armyrob

I don't believe so. If you look at the BVA decisions regarding 1607, 1606, kickers, etc.. You will notice there has been a lot of confusion -- most of it coming from the VA (shock I know). Likewise the BVA has granted a great many of those. I would just continue up the appeals until it is granted. You are in the right, and that is all that matters. Eventually they will grant it. Best of luck to you.

Those three exceptions are; 1. Early transfer to IRR before 6 years 2. Not serving in MOS that you received the Kicker for 3. Election to New GI Bill Again, though. I would just handle this the same way you do a comp claim. File an NOD, and it will bring it to their attention. Cheers

VA has removed the 1607 Pamphlet from their website because the are doing away with 1607 in the next year. However, this is the paragraph text from that pamphlet http://www.militaryconnection.com/gi-bill/bgib-selected-reserve You can search the applicable law of the 1607 in the US Code. https://www.law.cornell.edu/uscode/text/10/subtitle-E/part-IV/chapter-1607 Likewise here is the VA manual regarding REAP -- notice eligibility is carried over from 1606 to 1607 regarding kicker. http://www.benefits.va.gov/warms/docs/admin22/m22_4/part08/ch01.doc.

It applies to 1606 REAP, but you get 1607 if you were activated under Title 10 or Title 32.

I'm positive the Chapter 1607 Kicker applies if you were in the Selected Reserve when you were drawing the benefit. You were assigned to a unit, and going to school, correct?

If I'm understanding this correctly (sorry coffee is just now kicking in); as Berta asked, is this 60 day in regard to the SOC? If it is, you might want to elect the DRO within that 60 days and get a de novo review (you have 60 days to do this, or one year to appeal). This will allow you to go before a DRO, which given the complexity of the claim will allow you the opportunity to explain and narrate in front of the senior rater. If you keep submitting evidence without electing that -- they will just issue a SSOC. By electing the DRO within 60 days, you will be scheduled a DRO hearing. Meanwhile, that will afford you time to gather more evidence, get organized, and bring that information to the DRO hearing when it comes around (a few hundred days on average, but it depends which region).

I would appeal this decision in the same format you appeal a traditional claim. For background, you can search REAP or 1607 on the BVA decisions, if you notice, most of those were brought before the board because vets were unclear about the irrevocable election to receive educational assistance under the Post-9/11 GI Bill from 1607. It sounds as if yours is different though, as you simply went from 1606 to 1607, in which case you would have maintained the DoD Kicker. The trick here is that the Kicker portion of the payment is something that is typically administered by the VA, but verified through the service -- so retro payments for this tend to be complicated for them to process. Essentially the have to send an inquiry to the service for the kicker, and then they process it -- but since we are talking a retro payment here... I would try the first route doing this: If you haven't already, do the Web Automated Verification of Enrollment (WAVE) or by Interactive Voice Response (IVR). Here is the WAVE website or call 877-823-2378. Try to prompt an inquiry through WAVE, this is the team that processes REAP (1606/1607). They will provide you a way to fax/submit the contract. Hopefully they can nip it in the bud at that level. If not, Have they issued a decision in writing denying the kicker? If not, call the VA and request a cert of eligibility (as if you were going to use your 1607 for the first time). They will mail you a document stating how many months you have left, yadee yadee yada.. Within that, there are instructions to appeal.. It's the same as a comp claim, but this will initiate the process. 1. Decision (letter of basic eligibility or NOBE) 2. YOU file NOD right away -- submit enlistment contract with NOD This should get it fixed at that echelon. If not, file a Traditional Appeal on VA Form 9. I realize this is a pain in A.. But it's the only way you can prompt them to look in to this. At the very worst, it will go to the BVA and the BVA will award the benefit -- if it's on your enlistment, it should be cut and dry. Hope that helps.

Just remember, depending on where your claim is in the process, and FOIA request for the c-file can add time to a claim. Agreed with pwrslm, you really don't need a c-file until either you are getting ready for an appeal or your claim closes.

I might be able to take a stab at this; I was a 1SG for an activated unit in '06 and helped quite a few with 1606/1607 when they returned. A few questions; 1. Were you activated AD under Title 10 or Title 32? 2. So I have this straight, you had 1606 w/kicker in your enlistment contract -- and made the irrevocable election to the 1607 (presumably after a deployment)? 3. Have you used any other GI Bill benefits, at all, ever (CHP 33, etc)? 4. Did you make the irrevocable election to receive educational assistance under the Post-9/11 GI Bill from 1607?

I don't have enough background on your claim to offer that advice. But I can say that refiling a new claim, or claim for increase without substantial new evidence seems pretty moot. The answer is going to be the same. You are spinning your wheels. If you want a fresh set of eyes on your claim to see if an increase is warranted based on the evidence the BVA is your best shot. If, you decide to go the BVA route -- be sure to get the Form 9 date stamped and received -- especially since you are going it alone. These are extra steps you need to take if you are going at it pro se.

The only reason I ask is because if a VSO files the NOD and election of de novo they are required to keep a transmittal record. If you are going at it alone - I always recommend taking it to the VARO to document intake and getting a date stamp so you have proof. Beyond that now if the 60 days has passed. I would not follow the advice of IRIS of a intent to file a new claim, as that will reset your effective date. Likewise, you will want new and material evidence. At this point you should just follow the traditional appeal to the BVA -- because by the time you start over, and are in cue for a DRO your claim will be most of the way to the BVA. You filed a Form 9 correct? I can tell you from experience.. Many times in the 11th hour of an appeal to the BVA, the RO will order a new C&P shortly before it is being certified to the BVA, and give it another shot at being increased.. They do this by creating their own miraculous "new evidence".. hoping you will withdrawal the appeal. Again, this happens a few months before it is being certified to the BVA (roughly 3-4 years).

To clarify, did you submit the NOD or did a VSO submit it?

Are you using a VSO or Pro Se (self representing)?

No, the BVA does not issue a SOC or SSOC (depending on the claim). When your case is seen by a VLJ, they will issue a decision. The AMC (a few months after the BVA decision) will issue a SOC if it is a partial grant or remand.

"15" is the docket 'year', and yes, since you were at the end of the year it would make sense it would have a high docket ending. You are probably in cue for a window around 2019. Broncovet posted a synopsis of timeline somewhere recently. But 2.9 years from assignment is about right.