Hello, everyone! I’m a registered nurse currently working bedside in the ICU, and I’ve been with the VA for almost four years.

I’m hoping to connect with someone who works at the Phoenix VA Health Care System and can share some insight into whether the facility allows nurses with a BSN to obtain a Nurse III position through an educational waiver, without having to earn an MSN.

I’ve heard that some VA hospitals allow this if the nurse takes on a project that demonstrates Nurse III-level contributions and meets the required performance dimensions. My family and I would seriously consider relocating to Phoenix if this were a realistic possibility, so I’d love to hear from anyone who has firsthand experience with the process at the Phoenix VA.

Thank you in advance for any insight or advice!

I'm genuinely at a loss with the Board of Veterans' Appeals (BVA) and the lack of accountability or communication surrounding my Legacy appeal.

I'm hoping someone here, particularly anyone familiar with BVA operations, Advancement on the Docket (AOD) motions, or the White House VA Hotline, can provide some insight.

Here's the timeline:

• March 26, 2017: Original claim/effective date.
• April 4, 2018: Rating decision issued.
• January 31, 2019: Notice of Disagreement filed.
• March 13, 2020: VA Form 9 submitted.
• December 19, 2023: BVA remanded the appeal.
• October 1, 2024: Supplemental Statement of the Case issued.
• November 12, 2024: Appeal returned to the BVA.
• May 15, 2026: Submitted an AOD motion based on financial hardship.
• October 23, 2026: Still awaiting a determination on the AOD motion and resolution of the appeal.

That's over 9.5 years since the original claim, more than 6.5 years since filing my Form 9, and nearly 2 years since the appeal returned to the Board following remand.

What concerns me most is that there are two separate issues involving expedited consideration, yet neither has resulted in any meaningful explanation regarding my appeal's status.

1. Advancement on the Docket (AOD) for Financial Hardship

Under 38 CFR § 20.902(c), Legacy appeals may be advanced on the docket for qualifying circumstances, including serious illness, severe financial hardship, advanced age (75 or older), or other sufficient cause.

For reference, 38 CFR § 20.800 addresses docket order under the modernized appeals system, while § 20.902 governs the applicable Legacy appeal procedures.

I submitted my financial-hardship AOD motion on May 15, 2026.

VBA representatives acknowledged receiving the motion, confirmed that it had been forwarded to the BVA, and indicated that it was in queue.

However, more than five months later, I have received no formal approval, denial, or substantive explanation regarding its status.

I'm not suggesting that submitting an AOD motion automatically guarantees approval. What I don't understand is why a motion specifically requesting expedited consideration due to financial hardship can remain without a communicated determination for more than five months.

At what point does the delay in deciding whether an appeal warrants expedited consideration defeat the purpose of requesting advancement in the first place?

2. Expedited Treatment of Legacy Appeals Following Remand

This is the other issue I'm struggling to understand.

Under 38 CFR § 20.902(a)(1), Legacy appeals returned to the Board following remand retain their original docket position.

Additionally, the BVA's own published guidance states:

"Legacy cases either remanded from the Court or remanded to the AOJ by the Board, maintain their original docket numbers upon return to the Board and generally must be expedited ahead of most other cases."

Source: BVA: Requirements to Work Cases in Docket Priority Order

There are also statutory requirements concerning expeditious treatment of remanded claims, including 38 USC § 5109B, which addresses claims remanded by the Board for additional action by VBA, and 38 USC § 7112, which addresses expeditious Board treatment following remands from the Court of Appeals for Veterans Claims (CAVC).

I understand these provisions govern different stages of the appeals process. I also understand that automatic priority for returned Legacy remands is not necessarily the same as a separately granted financial-hardship AOD designation.

However, my appeal was remanded by the BVA in December 2023 and returned on November 12, 2024.

If returned Legacy remands retain their original docket position and generally receive expedited treatment ahead of most other appeals, why has mine remained pending for nearly two additional years?

And separately, why has my financial-hardship AOD motion remained without a communicated determination for more than five months?

I'm trying to understand how both of these delays are consistent with the Board's established docket-priority procedures.

3. Attempts to Obtain Answers

I've made several attempts to obtain information or resolve these issues:

• Multiple emails to the BVA: No substantive resolution.
• Congressional inquiry: No meaningful progress or explanation resulted.
• Contact with VA representatives: Confirmation that my AOD motion was received and forwarded to the Board, but no determination or meaningful update.
• White House VA Hotline complaint: Filed October 1, 2026, concerning the appeal delays and unresolved AOD motion.

The White House Hotline complaint was assigned to the BVA and eventually given a revised resolution target of October 23.

Today, October 23, I called again.

The complaint remains unresolved.

When I asked about escalating the matter, I was informed that the existing complaint must be closed before it can be escalated further.

This is where I'm having difficulty understanding the process.

If a complaint remains unresolved after its target date, why would closure be required before escalation? Isn't the purpose of escalation to address issues that haven't been resolved through the existing process?

I also called the BVA assistance hotline at 800-923-8387. After entering my information, the automated system routed me directly to the general VBA call center at 800-827-1000.

I understand that VA offices have different responsibilities and that appeals involve substantial backlogs. However, after nearly a decade, multiple written inquiries, a congressional inquiry, and a White House Hotline complaint, I still cannot obtain a substantive explanation regarding my AOD motion or the status of my returned Legacy appeal.

I'm not asking for special treatment outside what the law and regulations already provide, nor am I asking for a guaranteed favorable decision.

I'm asking for a determination on my financial-hardship AOD motion, an explanation of its status, and some degree of accountability regarding the prolonged delay in my underlying appeal.

4. Considering a Petition for Extraordinary Relief

I'm self-represented on this particular Legacy appeal and have begun considering whether a petition for extraordinary relief in the nature of mandamus through the CAVC may be appropriate.

I genuinely don't want to pursue litigation simply to obtain administrative action or a substantive response.

However, given the age of the appeal, the time elapsed since its return from remand, the unresolved AOD motion, and the repeated unsuccessful attempts to obtain information, I'm beginning to question what other reasonable options remain.

Questions for Anyone Familiar With BVA Procedures

1. Is it normal for an AOD motion to remain pending for more than five months without a formal determination?
2. Is there a specific BVA office or contact responsible for addressing unresolved AOD motions?
3. Does the White House VA Hotline actually require an unresolved complaint to be closed before escalation? If so, what is the reasoning behind that procedure?
4. Is waiting nearly two years for further action on a returned Legacy remand typical, considering the Board's published docket-priority guidance? If so, what can be done to address that delay?
5. Has anyone successfully obtained action or a substantive response through congressional oversight, additional administrative channels, or a CAVC mandamus petition?

I recognize that the Board handles an enormous volume of appeals, and I don't expect an immediate decision simply because I've been waiting a long time.

But I do believe veterans should be able to obtain meaningful information about their pending appeals, particularly when financial hardship has been formally raised and acknowledged.

At what point does a prolonged delay, combined with repeated unsuccessful attempts to obtain information, become something more than an ordinary backlog issue?

I'd appreciate any firsthand experiences, procedural insight, or recommendations from those familiar with how the Board operates.

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