VLJ told me hang in there maybe 30 days to get decision they would try, now 84 days later nothing. How long does it take approximately to get a BVA decision after the hearing? However, there are advantages and disadvantages to the different types of hearings. However, we reserve the right to keep anyone on moderator preview. According to this site, the BVA is handling "up to August 2015" docket dates. Advanced on the Docket appeals are prioritized so that theyre always at the front of the line. This whole, multi-level review process can take up to four years. Ok thanks, I did not know there was a site that you could search through BVA decisions. Next, for your continuing reading Pleasure, see VA Lawyer, Hadit Member Chris Attig's interview (2014?) Y2VlNzY2ODk1MzFjMjk2NGNmYWI2MGQ2MTc1ZDE2NzY1YWUxYzM1YjlmNmZk Wow they lost your hearing testimony? I have a DRO review up there so I called the 800 about 3 weeks later after I sentmy replyto check if they received my request. file with the Board a motion for revision of the decision based on clear and unmistakable error. I communicated with a Veteran who had a hearing recently. NjhlMTc4MTA1YWYwZTgzNmNkZTZhODU1YWYwZDQ0ZDc4Zjc4Y2RkZjc0ZjY3 It also doe, Protect Your Garden Against Leaf Issues with Organic Solutions and Preventative Practices, Leaf issues in the garden can be caused by a variety of factors, from pests to environmental conditions. 7. Although it is not required, you may decide to be represented by an accredited Veterans Service Organization (VSO), attorney, or claims agent. After the excitement of finally having the rating you deserve wears off, you start asking questions. I'm just looking for answers. Clear editor. These cookies allow the website to remember choices you make to give you better functionality and personal features. The judge may send your case back to your VA Regional Office (this is called a remand) to correct errors that may have been made. Veterans and the MilitaryIf you are experiencing any issues with the Department of Veterans Affairs or the Department of Defense, need military records, or have problems receiving your benefits. In this case, Veterans are strongly encouraged to submit their request in writing, and should include specific evidence of unusual hardship due to the impact of the natural disaster such as personal statements regarding the impact of the natural disaster, newspaper clippings, pictures, FEMA declarations, etc., in order to support their request. These cookies collect information about how you use our website. This is where finding a hobby can be beneficial as it serves as a much needed, The answer you might not want to hear is no one knows.. In short you could have another couple years. Advice given on the forum is in no way a substitute for consulting with a competent Veterans law firm, such as one on the NOVA advocate website !. To access the combo box on this page please perform the following steps. When the Board transfers your case to any of the above locations, it means that additional processing or other action must occur at that location. Baring the Remand, the Hearing Judge after being sure all the Legal I's and T's are handled, forwards the Appeal along with his recommendation to the Sr BVA Judge. Symptoms include bronzing on stems and petioles, curling and drying up of leave, This website uses cookies for functionality, analytics and advertising purposes as described in our. Pamphlet or consult VA Form9. Your previous content has been restored. Your first posts on the board may be delayed before they appear as they are reviewed. Board Hearing: Decision Timeframes and Delays. What happens now? But even then it is just guesswork, and it likely depends on how backed up your hearing office is. All of these hearings are held before a Veterans Law Judge from the Board of Veterans Appeals. Yes. But remember for all awards they have a guideline they must go by. My take from the interview was, in all actuality, Hearing Judges for the most part, are BVA Law Clerks that make sure all the EOR and/or N & M Evidence has been addressed, Remanded to RO if Necessary if any Legal Steps were missed or further C & P's have been determined to be necessary. The BVA is required to address all arguments which could reasonably lead to a favorable decision for the Veteran. Also, know that getting service-connected disability from the VA is no guarantee of getting Social Security disability benefits (although judges may give some weight to the VA's records of your disability). Upload or insert images from URL. Youve just been rated 100% disabled by the Veterans Affairs. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. Most CommonVADisabilities Claimed for Compensation: Can a 100 percent Disabled Veteran Work and Earn an Income? -----BEGIN REPORT----- You can find a tracker of the BVA backlog here and wait times other Veterans are experiencing here. In typical VA style, the VA contracted a group to type up the transcripts of the hearing. In addition to understanding how the BVA Judge might have misinterpreted what you said, this transcript is important because it may form the foundation of a remand order by the Court of Appeals for Veterans Claims. When you receive the hearing transcript, the first thing to do is send a copy to the VARO that holds your C-File (Certified Mail, Return Receipt Requested). I have additional evidence to send to the Board. By law, you have the right to have the local VA office conduct an initial review of any new evidence submitted in your case, even if the case is with the Board and the evidence has been submitted directly to the Board. An in-person hearing at the Board in Washington, DC, that's less than 2 weeks away, or An in-person hearing at the Board in Washington, DC, if you've already rescheduled your hearing before, or An in-person hearing at your local VA regional office (called a Travel Board hearing), or A video hearing !! YjBhM2ZjOTc1MmM0YTVjMDliZDExNTI0MjU2OTMzZjY3NTRiMTM4Y2JjYTYz But remember that you're not approved until you get an award letter. Hopefully you will get that decision soon, and it is great news! Did Denials and Awards/Remand Decisions take the same 4 months? The motion was granted.". To begin an inquiry into your matter, please download, complete, and manually sign. Have you been affected by Camp Lejeune water contamination? Regarding how long your benefits will take to start, the wait time for benefits is even more dependent on the facts of your case. No, ramp is not proven but anything is better than waiting 5 years..even a denial that I can appeal. Board hearings are strictly optional in nature and are not required for a VLJ to decide your appeal. Copyright 2023 | Hadit.com Veteran to Veteran LLC, VA Disability Claims Community Forums - HadIt.com Veterans. June 15, 2022 . That is, these veterans must wait for VA to process Legacy appeals and conduct Legacy hearings prior to having their hearings take place. I just wanted to know could some shed light on how long after you see the judge will the decision be rendered and the case closed. Call: 988 (Press 1), U.S. Department of Veterans Affairs | 810 Vermont Avenue, NW Washington DC 20420. Instead, the Board reviews cases in the order they are received. I know after many years you just want the darn decision, my case took ten years and when I knew a decision was made it only made it worse. Note: To find out how long the overall disability determination process takes, see our article on how long it takes to get SSDI or SSI benefits. My health prevents me from doing much. How long after BVA hearing before I get a decision? Here is the link for anyone else who does not know https://www.index.va.gov/search/va/bva_search.jsp?QT=&EW=&AT=&ET=&RPP=10&DB=2018. Regarding transcription errors, you can submit what is referred to in the law as an Errata Sheet. Disgraced South Carolina attorney Alex Murdaugh was sentenced Friday to life in prison after being convicted . By timely filing a Notice of Disagreement (NOD), a veteran can appeal his or her claim to the Board of Veterans Appeals (BVA) . Defense attorney Jim Griffin laid out his team's side of the case to the jury for more than two hours, arguing . This could be because you are older than 75, because you are suffering a serious illness or are in financial distress, or for other sufficient cause. If you're approved for benefits, your file will be sent by the Office of Hearings Operations (OHO) to a payment processing center. The Board then makes a decision based on the evidence of record. Higher-Level Review With this option, you are not allowed to submit new evidence. 6/29/2019 nothing no word maybe 90 day rules in effect I don't know . Their number is 866-348-5819. These are averages. Keep me posted on how this goes, please!! ZGI3OTA2OWIzNTRlMWM4Y2ZjNTA3OTE4ZGVjMWFjZmMzNzY0ODkwNGIwZWM1 So, if you have been "certified" to the BVA, you should have another 321 days plus 247 days, or about another year and a half. You may also find a contact list of VSOs online. It sounds like you'll be getting good news, but the amount of time to get an actual decision following a hearing varies case by case and hearing office by hearing office. How toRequest the BVA Hearing Transcript. iwi galil ace rs regulate; pedestrian killed in london today; holly woodlawn biography; how to change icon size in samsung s21; houston marriott westchase Types of Board of Veterans' Appeals Hearings So about 4 months from hearing to decision and I had 9 contentions. To care for him who shall eyJtZXNzYWdlIjoiN2RhZGQ3MTA5OWYwMTRiNWU4ZjBmMTU0MDc1ZGQ1MmY0 The VSCM cannot authorize what he doesn't know needs to be authorized. Paste as plain text instead, If you have not seen any progress by then, do the following. the AMC num is 202-530-9455 ask for the service manager, then make sure it is actually the service manager you are speaking withonceyou get someone on the phone. The Board of Veterans' Appeals schedules hearings in docket order (the order in which they receive requests). For example, in more than one case, I have seen that the Veteran referenced missing and relevant records in the BVA Hearing. ZWQ2OTU4NmU4YWZmMThlODczZGE2Njc3ZDJlMzY4OTgyZGRhMmVlZDRjNjQy NzI1YWQzYTQ2NTRlOTEwOWM5OGE5OGEzMGE1MDYwZTg4MTgyMjYwYjI5Mzg1 You are not required to have a representative for any VA proceedings, to include Board appeals, but if you would like one, you must submit a VA form that gives you designated representative the authority to act on your behalf. There are also more unknowns. How can I get help? These cookies may be set through our website by our advertising partners. It is a drawn out process, after you get the decision you have to wait for the RO to implement it, that can take a year or more nowadays. And assuming I'm approved for benefits, when will they start? How to Hire an Attorney For Your VA Claim or Appeal. I also ask that the request for the hearing transcript be included in the Veterans C-File, so that there is proof that the request was made in the event the BVA fails to comply with the request. When this happens the veteran will receive another . Women and Increasing Vet Claims knowledge. What is the Hearing Docket at the Board of Veterans Appeals? Does VA pay compensation if someone worries their self to the psych hospital. 30 to 60 days depending on case and evidence. If your recent review of 15-16-17 and 18 BVA Decisions indicate a 4 month span from Hearing to Decision, that's not too shabby. It is important for veterans to be aware that Veterans Law Judges will not make decisions on their appeals at the hearing. CCK Recognized for Donations to American Veterans Disabled For Life Memorial, CCK Successfully Argues for a Precedential Decision About Protected Work Environment, A Day in the Life of a Paralegal (Claims Advocate) at CCK. 222 days: average time between when the appeal is certified to the Board to when it is placed on the Board's docket. Although it is not required, you may decide to be represented by an accredited Veterans Service Organization (VSO), attorney, or claims agent. 20.800(c), 20.902(c). Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. I know for a fact that it's not going to be remanded. Its over 1270 days, just to get to the BVA. @Hammer46, nothing at the VA gets done quickly. If you choose to waive initial review by the local VA office, you must submit a statement to this effect in writing with the evidence to theBoard by mail, fax or while on the record ata Board hearing, if you have one. ZDI3ZTk0MDhmMTQ3NjZmN2EyNDZhYmNjNWFiMWQ4YmU2MThkMmEwNDU5OThi MzdmMTA1MWIyMmM3NjRiMWNhNzYxOTJmMTEyMTUyZDRmMGIwYzBlYmQ2ODc1 After a decision (if granted backpay) at the VARO level, it's a few weeks at the most until you receive that backpay. Your responded to a four year old thread that is now locked. By using our website, you agree to the use of certain cookies. appeal to the United States Court of Appeals for Veterans Claims (Court); file with the Board a motion for reconsideration of the decision; file with the Board a motion to vacate the decision; or. Copyright 2023 | Hadit.com Veteran to Veteran LLC Also, glad that you were able to get a hold of the Ombudsman. Usually, under the new process, you'll receive a decision much faster. The rating will be subject to the appeals rules, which should have been indicated as part of the decision. After the hearing, Social Security will check to see if and how much you've been working since you applied, to make sure you're not doing a substantial amount of work. You will have 120 days from the mailing date of the BVA decision to do this. and his orphan." After the hearing, the appeal is held for about 90 days or more before the Judge reviews the appeal and issues a decision. If youdesire a Board hearing,consider the advantages of selecting avideo hearing. collecting additional information or records; ensuring that the local VA office follows certain legal procedures that afford you due process. ", "I've read about remands. Do Not Sell or Share My Personal Information, Medical Conditions - Eligibility for Disability Benefits, After You're Approved for Disability Benefits, Workers' Compensation Benefits Information, State-Specific Information for Workers Compensation, Deadlines and Wait Times for Disability Hearings, some weight to the VA's records of your disability, how long it takes to get SSDI or SSI benefits, Medical Conditions - Eligibility For Disability Benefits, After Youre Approved For Disability Benefits, State-Specific Information For Workers Compensation, Do Not Sell or Share My Personal Information. Display as a link instead, An Errata Sheet typically is NOT used to supplement or correct errors in the substance of what was said at the hearing. "I don't know what a C-file or the AMC is. Where do I send it? how long after bva hearing before i get a decision. Memorandum Decision: The appellant's August 12, 2022, motion for reconsideration is granted, and the Court's July 29, 2022, memorandum decision is WITHDRAWN. The Veterans Crisis Line can help even if youre not enrolled in VA benefits or health care. I dont read all posts every login and will gravitate towards those I have more info on. Board of Veterans' Appeals Decisions Metadata Updated: May 1, 2021 The Board of Veterans' Appeals (also known as 'BVA' or 'the Board') is a part of the VA, located in Washington, D.C. Members of the Board review benefit claims determinations made by local VA offices and issue decision on appeals. I usually advise that we wait for the Big Brown Envelope (BBE) and not pay a lot of attention to the frequently wrong on-line stuff. M2Y1MTE3NTgxMGVlZTc0MGZiMmU3NGE0NDY5ZGZjNDI2YzZmNmFlNTljMzkw Or the judge may deny your appeal or may grant your benefits to you. These cookies do not store any personal information. Get back with us with your conclusions. Decision July 24, 2018 The Board may remand a case for a variety of reasons, to include: If any action is required on your part, you will be notified directly by mail. you viewed to avoid repetition. The judge found me to be credible and Social Security's vocational work expert at the hearing said that I was unable to work in any capacity. Can I request that my appeal be advanced on the Boards docket so it will be decided faster? You might find 2 kinds of errors: transcription errors and substantive errors. Accept the process or work to change it No. More It's that time of year again when gardeners all over the world are planning what to grow in their gardens. Alternatively, if you choose not to waive this right, the Board must then automaticallyremand your appeal (i.e., send your appeal back to your local VA office) so that office can conduct an initial review of the new evidence and issue a new decision. Another common error is that the BVA fails, in its decision, to address an issue that a Veteran clearly raised before the BVA. determination is issued.4 The claimant is permitted to appeal any decision reached on a claim for benefits.5 The BVA's regulations, at 38 C.F.R. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog, find an accredited Veterans Benefits attorney, Court of Appeals for Veterans Claims (CAVC). Finally, the VA has promised Vets who have "opted in" to RAMP priority at the BVA. Hearing docket: On average, it takes the longest to receive a Board decision for appeals on the Hearing docket. how long after bva hearing before i get a decision. It looks like approximately 4 months from hearing to decision. This will take you to the page listed. You can also call your hearing office to ask about the status of your particular case. I just had my disability hearing and I thought it went well. At this stage, it's best to have the assistance of a VA disability attorney to help you determine the best course of action. ODA0NzdlYzlkZTg0NGQ4YmU1OTQ2NTM3NmYwMTU3Zjk4OTZiMjg5N2NhMWMx At the end of the call he said I should be getting a decision soon, shortly after the claim said I had 90 days to submit evidence in support of my case and the 90 day mark was February 10th. In the Board Chairmans 2017 Annual Report to Congress, the Board was said to have held 16,626 hearings during Fiscal Year 2017, and states, for those appeals that were resolved by the Board, veterans waited, on average, seven years from the date they initiated their appeal until resolution.. NWYxNjE2MTc5MTU1Zjg0YzlhMjljNDFkMmQ4MWE0NjY2OTNmNDllYTE1ZGRi Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. 2022; June; 9; how long after bva hearing before i get a decision; how long after bva hearing before i get a decision The Board assigns this number to your case based on the date VA received your substantive appeal to the Board (e.g., your VA Form 9). Furthermore, as to case summaries, reports of past results, individual lawyer biographies, news posts and other information pertaining to past and present cases, these descriptions are meant only to provide information to the public about the activities and experience of our law firm. Dwarf Mr Snow, Fred's Tie Dye, Saucy Mary, Sweet Scarlet, Kangaroo Paw Green, Idaho Gem and Banana Toes are just a few of the varieties one gardener is growing in a 4x8 bed of "bulletproof" tomatoes. Branch of Service: USMC BLT 1/26 9Th MAB 68/69 18 months & DONE. Hard to believe that no one has asked this question before. In order to appeal to the Board, you must complete certain steps with designated time periods. But the only way to definitively prove that the BVA knew about the records you mentioned in the hearing is to show the CAVC where in the Hearing Transcript you referenced them. How long a case stays at a payment center is a wild card variable and is dependent on the workload that a payment center has to deal with as well as whether you'll receive SSDI or SSI. Call theAMC and demandto speak with the service manager. I never saw e-benefits update so fast in my life. Moreover, the Board has already sent out over 100,000 decisions in Fiscal Year 2020, which indicates that appeals are being worked through at steadier rates than in the past. Immediately after the hearing, fax (or better yet, mail via certified mail, return receipt requested) a request for the BVA Hearing Transcript to the following address/fax number: * If you know it, the BVA Hearing Officials name. If any action is required on your part, you will be notified directly by mail. It's actually promulgate. Becoming proficient at retirement, Assisting Brother Nam Vets, Being a Grand Father X 6, Visual Appreciation of "ALL" If you are, you won't get an award letter. Afterthehearing, the judge will issue a decision. Copyright 2023 | Hadit.com Veteran to Veteran LLC The review requirement will usually be removed by the 6th post. Use paragraphs instead of one massive, rambling introduction or story. OTNkMGZkMTAyZGNiYzM4YzVlMjlhMmNlZjgwODBhZTA3Yzk5OWU5Mzc1NzIy What is a waiver of initial consideration of evidence by a local VA office? 96 views, 2 likes, 0 loves, 0 comments, 2 shares, Facebook Watch Videos from J.Cano: Law & Order: SVU - Best Episode The Board will create a transcript of the veterans hearing and add this to their file. By using this information, you understand that there is no attorney-client relationship created by you reading or using the information contained on this website or in this newsletter, article, or blog. Include a cover letter indicating that you are asking that the BVA Hearing Transcript be included in your C-File. Transcripts made of record June 9, 2018 Unfortunately, they sent it to the wrong address, so I have to fill out a change of address and have them re-submit, but this is a very small inconvenience on the grand scheme of things. You'll get a notice in the mail at least 30 days before your hearing is scheduled. 20.1304(c). Therefore, veterans who request a hearing under AMA are still experiencing the longest wait times as VA has given these cases last priority. For a searchable list of accredited representatives, please click here. If you want to know why there is a delay in sending for the transcript, you would have to write to the Board directly so they could help you. Required fields are marked *. Your appeal is at the Board of Veterans Appeals, waiting to be sent to a Veterans Law Judge. It's over, it's done. We are at the 5 month point from hearing.it took 5+ years for the hearing. how long after bva hearing before i get a decision. Of course, then you have to wait another 1 to 6 more months for the VARO to implement your decision, because the BVA does not pay benefits. During the call the judge said that he looked through my records and he saw that the VA hadn't done any examinations to see if my condition had improved soby VA law theycouldn't reduce me just based off 1 C&P exam. The hearing was held in Evanston, Illinois. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. These cookies allow the website to remember choices you make to give you better functionality and preferences such as text size, fonts and other customizable website elements. ZGEwZjBmYjMzZGU2MWI4Y2YyYzFmM2JhMDJlNmM0Mjc4ZWM1YWU2NjljYTY0 Alternatively, you may notice that the decision attributed statements to you that you did not make at the hearing. However, we reserve the right to keep anyone on moderator preview. We also discuss how to identify the cause and the best treatments for each type of pest. It's been longer than that now and I'm wondering what to do. MDlhYmFmMDFmZTc4YTE5NWExNTAyMjMxY2ZlZDYxNzQ2ODhkZDgwNWVkNDk0 For each issue youre appealing, they can decide to: Note:About 60% of all cases have at least 1 issue remanded. One of the first questions that you might ask is this:Its a legitimate question rare is the Veteran that finds themselves sitting on the couch eating bon-bons Continue reading. My decision from the BVA ordered a 30% service connection so the RO could not overturn the BVA's decision. Board hearings permit claimants to introduce into the records, in person, any available evidence which they consider relevant and any arguments or contentions that they deem pertinent to their VA disability claim. It does not establish an attorney client relationship. I know 2 months of that is waiting for transcripts of the hearing. Helping other Veterans and watching my grand-monsters grow up! ZGZlNDk5MzAwNzNhOGRiODMxZGY5MmQ3YWQ2MmY2NDFiN2MzZWIyMDdiMDk2 If you decide to execute a POA, you must submit the completed form by mail or by fax to the Board: By Mail: Board of Veterans' Appeals P.O. This appeals process can take a long time, usually many months or even years. Then you would need to file an appeal after that. Jun 09, 2022 So toatal from hearing to final 35 months, or 2 years 11 months in BVA time. A docket number reserves your place in the line of cases to be decided by the Board. The BVA will not charge you for it, and they are required to give you a copy if you ask for it. When veterans finally receive a decision from the BVA, it may not be what they were expecting. Your local hearing office, the Buffalo Office of Hearings Operations (OHO), may be able to give you an updated status on your case. Regardless, I hope your decision will arrive soon and in your favor. And the BVA may not presume a Veteran agrees with any point in the Statement of Case, whether expressly opposed or not. After just two years under the new system, however, the backlog already includes more than 45,000 cases. You (or your representative, if any) must send your written request to: 10. My decision was remanded from Remand to Decision was 19 months. This information is made available for educational purposes only and to provide general information and a general understanding of the law. If you're represented by a lawyer, the law firm may have a fairly good handle on how long a particular judge normally takes to get a decision out. I was represented by an attorney. The timeframe listed above existed in the Legacy Appeals system (i.e., the old appeals system); however, wait times for decisions following Board hearings have not improved much under AMA. BVA Decision granting service connection for 5 out of 9 contentions Jul 24 2018. The hearing docket is for claimants who wish to have a hearing before a Veterans Law Judge. Importantly, when veterans file a Notice of Disagreement (i.e., appeal to the Board), they must choose from three dockets: (1) the direct docket, (2) the evidence docket, or (3) the hearing docket. Pasted as rich text. NOTE: that if the Boardremanded an issue (or issues) in your case, that particular issue is not appealable because further action must be taken by the local VA office before the Board can issue a final, appealable, decision on that issue. Nzk4YjA3MzM3ZWFhMGU5ZjdhNWIzYzNlNmI2YmU5OGYyN2FkZmRlNjRhMGRl So the BVA held a hearing in your appeal, and when the decision was issued, you notice that the decision didnt address facts you brought up at the hearing. Press enter on the item you wish to view. "I didn't know what promilugate meant, so I looked it up. My appeal was issued in May 2015, certified to board Nov 2017, received video conference with judge Nov 2020, the 90 day evidence gathering was over in Feb 2021, and here I stand with no clue. Do You Have Long-Term Disability Insurance Coverage? If you are correct, and the recording was transcribed improperly, you may want to document the error, send it to the above address by Certified Mail, and start trying to find an accredited Veterans Benefits attorney to help you figure out what your next steps should be. How many years does it take the BVA to render a decision after hearing? One of the first questions that you might ask is this:Its a legitimate question rare is the Veteran that finds themselves sitting on the couch eating bon-bons Continue reading. The average wait time it takes to get a decision is eight weeks. MmMyNjdlMjRjYzBlZWYyYjJiYmJkNzQwOTUyNmRmOGRiNTIyNTk3ZjU1ZTZj Office of Accountability & Whistleblower Protection, Training - Exposure - Experience (TEE) Tournament, Benefit & Claim Status (Registration Required), Veteran Rapid Retraining Assistance Program (VRRAP), Web Automated Verification of Enrollment (W.A.V.E.) NDNiOWNhNWYyYTJiY2ZmNTU5YThmODA1YmJlN2FmN2QwMGI4OGY4MTA2NzFi Post author By ; Post date jaripeo hillsboro oregon 2021; what task do they have at camp westerbork . (1)(2) However, in our experience, it takes much longer. YOU ARE AWESOME MR. CHRIS ATTIG FOR THE INFORMATION YOU PROVIDE US U.S. VETS. i'de call the 800# and give them your new address to put in the 'puter !!! I emailed IRIS last week and have had three discussions with them since.
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