near "quick", but definitely insane.

[@VAMADNESS]

Unfortunately, the whole system is rotten to the core. Always hope for the best, but expect the worst. The only thing VA excels in, is incompetence.

[@ktaurus510]

@@VAMADNESS “hurry up and WAIT” and wait and wait

[@VAMADNESS]

@@ktaurus510 That seems to be their motto.

[@G.Harley.Davidson]

@@VAMADNESS yeah that’s a good attitude “ expect the worst “. Seems like the cronies at Wisconsin VA center just stamp everything as denied remain lazy and collect their salary.

[@dwaynejones1555]

Kelley, how do you find out how many are ahead of you?

[@willieharvey9100]

I was service connected HLR for zero percent for meniere. The minimum rating for this disease is 30%. I sent it to the BVA for increase rating.

[@donmclemore1396]

I go to the board tomorrow for Meneires, filed the appeal in 2020.

[@d3fit]

My initial claim was filed in March 2015. Went before a judge in September 2020 where I was promised a decision in 6 months. It’s been 2.5 years and haven’t heard anything. This is atrocious!

[@VAMADNESS]

Waiting that long after a hearing is very unusual. Check to see if the claim is still active.

[@d3fit]

@@VAMADNESS Thank you kindly for your response. Called the hotline and it is indeed active. I spoke to the law firm representing me and they continuously state that there is nothing that can be done other than wait. #frustrated

[@VAMADNESS]

@@d3fit November 2022 I finally won my gout claim after nine years and three months. Like your claim it was at the board for years. Of course, if we die while we wait it solves VA’ problem; I wonder, at times, if that’s part of their plan.

[@GovmntLacky]

@@VAMADNESSI had an HLR in March 2023 and the result was DTA error and now I see it is listed as “Appeal on claim.” When I called, I was told this is NOT a BVA appeal but it was sent back to the regional rater. The appeal allowed me to upload a buddy letter. So, will they consider the buddy latter with the appeal AND how many months should I expect to wait for a decision from the appeal?

[@VAMADNESS]

@@GovmntLacky Your claim is now being processed as a supplemental claim; typically, 3-5 months processing time. Where is no way of really knowing how long it will take, but the typical time is likely.

[@CombatCraig]

🤠🤠

[@teeybannister]

I’m tired of RO not fixing my effective date on my 70% PTSD, & 50% migraine. I plan on doing DIRECT lane. Can i put 2 conditions in 1 form for the judge to decide on both? Or i must file do 1 at a time to the bva

[@VAMADNESS]

This response is not intended to be legal or medical advice. I am not a lawyer, medical professional, or claims agent. Per my personal knowledge and direct experience, any issue within its appeal period can be entered on the same Notice of Disagreement (VA Form 10182). If you want to help build a better VA, don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.

[@carlo161]

So much information in this video! I'm loving it.

[@donmclemore1396]

Its been over 3 yrs but my BVA hearing is tomorrow moring. I hope it goes good.

[@VAMADNESS]

I've got my fingers crossed for you!

[@charlenharis1204]

What Lane was you in. Please respond Thanks.

[@BigGil737]

Sept 17 will be 365 days since I requested a direct review at the BVA for sleep apnea secondary to PTSD.

[@VAMADNESS]

Hopefully you'll hear something soon, but there is really no telling with the VA and like the lawyer said he doesn't believe VA's numbers.

[@briangreene4277]

Great work. Questions: (1-2)- (1) I thought under the pact act presumptive - colin cancer/intestinal surgery was presumptive, eff - 1 Oct 24 - is this true?. My colin cancer was denied by VA - saying that - boots on the ground - yes, not related to agent orange. (2) Now that I have prostate cancer - Vietnam, agent orange - can I re-file under the pact act presumptive-for service connection? (3) I am currently - 100% P&T w/ SMC-S. This should not effect my current ratings?

[@VAMADNESS]

I am not a lawyer or claim agent, but to my knowledge if you qualify under the pact act, colon cancer is presumptive. If you served in one of the designated pact act areas of service on or after August 2, 1990 you may qualify. Prostate cancer is presumptive under both AO and the pact act. It appears you are a Vietnam veteran; thus, once you apply you will be presumptively service connected for the prostate cancer. Filing for prostate cancer will not impact your current ratings. Also, since you are already paid at the 100% rate, service connecting the cancer (by itself) will not increase your payment rate.

[@angelsjustice-foundation8641]

I had a BVA Hearing on April 26, 2023. I am still awaiting for a decision, but I received a text from the BVA board a couple of months ago that said my case has been assigned to a judge for a decision. What is the estimated time I will wait for a decision? The judge during my Hearing said that there are 3 factors to approve a claim for the Camp Lejeune issue. Number 1 was, it has to be established that I served at Camp Lejeune within the time period. The judge said I fulfilled that criteria. The Second criteria is, I have to established a recognized disability. The judge said I have established that criteria. The judge said we are at this Hearing to establish a Nexus. To that end, my Regional VSO representative submitted right after the Hearing a Nexus Letter from my VA doctor and 2 layperson letters from fellow Marines that witnessed the beginning of my disabilities. I just want an estimation of possibly when I will hear a decision from the BVA board Hearing? Also, I am told that the VA no longer goes back to when you initially filed your claim. Is that true? I initially filed my claim in 2012! I would hope they would go back and compensate me for my pain and suffering!!! Thank you

[@VAMADNESS]

There is no way to know how long these decisions take. I’ve seen decisions issued in 4-6 months after the hearing and I’ve seen just as many 7-12 months after. Some even longer. When dealing with the VA, hope for the best and plan for the worst. Since it appears this is not a Camp Lejeune presumptive condition, the normal effective date rules apply; thus, you’d be paid only to the date the VA received the current claim. It depends on the exact facts. Read my book “The Irate Veteran” at Amazon: www.amazon.com/dp/B0CPTNRMD8. It tells my story, discusses the problems at the VA, and makes recommendations to fix those problem. Every veteran needs to read it.

[@TGSmooth]

Look into filing a supplemental claim or you may have to open a new case.

[@helbertasprilla]

Do you happen to know the wait times for once the judge is reviewing the case after a 3-year wait? I hear different times including 30-60 days. Not hearing was conducted.

[@VAMADNESS]

There is no telling, but 30-60 days seems fast. My experience is that it takes longer as in 3-6 months.

[@combatdouglas1306]

Why the delay with the BVA?

[@robertodejesus2529]

Great information, thank you for your service

[@VAMADNESS]

Glad you liked the video. If you need any specific advice, fill out the contact form at vamadness.com.

[@AmericanFaction]

Wow! Thank you VA Madness 🙏🙏

[@johnstreety8934]

My case been at the BVA for 2 years 9 months waiting for a decision. I start this case in 2002 had to start over in 2004 or 2005 due to the death of my wife appeal my case which was turn off to BVA in September 1, 2020.Why so long??It was remanded for a CP be done that was done and all that information was sent in as part of my appeal.

[@VAMADNESS]

Processing times are dependent on production management, production system design, manpower, and so forth; thus, I wouldn’t think of it as a delay. The system, as it is, is only capable of producing what it does. Expect inefficiency with all government run production systems to avoid frustration. I have claims at the board for over three years. The system is what it is and there is no changing it. You say your claim was remanded, so it is no longer at the board. Once it was returned to the RO for the new exam, the claim basically reverted to a supplemental claim. If the exam was favorable, then the RO would issue a grant without any further board involvement. If you have any concerns, just fill the contact form at vamadness.com and I’ll be happy to advise.

[@VAMADNESS]

@@johnstreety8934 How to react to a denial is always dependent on the evidence. The BVA AMA or the legacy system really doesn’t matter as both will examine the evidence and decide the case on its merits. The simple answer to your question is “no” you did not screw yourself; however, whether you took the best action or not, is dependent on the evidence. If you need any specific advice, fill out the contact form at vamadness.com.

[@nerba6429]

I just want to know about my case , from the very beginning 2013 up to present ,l don't receive any answers about the claims l had filed before, I am the surviving beneficiary at time of deaths to my grandmother I had been submitted more documents . I don't know if what happened to my case.

[@nerba6429]

I sent more documents and answer some questions about to my claims before, I'm from Philippines.

[@VAMADNESS]

VA.gov will list the status of your claim. You can also call the VA at 800-827-1000 to ask for the status; however, the likely best method to get your current status is to inquire at the VA Manila Regional Office. www.benefits.va.gov/ROMANILA/operational-status.asp.

[@wikiwing348]

I’m still waiting, appeal sent 2021. I guess i have a few years before bva looks at it lol

[@donmclemore1396]

My appeal started in 2020, i go to the board tomorrow.

[@wikiwing348]

@@donmclemore1396 i hope u win your appeal

[@robertdesautels8715]

But what if the BVA has sent my claim to the DAV for a written argument, good or bad thing?

[@VAMADNESS]

Well, the board would never remand the claim to a service organization, so I’m not sure what the situation is; however, at a board hearing a judge may make suggestions to strengthen the case such as getting more evidence. I’d really have to know exactly what is going on to know if whatever is happening is good or bad. If this was a remand, it is often a step in the right direction.

[@FriskyDingo1983]

Took 3 years and 7 months, but the BVA finally granted service connection for Sleep Apnea secondary to PTSD. I thought this was it... but now it has to go to the reginal office. I was assigned a CPAP machine. Does that mean 50% automatically?

[@VAMADNESS]

The BVA can only decide the question at hand; in your case, service connection. The rating must be assigned at the RO level. There should be no problem at all, so just let the process play out. Don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.

[@LuisRodriguez-vk2ym]

once the BVA approves your claim, it goes back to the RO...but it would take about a month to get your new rating and any backpay. mine took a month after getting granted the appeal from the BVA

[@MadGameMarine]

My appeal been at the board for almost 9 years 😅, finally got a hearing done with the judge a couple months ago. Any clue of when I’d be getting a decision? I’m Having a hard time find the average time from a hearing with a VLJ to a decision being made.

[@VAMADNESS]

They don't post stats on how long it takes for decisions come after a hearing; typically; at least 90 days. I would expect an answer in the 4-6 month range, but don't hold your breath.

[@SetUSMC]

My Legacy claim is dated back to March 2018. I Finally had a video judge hearing January 28th 2022. Now its almost September, still no decision....

[@VAMADNESS]

@@SetUSMC Now you know why I call my channel "VA madness."

[@MadGameMarine]

@@VAMADNESS 90 days would be nice! But the way I’ve seen it from reading comments on YT or Reddit. Its somewhat random, some people receive a decision after a hearing few days later, others a few months or a year. The VA needs to be Overhauled for real. Thanks for the advice!

[@MadGameMarine]

@@SetUSMC crazy ah, my appeal started 2014, the length and time of appeals, let alone we’re in the legacy system. Insanity

[@tedssigp220r]

Hi Eugene! Thank you for another great informative video! Stay safe.

[@carlhensley3823]

I got a remand on ptsd 1 year 5 months later the regional office cant find records on my stressors but the va examiner said I have ptsd was caused by my service and the regional office sends my case back to the bva to let a judge make a decision what happends next

[@VAMADNESS]

Your claim will be denied if stressors cannot be verified: in cases where stressors are required to be verified that is. Not all types of PTSD claims require stressor verification. Watch my PTSD video for a full explanation. If you need any specific advice, fill out the contact form at vamadness.com.

[@carlhensley3823]

@@VAMADNESS I do have lay statements from people that was there that seen what happened one guy from my platoon and the FO who witnessed the event dont that count for something

[@VAMADNESS]

@@carlhensley3823 Yes, witness statements should act to corroborate an event; however, depending on the nature of the event, witness testimony may not be enough. For example, if you and your witnesses witnessed someone being killed, but there is no evidence that someone died; then the statements are worthless. Whether witness statements are applicable is situation dependent.

[@carlhensley3823]

@@VAMADNESS thank you sir

[@doc5081]

Have a direct review thats been on the docket 1yr 3mos, any way of checking out where your place in the docket line is?

[@VAMADNESS]

There is no method readily available to veterans to check docket statuses. The best path to finding out where your claim is at within the docket order is the pose that question to ask.va.gov/. My advice is just not worry about it as there is nothing you can do about it anyway. The decision will come when it comes. BVA is currently reporting claims in the direct lane take an average of 314 days. Obviously, you are well past that, so hopefully soon you will hear something. Just don’t hold your breath. Claims in the hearing lane are averaging 927 days. My claims have been in the hearing lane for 1400 days now. Hopefully I’ll hear something before I die of old age.

[@charlenharis1204]

Excellent 👌👍🎉

[@waltermckinney606]

69k right now been waiting 3 years to get to the board.

[@VAMADNESS]

VA efficiency at its best. Sad!

[@mrsdreamweaver8677]

Took my husband 9 years to get a BVA decision 😮

[@charmdones4424]

Would love to use that attorney!!

[@LiveLife-MJ]

Do lawyers help you on HLR or only other types of appeals?

[@VAMADNESS]

Lawyers handle supplemental, HLR, BVA, and CAVC claim situations.

[@javiertamez9291]

Filed 2011, denied and started jumping hoops, had video with bva judge nov 2022, they granted service connection and sent to QTC in may 2023, now waiting for RO waiting. Hope it dont take another 12 years..lol

[@VAMADNESS]

The claim now reverts to a supplemental claim, so it shouldn’t be too long before things finally get settled. If you have any new information that you want considered like statements, then now would be the time to send the additional evidence to VA.

[@charlenharis1204]

No Shit !!! 🎉🎉

[@charlenharis1204]

Congrats 😂😂❤

[@teeybannister]

If higher level review agreed that a duty to assist error was made and returned the previous decision for correction. Does the veteran have to do a supplemental claim for this or does the VA automatically fix the duty to assist error??

[@VAMADNESS]

There is nothing for you to do: you will get a new decision when the error is fixed. Ensure you monitor you claim status on VA.gov or by calling the 800 number. The VA process cannot really be trusted. Any crazy thing can and does happen.

[@teeybannister]

@@VAMADNESS you’re on it again, I really can’t trust those guys. I see what you been saying now. Something so simple & clear these fools makes it hard. Thanks my brother I’ll wait and see

[@sharona256]

Don’t know what my odds are but I’ve had 5 items remanded. Even with med records from private MD’s and buddy statements and nexus letters. 🤷🏻‍♀️

[@VAMADNESS]

Often nexus and other documents are not properly prepared; however, even when cases are prepared as best they can be, the evidence still is not strong enough to win the case. Cases on remand, have specific instructions that the VA must follow. These instructions should give you a good idea of what’s what. If you need any specific advice, fill out the contact form at vamadness.com.

[@sharona256]

@@VAMADNESS if I read correctly the last exams were done incorrectly and left out things that should have been included. Maybe it’s just to cross the “T’s” and dot the “I’s” Hopefully. Thanks for your quick response!

[@teeybannister]

I’m trying to understand something 1: In my decipher letter, I’m diagnosed for my back 2. I have symptoms since 2008, they confirmed that on PHA exam after leaving combat 3. I connected it to my service connected TBI that I received from a fall in combat Yet VA telling me you can’t get a back condition from a mental health condition.. what the hell?? You ever heard that before

[@VAMADNESS]

It really depends on the exact situation. If mental health, for example, was filed secondary to the back condition, then VA would likely only consider that situation. VA should consider all the facts and decide accordingly, but they often do not. It’s best to always inform VA on all routes that justify service connection. If you need any specific advice fill out the contact form at vamadness.com.

[@teeybannister]

@@VAMADNESS yeah it seems like I’m going to hold their hands and guide them. Thanks

[@1voiceinthecrowd]

@@teeybannister i would say you need to clarify that it wasnt the tbi that caused the back issue, but the fall which caused both the tbi and the musculoskeletal issue. Not that i know anytging about your file, but that sounds like what you need to clarify.

[@teeybannister]

@@1voiceinthecrowd yeah that’s a good point, I’m going to drive that point home, it’s the “fall” that causes it, I thought it was clear but I’m going to reiterate that. I might also just change it from secondary to direct service connection to see if that helps.

[@1voiceinthecrowd]

@@teeybannister yea every event has its nuances but one cannot assume the VA will infere anything. One must spell out every truth, every detail.

[@mr.b3621]

BVA granted appeal! Show all dates online! Never notified by the VA 22 years ago! So i never had a chance to disagree with the decision because i never got a response! It was within 1 year after discharged!

[@VAMADNESS]

Congratulations. Don’t forget to check out my book about fixing the broken claim system: www.amazon.com/dp/B0CPTNRMD8.

[@WomanMilitaryVeteran]

Hi Eugene! 😊

[@tomdarco2223]

Right on

[@ibelieveinjesuschrist8911]

awesome!!!

[@bsmoove2]

What do you do if you miss your v.b.a appointment?

[@VAMADNESS]

If you were given a contact number with your appointment information, call the number and hopefully they’ll make you a new appointment; or call the VA 800 number and explain your situation; or write a letter explaining your situation, upload directly to VA per accessva, and VA will very likely just schedule a new exam.

[@blonder]

@@VAMADNESS If your claim is denied because of a missed appointment, my advice is to file a Supplemental claim and list as new evidence that you are able to report to the exam.

[@VAMADNESS]

@@blonder Good advice.

[@lgb4788]

Yeah i wrote them because the diability folks would not give me a copy of my records, they didnt do shit

[@VAMADNESS]

If you are referring to VA compensation records, the VA must comply without official requests for records. File a FOIA request with the VA for your c-file. You will eventually get your records. There is a link to the FOIA request form at vamadness.com. If you need any specific advice, fill out the contact form at vamadness.com.

[@combatdouglas1306]

5 sponsors. Tall cotton buddy. This new?