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michael09070
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michael09070 reacted to kanewnut in bva awarded claim
This is the letter copied from the older posts that carlie had posted -
DEPARTMENT OF VETERANS AFFAIRS Veterans Benefits Administration Washington, D.C. 20420
January 6, 2010
Director (00/21) All VA Regional Offices and Centers
In Reply Refer To: 211B Fast Letter 10-02
SUBJ: Implementation of Board of Veterans’ Appeals Decisions
Purpose
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.
Background
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.
Procedures
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 I.5.J.48.e.
Denials
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.
Questions
Questions concerning this fast letter should be e-mailed to VAVBAWAS/CO/ 21FL.
/S/
Bradley G. Mayes Director Compensation & Pension Service
The post mentions contacting OGC, I think this is office of General Counsel. The post also mentions the BVA ombudsman, but I don't know anything about that.
The post mentions -
38 U.S. Code § 5109B. Expedited treatment of returned and remanded claims
The Secretary shall take such actions as may be necessary to provide for the expeditious treatment by the Veterans Benefits Administration of any claim that is returned by a higher-level adjudicator under section 5104B of this title or remanded by the Board of Veterans’ Appeals.
Hope this is helping. If not let us know, we'll keep trying.
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michael09070 reacted to michael09070 in Awarded my claim
My question is I got my letter of service connection granted on January 22 does anyone have any idea how many months it takes to get a ratings assigned after adjudication. By claim goes through Chicago. I’m just looking for experience as I know no one can know the answer for everyone but it just gives me an idea thank you in advance