8up4life

Troxell and 25th Inf Did you guys get paid yet?

By the way, yes they must process your partial grants before the remanded issues.

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.

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.

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.

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.

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.

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

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

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.

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?

Cold case.

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.

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.

The VARO's need to go away, along with all VAMC's. Biggest waste of tax payer money there is.

I was certified to BVA in 2013. Had my hearing last month. I am just waiting for a decision.

Ok thanks, I did not know there was a site that you could search through BVA decisions. Here is the link for anyone else who does not know https://www.index.va.gov/search/va/bva_search.jsp?QT=&EW=&AT=&ET=&RPP=10&DB=2018 It looks like approximately 4 months from hearing to decision. I know 2 months of that is waiting for transcripts of the hearing. I still would like to hear the time frame from vets who have been through this process. Not the entire timeline of the claim, just BVA hearing to decision. Regardless of Grant, Denial, Remand.

How long does it take approximately to get a BVA decision after the hearing? Hard to believe that no one has asked this question before. All I want to know is if you had a BVA hearing and got a decision, how long did it take?

Even when it works its as useless as the people administering it .

I see your point. I have dealt with some pretty bad attorneys before for other issues. I should have said a reputable attorney. I was referred to my attorney on this site and I am happy with him so far.

For anyone who wants to know why a claim takes so long at VA. You file a claim with VA. VA Denies your claim without looking at any of your evidence. 1 Yr. You file a NOD on the denial. VA then goes through the evidence looking for ways to legitimately deny your claim. 2Yrs. If it is easy to disprove your claim you get denied within those 2 years. If you have really good evidence supporting your claim they will low ball you with 10% to provoke another NOD. You file NOD VA then simply pushes your file off to the side and makes no decision at all 5 + years In the meantime you are indefinitely stuck in limbo not able to proceed to BVA on appeal. The whole process is basically a Constructive Denial from beginning to end. Yes it is illegal. It is a Due Process Civil Rights violation against you, but it is ok, because mistakes happen, you cant prove it, and besides you have appeal rights. If they were only looking for evidence to approve your claim the process would be much faster. Finagling and looking for ways to screw you while maintaining the appearance of following the law takes a lot of time and ignorance. When you call them to check on the status they will tell you things like, it takes a lot of time trying to make sure they get everything accurate and correct, thank you for your service. have a nice day! The problem is they never get anything right, EVER! Because they spend all of their time making sure they get it wrong, because hey, you got appeal rights... Constructive denial. Beginning to end! If this happens to you, You can rest assured that VA has determined your claim is fully legit and you are entitled to the full benefit sought! They just don't want to give it to you. How they see it? If they award, you win, if they deny, you win, because your case will proceed to BVA if they deny... By either low balling you or not making a decision they can keep you at the VARO indefinitely. Constructive denial is the term, look it up if you don't know what it is. Stay away from DAV, American Legion, VFW... Get an attorney!

Don't let them try to rate you based on ROM alone. They have to put a weight in your hand and tell you to bend. The whole point of disability is not being able to perform work related tasks. Simply bending over, on demand, might be a VA work related task, but in the real world there is usually some weight bearing involved. If they don't evaluate you with added weight they are wrong!

Down yonder at the Jackson MS. VARO we wait 8+ years to get a claim thru to BVA. Can anyone top that?

Its job security. The longer they keep us bouncing around in their system the bigger the backlog and the more money they can ask for from the FED. Sick of hearing about how the poor VA is overwhelmed, like they are the victims. There is no sense of urgency to be found when dealing with these people, even on CSPAN Investigative VA hearings, no sense of urgency only a sense of boredom... They are making a good living off of us and the VAMC is no different. Despite their claim that VA and VAMC do not work together, they are obviously.... Bottom line, They have to keep us coming back to justify their jobs. At VAMC You will never receive a diagnosis or treatment for a condition unless it is awarded service connection. At VARO You will never receive service connection unless you have a VAMC diagnosis and treatment. Until then all you will get is vague assumptions about symptoms that the VAMC will never get to the root of, even if you tell them what happened to cause them. They will ignore the root of your problems for as long as they can. If you tell them you sometimes feel paralyzed and almost broke your neck in the military, they will look up your rectum and prescribe you laxative. If you go to a private Dr. and tell them your condition is from the military you will get the same treatment as VAMC because they know if you have to go to them for treatment you are trying to get around the BS VAMC is serving you and they dont want to get into a pissing contest with the VA. They do not like to be involved with anything that has claims attached. You have to beat them at their own game. If you have back pain and know it is from getting run over by a humvee when you were in service 20 years ago, Go to a private Dr. and be vague about your injury. Tell them you had a vehicle accident a long time ago. The medical report will look very different than if you go in there and tell them it happened in service. Then when you file your claim you can use that medical report as evidence, (the vehicle was a Humvee 20 years ago.) This is what I did and it worked. For 20 years VAMC and Private Dr's kept giving me minimized radiology reports of all kind of minor BS around the root, but never addressing the root. Then C&P examiners tried to say minor abnormalities that are consistent with the normal aging process. Went to a new private Dr. and told them I was injured in a vehicle accident a long time ago. The report came back with exactly what is in my SMR T2 T3 T4 AND they even emphasized in the report that the abnormalities appeared OLD and were probably secondary to an OLD INJURY! But thats not the end of it. I filed my claim 2010 ... The evidence was ignored claim denied 2012. filed NOD in 2012 certified to BVA 2013. I hired an Attorney. MY appeal was just transferred to BVA as of NOV 2017 after sitting stagnant at the VARO for 4 years. WHY? Because they falsely awarded 10% on one contention that I had to appeal which held up the rest of my appeal to BVA. Classic VARO Gank Move! Had a VARO Hearing scheduled in Nov 15. for the BS 10% rating that split my appeal in half. Drove 2 hours to get there and had my wife and my attorney with me. Huge building with a lot of employees and 2 huge guards on the lobby. The lobby was empty except for my attorney, my wife and I... lots of empty seats. So dont think everyday there are hundreds of veterans lined up at the VARO, with staff running around sweating and carrying files and stuff because there is not! It is a very laid back stress free atmosphere. The guards got on the phone to tell someone we were there and after 10 minutes the female DRO comes out and brings my attorney and I into the hearing office, my wife stayed seated in the lobby. She tells us in the hearing room that she has to cancel the hearing. My Attorney convinced her to have the hearing. So I go out and tell my wife to join us in the hearing room and noticed another female talking to the guards. After 2 hours the hearing ended. I was told that as soon as the transcripts were returned she would make a decision, generally about 60 days to get the transcripts. We left. Once in the car I told my wife that she initially wanted to cancel the hearing and my wife told me that she heard the girl in the lobby say to the Guards, that she had a lunch date with my DRO and when the guard told her she was in a hearing she said "HEARING? She didnt tell me about no hearing. " Basically the DRO was trying to cancel my hearing to keep her more important lunch date. This was in Nov 2015. It is now Dec 2017 and I still dont have a decision on that hearing, but they transferred the rest of my appeal to BVA after 4 years and a congressional inquiry. Basically since I still dont have a decision for the hearing on the 10% BS and they have now transferred my file to BVA without issuing it, this means the bulk of my appeal sat at the VARO for over 4 years for nothing!!!! Now it is over two years and I am still waiting for a decision on the DRO HEARING for a simple shoulder increase, which by the way was awarded as something entirely out of context from what I am claiming, effectively separating it from my actual claimed injury. As I sit and wait here all I can think about is the laid back atmosphere at the VARO and these 2 bimbos enjoying lunch while my appeal sits in the corner. HEARING DECISION!?!?, you aint tell me nothin about you got work to do when you at work... By the way the initial claim is from 1993. They kept telling me they couldnt locate my SMR even after I sent it to them 4 times! Now they just pretend the evidence doesn't show blahblahblah. Then setup bogus hearings, try to cancel them without telling you, then dont give you a decision and sit on your stuff for as long as they can. In my experience., there is nothing you can do to satisfy a DRO and even if you do, they still need the decision approved by the SOB on the second floor corner office with a view, whos main job and primary concern is to make sure they spend all of last years budget so they dont lose any the following year and can ask for more. That is VA and VAMC 101 Make of it what you will....

My Appeal sat at the VARO for 4 years until they transferred it. I got a congressional inquiry into the matter and their reasoning was that my other local appeal needed to be completed first so they could transfer it all together. What it all boils down to is the VA are a bunch of worthless pieces and the rules are set up to give them all the time they need to aggravate us without accountability.... Example: You have 365 days to appeal their decision. On paper It looks like it is for your benefit, like they are giving you plenty time to get you stuff together, but what that actually means is, your file was just placed back at the bottom of the stack, you can send your NOD one day after you receive the SOC if you want, but they will not look at it until that year is up! Effectively adding 3+ years to your misery.