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8up4life

Third Class Petty Officers
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About 8up4life

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    E-3 Seaman

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  • Service Connected Disability
    10%

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  1. By the way, yes they must process your partial grants before the remanded issues.
  2. That is what they have been telling me for the last 3 months. Two days ago I called the AMC and told them to connect me with the Service Manager.... He looked into it and presto....E- Benefits now shows my correct ratings and I will be getting the retro within a week or two he said. The problem he said is one of communication within. The audit on mine was complete but not forwarded to the authorization official. Until you get the manager on the phone your case will stagnate right where it is.
  3. Same situation here. BVA Partial grant Jul 24 Still waiting for the RO to issue a Rating Decision, and pay the Retro. 9 Years is not long enough for them to screw with you.
  4. 8up4life

    Attorney Fee Eligibility Determination

    I heard only VSO's have access to the VBMS and can review decisions. Attorneys can't. The ratings were done on Aug 28th and the attorney fee has been withheld since Sept 10. Right now I am just waiting for a rating decision and retro deposit which should have came at the same time the attorney fee was withheld. I am being told that my case is still sitting in the attorney fee coordinators office waiting for transfer back to the AMC for final authorization. Just sitting there over 2 months waiting to be transferred.
  5. Claims filed Jun 2010 Claims denied 2012 NOD 2012 Certified to BVA Mid 2013 Transferred to BVA Nov 2017 BVA Hearing March 2018 Transcripts of hearing returned Jun 2018 BVA Decision granting service connection for 5 out of 9 contentions Jul 24 2018 Ratings complete Aug 28, 2018 Attorney Fee Withheld Sept 10, 2018 Nov 20 Still waiting for Rating Decision, Retro Deposit and Implementation. ::::IMPORTANT::::: At this stage many veterans are waiting up to 18 months to see the retro and rating decision. This is unacceptable. You should expect 4 months from BVA Hearing to BVA Decision. Then approximately 2 months from BVA Decision to Rating Decision. If you have not seen any progress by then, do the following. Call the AMC and demand to speak with the service manager. I had been calling the 800 # and the AMC getting the same lame runaround. Nov 20 It wasn't till I called and spoke with the AMC Service manager that my Ratings in Benefits changed to reflect correct ratings, and I was assured that I will see retro within 1 - 2 weeks followed by the actual rating decision. I never saw e-benefits update so fast in my life. Had I not called and spoke with the manager the wait for retro and ratings would have been indefinite like so many others. The break down was with the Attorney Fee Coordinator not communicating to the VSCM that the case was ready for final authorization. The VSCM cannot authorize what he doesn't know needs to be authorized. 202-530-9000 is the number the VSCM called me back from. If that don't get you thru the AMC num is 202-530-9455 ask for the service manager, then make sure it is actually the service manager you are speaking with once you get someone on the phone.
  6. 8up4life

    Attorney Fee Eligibility Determination

    BVA only establishing service connection. There is nothing for me to appeal except the ratings and EED that will be coming from the RO. They got me unnecessarily waiting 120 days despite the fast letter. VA Perpetuating the Backlog.
  7. 8up4life

    Attorney Fee Eligibility Determination

    Still no rating decision, no retro, no update in e-benefits. BVA Granting service connection Jul 24 Ratings done Aug 28th Sep 10. Attorney Fee Eligibility Determination estimated completion date: Nov 29 Seems they are ignoring the fast letter and waiting for the 120 day appeal period lapse to implement. DEPARTMENT OF VETERANS AFFAIRS Veterans Benefits Administration Washington, D.C. 20420January 6, 2010Director (00/21) All VA Regional Offices and CentersIn Reply Refer To: 211B Fast Letter 10-02SUBJ: Implementation of Board of Veterans’ Appeals DecisionsPurposeThis 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.BackgroundIt 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.ProceduresGrants and Partial AwardsROs 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.DenialsDenials 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.QuestionsQuestions concerning this fast letter should be e-mailed to VAVBAWAS/CO/ 21FL./S/Bradley G. Mayes Director Compensation & Pension Service
  8. 8up4life

    Lawyer Fees

    Seems the 20% attorney fee is only covered to the date of the NOD, since they are not allowed to charge for services prior to the filing of an NOD. example: Claim filed in 2010 NOD Filed 2013 Claim Awarded 2018 with EED 2010 Attorney Fee is 20% to 2013 date of NOD
  9. 8up4life

    Attorney Fee Eligibility Determination

    Thanks for the info Bronco. Ratings were completed Aug 28th. So far no deposit, no rating decision. I think there is a difference in respect to Attorney Fees for NOD filed after 2007: If the NOD was received on or after June 20, 2007, the finance activity must withhold an assessment from the attorney/agent’s payment. Not sure what "withhold an assessment" means, obviously a delay of some sort.
  10. Hard to believe no one ever asked what this is or how it works. Kept in the dark about EVERYTHING, until it is complete, despite the fact that an attorney fee has absolutely no bearing on what your final ratings are. Any idea how long VA will force me to look at this status?
  11. 8up4life

    8 Years finally BVA Grants

    Cold case.
  12. 8up4life

    EBenefits is useless.

    Just to let everyone know EBenefits is Administered specifically to keep you in the dark and make you angry. Information from Ebenefits Remanded Appeal Your appeal has been sent back for further development by the Board to the Appeals Management Center or to the office that made the original decision on your case. Information from Vets.gov Issues Currently on appeal Remand Service connection, post-traumatic stress disorder Service connection, emphysema Service connection, ulcerative colitis Increased rating, limitation of arm motion Closed Granted Service connection, intervertebral disc syndrome Service connection, lumbosacral or cervical strain Service connection, chronic fatigue syndrome Service connection, tinnitus New and material evidence to reopen claim for service connection, post-traumatic stress disorder New and material evidence to reopen claim for service connection, intervertebral disc syndrome New and material evidence to reopen claim for service connection, tinnitus New and material evidence to reopen claim for service connection, emphysema Service connection, skeletal injury or loss of motion All of these contentions were decided in one appeal. Use Vets.gov if you want to be informed. Don't let them antagonize you thru ebenefits.
  13. Update. Had hearing March 13, 2018 for 9 contentions Transcripts made of record June 9, 2018 Decision July 24, 2018 So about 4 months from hearing to decision and I had 9 contentions.
  14. The VARO's need to go away, along with all VAMC's. Biggest waste of tax payer money there is.
  15. I was certified to BVA in 2013. Had my hearing last month. I am just waiting for a decision.
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