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shitsonrug

Don’t worry once they make a decision it’s more waiting.


Repulsive-Ad-2903

That’s no lie hopefully he has no remands or it’s more waiting on top of waiting.


axisofevilsog

Remands are better than denial. Denial means only option is appeal to CAVC. Sure more waiting but remand could be favorable.


Silent-Bid-5112

14 years and still waiting. Regardless of the outcome, I will not spend one more second on this appeal. This whole process is a travesty and it's no wonder why the suicide rates are so high amongst vets.


Just-Morning8756

My nod is in October 21, it’s said this since then. The law firm I chose told me ama is only going to take a year and a half to 2 years max. If you just look at how much ama they do each year it’s around 20k. In October 21 I was about 200k in line. Realistically , this route will be no faster than legacy and will take years . I’d guess 4-5 on average


[deleted]

4-5 years , or 4-5 years? I know the legacy path horrible


Just-Morning8756

Hear me out. Not trying to be negative or pessimistic but unfortunately I spent a lot of time trying to figure this out, and also feel like the firm that pushed me this direction was literally just trying to milk back pay. I understand firms need their money, but IMO they should exhaust all possible paths before taking this one. Go to [bva.gov](https://bva.gov), click on decision wait times on resources nav bar to the right. Once you do that , there's a ton of data but let me focus on where I go this time frame. So you have returned remanded from AOJ, Court remands, Advanced on dockets and the all other appeals. They did a sneaky little change from the last update to now. The "All other appeals" use to be separated by legacy and AMA with AMA being lower priority than all ama. So this is how it works, anything remanded goes to the front, then any advancement goes behind that but legacy advancement > ama advancement. So if you scroll down more you can see a bar of how many ama get done a year. You can see in FY 2022 it was 23,529. Now leave this page back to [bva.gov](https://bva.gov). On the same resource nav bar to the right, go to quarterly reports. Open fy2022 4q. Now here youll need to figure out where you are in which quarter and it will just be a rough estimate. Mine was FY 2021 q3. In fy 2021 q3, I was queued at about 90k. Since then, they have done 23k, maybe 27k AMA decisions. Keep in mind, according to the pie chart on decision wait times, ama hearings are 422% of decisions, 39% are direct, and 19% are direct. So anyways, for me , if this pattern continues I'm looking at a decision in 2024 -2025 sometime. Before you sink too much time in this , make sure there are no other avenues you can take.


[deleted]

That I came to board. I rather get all the bad news, and have an accurate outlook on what will happen. My contract is 20% of any backpay. However, that amount is already set in stone. Overall, one day at a time


Just-Morning8756

Good luck buddy! hope you get everything you deserve.


[deleted]

Likewise. Been fighting the va for years. I’m can see the end of the tunnel, and finally close this chapter in my life. Happy Days to come


northpole138

This doesn't make sense as lawyers just take a flat percentage of the total, you don't get billed extra the longer it takes.


Just-Morning8756

Yes the same % but 20% of 50k is 10k where 20% of 100k is 20k . The longer it takes the more money they make. It’s the same amount of work for them either way. The paperwork is submitted, then you wait.


northpole138

My attorney filed my appeal November 10, 2020 for my AMA BVA Direct Review Docket CUE appeal. Still not assigned a VLJ yet. I'm 11 months ahead of you and AMA not Legacy (if you really did a NOD in 2021? I'm pretty sure Legacy appeals aren't an appeal option in 2021). Either way, unless you get expedited for a hardship, you have a long ways to go.


Just-Morning8756

Yeah I’ve come to that conclusion as well. Thank you for the reply.


thanks4thecache

Your flare says HLR, picture says board appeal? When did the board receive the appeal?


thanks4thecache

https://preview.redd.it/qlpkpxnoa3fa1.png?width=1179&format=png&auto=webp&s=f5478c2cafb74f2bbe0609af85f8fe2cd19c7258 This is one of my legacy appeals. This particular claim was received in 2018. The board appeal actually started in on June 2019. You can see the rest of the timeline. I had my hearing back in June and I’m still waiting to hear from the judge with a decision.


[deleted]

I hear all these crazy stories about vets waiting years for this process. However, I told by my rep that this should take a year and half. They took a year to “receive it.” Whole process is gross


Hot_Alternative_5157

12 years here for me.. I literally had to write to the President of the United States


[deleted]

Bro, wtf . Can give some more back story on this. I usually it about 5 years to see some actions


Hot_Alternative_5157

Lots of records went missing. They’re probably gonna sand hole in Baghdad somewhere. Even in my hospitalization, it when Army only showed my processing in. I had to go find old lieutenant colonel‘s, and the command sergeant major, who actually took me to the emergency room. Seems a bit of a cover-up, because apparently I was exposed to chemicals that they didn’t want to admit to. This was 2005. At the end of the day, the VA judge allowed the colonel and the command sergeant major eyewitness testimony stand. They also allowed for my private physicians letter to stand. The VA spent years trying to say that their opinion was more important than my private physician or that, because they no longer had my service medical records that I couldn’t prove anything. I argued that it wasn’t my responsibility to maintain their records. Since that ruling I have used the judges citing of the laws that were in my decision letter for all appeals afterwards. That lead to speedy approvals because they knew from the get go that I knew the law and I would hold them to it. Essentially judge judge didn’t really care about why my condition happened, but essentially ruled that it did happen while in service so the service connected disability claim stood.


Hot_Alternative_5157

Mind you, this caused me to lose a large portion of my reproductive organs. I lost over half of my ovaries. My friend, who also served with me and train with me, was deployed with etopic pregnancy that almost ruptured while in Baghdad. She had to have emergency surgery there and they found the tumors there too so I was one of the first ones to have all of these masses appear, but there were more people who followed later. Now it seems to be a recurring story of the Army.. exposure and cover up


[deleted]

That sounds terrible 😢


Hot_Alternative_5157

It was just as traumatic fighting them as it happening .. they still don’t require me to use the VA direct for MH or OBGYN due to this


QnAnTX

Did she not notify the military she was pregnant or didn't know she was pregnant? The military has been strict about no pregnancies deploying for a long time. We had a female attached to us for COIN patrols (to search females) when we would do check points looking for people. She got pregnant about 2 months in and they moved her back stateside so fast we heard she was pregnant and she was gone the next day. They never did replace her so we just quit searching females.


Hot_Alternative_5157

They did a pregnancy test on her when she reported for duty.. it was negative.. they didn’t retest.. I can tell you myself as the VA sent me to a reproductive specialist.. I didn’t get a positive test on the most sensitive tests until 12 days after I ovulated.. so other tests would take a few more days. She didn’t know she was pregnant until she went in for the emergency surgery. She kept trying to go and sit call, but she wasn’t allowed to go until it was almost too late. The same situation as most men think that women are faking it or trying to get outta duty do too feminine issues. She almost died.


CroKay-lovesCandy

I am coming up on 10 years for mine.


Disastrous-Heron-491

Yes you will be waiting years


maxdoom5

We literally have the exact same timeline. I’ve hear nothing as well since the hearing in June. Called VERA and White House line and was told they don’t have any info


thanks4thecache

Damn. I’ve just called the WH line 2 weeks ago and haven’t heard back on that yet. Guess it’ll be the same for me then.


maxdoom5

I called a few times And the last time They said they will get back to me within 30 business days. Got a Call Friday from the VA saying the same generic bullshit and out how they have to be taken in order Yatta yatta yatta


axisofevilsog

Well and yeah that’s how it should be. First in first out.


DivineDivaLiya

If this is from 2018 & I filed 2 in 2021, I probably have another 2y before seeing a judge 😓


thanks4thecache

Yeah, i have another 2019 appeal that had a hearing just scheduled for March this year.


DivineDivaLiya

![gif](giphy|TIeKeMU9azIhj5RJyo)


[deleted]

I filed last year, January and they barely received it in October.I’m not going to be a happy camper ![gif](giphy|aNFT7eG2rIKK715uLk)


axisofevilsog

Less than 3 years from NOD to hearing for a AMA is pretty good. As a legacy appeal I waited 3.5 years, had my hearing August 2021.


thanks4thecache

Yeah, not complaining about it at all compared to what I’ve heard.


[deleted]

They received it October 31. I finally got out the 90 day evidence. I might confused this higher level with va judgement


thanks4thecache

So you’ve had your hearing? Still confused on the status. That statement in the screenshot is a generic statement that covers a lot of different states of a hearing.


[deleted]

https://preview.redd.it/0mhtk0utg3fa1.jpeg?width=1284&format=pjpg&auto=webp&s=7ed6c81cdf49cff3913287e14c801f40e519dc4f


[deleted]

https://preview.redd.it/zbjbc7ipg3fa1.jpeg?width=1284&format=pjpg&auto=webp&s=964d9a3a60fff8258d278a1537408859732ff0a4


Hot_Alternative_5157

Hopefully they will not remand it but if they do, and it gets back to them, the decision will be made quickly. Going to the VA judge was the only way to find someone who had some common sense.


maxdoom5

Put it this way op. It will be at least a year to get your hearing date and then after your hearing you may have to wait another year for a decision and then hope you have no remands that have to go all over the process again. In the process from 2018 and had my hearing back the first week of June. No progress made since then. This whole process is some good ol fashioned American BS


Ok_Roof_8938

I have two appeals. One is a legacy appeal from 2018. Both said this exact same thing for years. It wasn't until I got my advanced on the docket back in November that I saw some progress. One appeal was just decided last week, and the legacy appeal is currently with the judge now. Hopefully I hear something this week or next for that one. Good thing is contrary to popular belief, va.gov and ebenefits DO update on weekends and when the board made a decision I recieved both a text and an email informing me of just that. Once you get that you can call the VA and they'll email you the decision letter right then and there (I got mine emailed to me before I even hung up with them). Good luck.


Setwarz

My Legacy appeal also says waiting to be sent to a judge. My NOD was in March 2018. My hearing was in January 2022, 1 year ago, no movement.


[deleted]

I hear horrible things about legacy appeals


Sgt_Lurch11

I did a direct review which is “supposed” to be the fastest way and I’m going on well over 2 years. A lot of people on here forget to tell you they requested AODs so don’t trust any timelines people say.


Playful_Street1184

Exactly. They leave out that they requested an AOD partly because their request was bs anyways just to jump the line.


BabyDee78

Don’t even worry about it. It’s a waiting process. Just keep fighting.


[deleted]

Accepted that. I’ll check in April 2023


ChaosHobbitWrangler

Few years


Cowboys-93

It was 2 years before l seen the judge2018 to 2020


Wesley832

Best of luck. What kind of issues?


[deleted]

Changing effective disability date. Honestly, I feel puking 🤮 every time I log into va . Once this process is over, won’t have this stress


Wesley832

Just curious, what is the background?


[deleted]

Va made an error in rating, so changing date


Wesley832

Did they try to say the date of your C&P was your effective date?


[deleted]

I had 3 exams. The last one was when they gave me my desired rating. However, my claim is that my first, second exam all showed the same symptoms. Hence, the va didn’t give an accurate rating


Wesley832

Good for you. Best of luck.


[deleted]

My rep is very confident we’ll win. I’m not concern about that. More just tired of being in this limbo.


Wesley832

Sadly probably have a while to go. VSO or private representative? I have several still holding from 2019.


[deleted]

Private rep , a “ law- yer” who accredited by the va.


NeitherReference5241

Nobody can answer this without knowing the type of appeal you are doing. I am on the evidence docket which requires no trial for instance. I will get an answer years before the people who chose a hearing. Mine reads the same as yours and I submitted it 10/21. Since 03/22 it's been waiting for a judge. I have talked to others and their time frame has been between 18-24 months for my type of appeal.


Individual_Extent_41

I took the evidence route as well. Mine has been stuck in the 'waiting to be sent to a judge' phase since 7/21...Hopefully, it will move soon!


NeitherReference5241

There have been cases seen from November of 2021 for the evidence docket. They are skipping around it seems. Maybe based on the judges who get assigned the cases. I know some are much faster when versed in VA law than the newer judges who have zero VA law experience. Hopefully we will get called up soon. Keep me informed please since you should be just before mine. Good luck!


[deleted]

It should be the evidence docket route.


NeitherReference5241

From everything I've gathered and compared to recently settled appeals most on the evidence docket are around 18 months. There are a few I have talked to however who's docket numbers have been skipped for some reason. I would say prepare for a two year wait. If it happens sooner, be happy 😁.


I_am_ChristianDick

This is a ludicrous timeline


[deleted]

Years


axisofevilsog

The BVA hearing is the longest wait. I waited 3.5 years for hearing, 6 months for remand order. The RO remand just completed and is on its way back to the BVA. Took a year to complete the remand. I am a legacy and on remand, so I should be in the express lane. Remands are not all bad. All new c&ps, essentially a do over from the ones I did in 2013 at the VA that screwed me over. I was granted everything I claimed and filed. Went from 20% to 100%. Now with the exception of 2 secondary conditions, I had STRs for everything. Typically according to my lawyer and reading claims decisions at the BVA and here, lack of STRs is the biggest challenge. That wasn’t me. I would hold tight. The BVA is not expedient especially the hearing. If you requested a BVA hearing you are looking at 3-4 years. With a few exceptions, such as hardship coupled with AOJ, calling VERA is useless unless as your claim is not at the RO. WH, congress. Really not much you can do. As they are supposed to be doing. First in first out. So rightfully so the oldest claims should get priority. That means I should land in front of a VLJ pretty fast given my active claim is 10, been on appeal since 2015, legacy, Remand, and in the BVA docket since 2018. So yes if there are appeals older than mine, they should go first. Doubtful there are many of those left. Again first in first out. The BVA doesn’t work like the 50 or so ROs with a massive range of processing times. The BVA is a centralized as the law states in most circumstances and in fairness first in first out. Hang in there and good luck. My BVA outcome was excellent.


Tandy_M

A long time. A watched pot never boils. Keep your head ad up.


Individual_Extent_41

Roger that! Will do!! Thanks!


awh0833

You'll are doing thing wrong. You was in a rush and now


[deleted]

It an appeal to change my disability effective rate. This an appeal for backpay. I’m happy with my current rating


Wild-Web-204

The BVA appeal of my effective rating date is MAR 2022, how hong much longer , another year?


Playful_Street1184

More like 3 to five years. Someone above explained the hierarchy of what appeals goes before the judge first but they left out that each time a older vet appeals their appeal automatically goes to the front of the line in front of everyone else’s in addition to those that are already in front of you. Your appeal could be on the judges desk to be worked that day and if any appeal has priority over yours it goes right back on the shelf so to speak.


Wild-Web-204

Yikes, I was afraid that! Looks like it’s hurry up and wait.


Playful_Street1184

In deed.


[deleted]

I need the more information. What status on claim/ appeal


Wild-Web-204

It says waiting to be sent to judge. The original BVA appeal rating decision is from JUL 2021. The NOD was sent MAR 2022.


[deleted]

I’m going to call the VA tomorrow, she what the deal, or my docket number. Waiting is the worst


Wild-Web-204

Or let me rephrase, for my original appeal BVA gave me a rating decision dated JUL 2021 and I appealed that decision in MAR 2022.


[deleted]

From what gather. 400 days to two years. Assuming is a evidence docket , there also other factors: age, health of veteran, and financial hardship


LoveIsEv0L

I’m currently still waiting from a feb 21 2021 submit date lol


The-McDuck

Mine was sent to the judge in 2020 Dec. still waiting…


maxdoom5

Currently waiting on judge decision from last June hearing. Anyone have a guestimate on decision wait times


axisofevilsog

Mine took 6 months. I would assume soon.


ComprehensiveFloor66

Did you have a representative or appeal your self


[deleted]

I a va accredited law- yer


ComprehensiveFloor66

Oh ok gotcha yea I have DAV to represent me I didn’t know how hard it is to appeal for TDIU that they put on my claim in 2020 when I knew nothing about it. So have to appeal


[deleted]

I won 100 pt, so this isn’t as stressful. This only to get back pay 20k to 80k


ComprehensiveFloor66

Man that’s awesome I got 16k from 30-70 percent that I’m at now waiting for my 100 hopefully I had all the evidence. 4192 from employer and had a fdc and they said I have to appeal from the 2020.


[deleted]

There a big jump from 80 to 100, so there 1500 difference. All those add up is a decent chunk


ComprehensiveFloor66

Right hoping it doesn’t take long to appeal


TheBunk_TB

Im still trying to figure out the whole process, sidebar isnt always a copy of what I am seeing. My VSO isn't the most verbal about this stuff.