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Bva Granted Tdiu Year Ago Not Implemented Yet

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Gardener

Question

I am new to this forum and would like to ask a question. Thanks for everyone's service

BVA granted my TDIU almost a year ago, but this favorable grant was sent with a couple of remanded issues to the AMC. On 6/14/10 I received a SSOC from AMC denying the remanded issues and three other issues that were not remands.

Today I returned the 30 day waiver form (faxed and mailed a copy) to the AMC asking them to just send the denied claims back to the BVA.

Once they receive this waiver will the AMC implement the BVA decision giving me the TDIU? and then send the rest on to the BVA to decide?

I spoke with the local regional office today and was told that the AMC would be the one to implement the favorable portion of my claims from the BVA.

Does anyone have any experience with this type of circumstance? If so, do you have any idea how long now before they pay the favorable TDIU grant? It has been almost a year since I recieved the grant from BVA and I am still waiting to be compensated for this.

Thanks in advance for any help you can provide:biggrin:

Gardener

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  • HadIt.com Elder

Welcome to Hadit.

AMC is slow not sure how long but wish you good luck

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I suggest you go to this past post here:

and print off the Fast Letter I attached to my post there.Send them a copy of this fast letter and ask them for the TDIU decision, the proper EED, and the cash.

Any award even a partial' award from the BVA should be acknowledged and paid immediately.

I had similiar problem.It took a year for payment but due to other reasons. No vet should have to put up with this practice of the ROs deliberately holding onto to awarded retro money.

The Fast Letter states in Part:

"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"

Edited by Berta
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Hi Berta,

Thank you for your response, and also to Pete.

I sent a Statement in support of claim with that 30 day waiver and did reference that fast letter, dated Jan. 6, 2010. I wonder if that just applies to claims received from the BVA after the date of that letter, or does it apply to older claims also? I also asked them for an explanation as to why my favorable grant by the BVA had not been implemented.

Hopefully, I will receive a response. I do know that, as Pete stated, the AMC is very slow, but this seems to be just going on and on. I can understand the wait for the remanded issues/others, but to receive a favorable grant and not be able to see the retro for that is getting a bit ridiculous.

Thank you, again, for all of your help!

Gardener

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I would also contact your congress rep at their office and see if one of their staff can help get you get your payments going.

This happens way to often in BVA grants and needs to be stopped. That is one reason for the fast letter being sent to the ROs to clearly tell them to pay even in cases that have not been fully adjudicated and have other deferrals and denials. The vet needs the money!

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