I agree! Not having done a C&P like this since 2011 or 2012, I felt good going in but once the ROMS were happening I had no idea how it was going and the mind just ran with it. It's good to hear my experience seems to have been a good one!
I'll post the redacted C&P in my Supplemental Claim - Spine post once I can access it.
I will tell you what probably happened after you filed the form-9 and sent new evidence, the new evidence has to be reviewed by the regional office. When filing the form 9 and sending new information, you should also send a "waiver of regional office consideration form". This allows the BVA to view the new material/evidence without forwarding it back to the regional office for viewing.
I looked up 38 USC 1114 and what I copied below I have found the below. It only states one full step increase for additional 100% condition, but lists paragraphs I thru o. I am not missing extremities to qualify for the others. So, the remedy it says for all others would be the VA Secretary would have to establish the increase amount not to exceed $4667 per month compensation. Could be a precedence for those that are SMC-S, 100% with 60% combined conditions
Determine if the veteran qualifies for: An Increase due to Additional Independent Disabilities.
Additional independent 50 percent disabilities. In addition to the statutory rates payable under 38 U.S.C. 1114 (l) through (n) and the intermediate or next higher rate provisions outlined above, additional single permanent disability or combinations of permanent disabilities independently ratable at 50 percent or more will afford entitlement (increase 1/2 step) to the next higher intermediate rate or if already entitled to an intermediate rate to the next higher statutory rate under 38 U.S.C. 1114, but not above the (o) rate. In the application of this subparagraph the disability or disabilities independently ratable at 50 percent or more must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114 (l) through (n) or the intermediate rate provisions outlined above. The graduated ratings for arrested tuberculosis will not be utilized in this connection, but the permanent residuals of tuberculosis may be utilized.
Additional independent 100 percent ratings. In addition to the statutory rates payable under 38 U.S.C. 1114 (l) through (n) and the intermediate or next higher rate provisions outlined above additional single permanent disability independently ratable at 100 percent apart from any consideration of individual unemployability will afford entitlement (increase full step) to the next higher statutory rate under 38 U.S.C. 1114 or if already entitled to an intermediate rate to the next higher intermediate rate, but in no event higher than the rate for (o). In the application of this subparagraph the single permanent disability independently ratable at 100 percent must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114 (l) through (n) or the intermediate rate provisions outlined above.
Total plus 60 percent, or housebound; 38 U.S.C. 1114(s)
The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and,
(1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or
(2) Is permanently housebound by reason of service-connected disability or disabilities. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime.
INSTRUCTION: If either of the above checked AND a SMC Level has not been selected yet from the Other SMC Level drop-down select below, then select "SMC-S".
NOTE: The compensation for rate SMC-S is less than for rates SMC-L through SMC-R (except SMC-Q).
retiredat44 55On 11/18/2010 at 10:52 AM, carlie said:
I just saw this post, I believe I am a victim of this issue, if I understand correctly, a partial grant decision cannot be held for a certain amount of time waiting for other decisions...Quote
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
Washington, D.C. 20420
January 6, 2010
Director (00/21) In Reply Refer To: 211B
All VA Regional Offices and Centers Fast Letter
SUBJ: Implementation of Board of Veterans’ Appeals Decisions
This fast letter provides clarification of the existing procedural guidance for
implementation of Board of Veterans’ Appeals Decisions. The instructions
provided in this fast letter supersede all prior guidance on this issue.
It has come to the attention of the Board of Veterans’ Appeals (BVA) and the
Compensation and Pension Service that there is inconsistent processing of
claims involving implementation of BVA decisions with partial favorable findings.
it was determined that some regional offices (ROs) were delaying
implementation of these BVA partial grants until expiration of the 120-day period
within which a veteran may appeal to the United States Court of Appeals for
Veterans Claims (CAVC). Delayed implementation of favorable BVA decisions is
inconsistent with the Department’s long standing pro-veteran position and
unnecessarily delays payment of benefits to the claimant.
Complete Grants and Partial Awards
ROs are required to review all files returning from BVA to determine the type of
action to be taken. ROs must expeditiously implement favorable decisions
rendered by BVA in all cases, including those decisions that may also contain
unfavorable findings subject to appeal with CAVC.
For processing purposes, a partial grant or an increased evaluation less than the
schedular maximum available is considered a “favorable decision.” Partial grants
rendered by BVA are subject to expedited processing.
Although a claimant may elect to appeal the evaluation assigned by BVA and
continue to pursue an increased or total evaluation for the same disability before
CAVC, the partial grant should still be implemented immediately.
In many instances, the claims file will not be required to complete the grant or
partial grant of benefits ordered by BVA. If a decisionmaker needs the claims file
to accurately comply with the BVA mandate, he or she should follow the
instructions regarding locked CAVC files provided in M21-1MR, section
Denials of entitlement to benefits rendered by BVA should continue to be
processed in accordance with the procedures outlined in M21-1MR, sections
I.5.G.33.c and d.
** cut off by me to shorten for post
Jangs1963: I think this is why it were it at now-when you file a V9 to the regional off. with additional evidence they have to review the new evidence and make a decision before it goes to the board
you said you i filed the V9 and added your surgery records which is new evidence now they have to make a
decision due to the new evidence...
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