Hammer46

I had 70% TDIU for a couple of years and then got another rating for 60%.   I had to remind the VA that they owed me housebound.  I got it and retro to the time I first got the 60% rating.  I have five other ratings of 20% and four 10% ratings.  I have a 90% rating overall now.  VA math?  I think the main thing to get after 100%, or TDIU rating is P&T no new exams.

Another winner,
OPRAH, you get a win, you get a win, you get a win,
Hamslice
 

You are being paid at the 100 percent rate because you are unemployable due to your service-connected disabilities: Yes Include the information in this row You are considered to be totally and permanently disabled due solely to your service-connected disabilities: The effective date of when you became totally and permanently disabled due to your service-connected disabilities: Yes

Hi Betty

Then this means, that while my file is with the AMC, it is advancing on the docket with the BVA. I ll call the BVA Monday
A BVA phone answerer once told me that they were expecting to receive my file back from AMC in about 250 days, it s been 856 days, when I told her how many days I have been waiting, she gasped and said that the AMC was extremely backlogged.



I also read somewhere that the goal for AMC was to have a claim decided in about 400 days.


Happy Trails


Paul

Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!

You can call or to can go to your senator office and they will email the RO office And the RO office will email the C&P exams to them. Semper Fi Brother

My surgery is unrelated. I'm having section of colon removed because of recurrent diverticulitis and gallbladder removed at same time for polyps to rule out / prevent cancer.
I'm going to be on short term disability during my recovery time so Ill be making less money during the time I'm out.
Currently rated at 10% and judge ruled in my favor for tinnitus and range of motion for right arm because tenosynovitis and surgery that occurred in service. Remanded issue is for increase in rating for scar from said surgery.
I've called a few times. I've been told that the remanded issue has an order in and that the RO has my file and that it takes time to figure out backpay. They also don't have any estimates on timeframe.
Called back again after almost 3 month mark because the VA website specifically says if the decision resulted in increase in disability rating it should take 1 to 2 months. This time agent I spoke with said that he never even heard about estimates on their website but it would be just that an estimate. So I asked if it would be crazy for it to take 4 months which would be double estimate and he said no. 
In the past when I filed for increase I had it within weeks after exam.
I also asked the person if I could talk to anyone else about the issue and they suggested the BVA but I said it's with RO right and they said yes so the BVA would be no help then they gave me the claims fax number which I don't think will be helpful at all either. 

Thanks for your reply I really appreciate it. The remand was because the examiner didn't get all relevant information needed to determine a proper rating since I disagreed with 0% rating. They also apparently didn't look at more medical records over 2 year period that were related. 
I think your right about congressman. I might try the Whitehouse hotline number first for veteran issues then if that doesn't seem promising reach out to congressman. 
Are there any regulations your aware of for timelines in which VA has to respond to BVA or anything else like that so I can use it to hold feet to fire?

Backpay You are between a rock and a hard place for sure. Not that it is of any help, but when the remand comes down and they are figuring out back pay, the VA has a real tendency to string you along for a while. Kind of holding up your money, which is no longer the VA's. But that really isn't unusual; they do it to most. The only thing I could think of is to call your congressman's office and see if they can issue a letter of inquirey. Have all the facts, dates, and play upon the fact you will bee out of work with no income for several weeks and the resulting hardship it will bring.. Pick a Congressman who cares about veterans if you can; it would have more clout. I don't know of anything else to tell you. It's their process, they were directed by BVA, and now tey are going to take as long as they want to pay you. Good Luck.

So I called again.... I was told that the 1 to 2 months timeframe is always listed and essentially means absolutely nothing. Won't lie kind of upsetting especially considering the scandals with VA and wait times for medical care so it seems like they care about appearances vs actually following through of time frames. Was also told the Dec 5th date was the date someone at the RO got my file back from BVA and updated the status. He said it's been in the ready for decision status since Dec 5th and that they need to determine effective dates and percentages and basically go through everything again and there is no way to know if it's actually being worked on or not. 

Call Peggy again. It is possible that the remand is holding everything up. You haven't provided any facts; have you explored getting workman's comp? If your surgery is for a s-c disability, sometimes you are eligible for temp disability comp. For example, if you have s-c prostrate cancer, you can be paid 100% rate for recovery time and then your ar re-evaluated.

Like I said I'll keep updating this thread throughout my journey so that it may help someone else. 
I sent the about info last night to my VSO and they called me this morning but I was sleeping. Waiting on another call back from them.
But here is a new question. So if the DRC takes 30 days if I filed it today would that mean they would deny it because they would see my file and have to approve the grant from BVA so my fast track claim would be moot? 

If I find out anything good I'll definitely update everyone here. Personally I found the following interesting.
Let's break down my situation to basic terms. I was granted service connection for 2 disabilities. 1 for tinnitus which is 10% rating no matter what. The other for tenosynovitis which would require them to look at the evidence they already have in their possession.
The remanded issue is because the examiner didn't get all the info they were supposed (this is for an increase in an established SC disability because I disagreed with initial rating) and the judge said the RO didn't bother to look at relevant medical records from a 2 year period.
These are some interesting facts though when considering the above.
According to the VA in December the average time for a decision on a new claim was 82.4 days. That includes getting all the evidence, reviewing it, deciding if it's service connected, and at what rating. 
https://www.va.gov/disability/after-you-file-claim/
Personally I'm inclined to believe that it's so fast for new claims because like my remanded issue they don't do what their supposed to and deny claims to make those wait times look better. But let's say they are doing things properly for the sake of everything.
83 days after RO received order from BVA to grant me 2 SC disabilities will be February 26th. So why when most of the work is already done is it taking that long to get my rating? Again VA website said I should expect it in 1 to 2 months.
 
The VA also claims to decide claims for increases in disability if you file decision ready claim and work with veteran service organization within 30 days. 
I have a VSO representing me and essentially the BVA gave me service connection so the VA is just processing an increase and according to person I spoke with on phone my case has been in decision ready status since December 5th.
I definitely feel like I'm finding more and more information to use to speed this up especially if I call congressman.

I am not aware of any time limits on remand decisions but if you go to their web site, https://www.bva.va.gov/ , there is a tab to contact and also to ask questions. If you find out anything, I'm sure we would like to hear it.Good luck.

Some more relevant issue regarding word expeditiously.
https://www.federalregister.gov/documents/2019/01/18/2018-28350/va-claims-and-appeals-modernization
N. Comments Concerning § 3.2502—Returns by Higher-Level Adjudicator or Remand by the Board of Veterans' Appeals
 
  Several commenters expressed confusion over the inclusion of the term “adjudication activity.” VA agrees that our use of this term in the proposed rule was confusing. Accordingly, VA revises § 3.2502 to use the term “agency of original jurisdiction” throughout the final rule. Similarly, commenters requested further clarity on what it means to “take immediate action to expedite readjudication.” The AMA amended 38 U.S.C. 5109B to state, “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.” VA agrees that clarification is necessary and revises § 3.2502 to more closely mirror the statutory language. The statute does not further define what is meant by Start Printed Page 147“expeditious,” leaving timely treatment of claims to the Secretary. Clearly, Congress intended that VA would process these claims as expeditiously as possible depending upon available resources. VA will similarly not further define “expeditious” in the rule to provide the Secretary the discretion to direct expeditious processing of actions through allocation of available resources, appropriate prioritization of workload, and issuance of procedures.

So I'm finding more and more info that I feel will help.
See the following which is found in federal regulations regarding adjudication of claims.
https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=549cda86648188a6a068def5530850c9&rgn=div5&view=text&node=38:1.0.1.1.4&idno=38
§3.2502   Return by higher-level adjudicator or remand by the Board of Veterans' Appeals.
Upon receipt of a returned claim from a higher-level adjudicator or remand by the Board of Veterans' Appeals, the agency of original jurisdiction will expeditiously readjudicate the claim in accordance with 38 U.S.C. 5109B. The agency of original jurisdiction retains jurisdiction of the claim. In readjudicating the claim, the agency of original jurisidction will correct all identified duty to assist errors, complete a new decision and issue notice to the claimant and or his or her legal representative in accordance with 3.103(f). The effective date of any evaluation and award of pension, compensation or dependency and indemnity compensation will be determined in accordance with the date of receipt of the initial claim as prescribed under §3.2500(g).
 
[84 FR 172, Jan. 18, 2019]
 
i then searched all of the sections under adjudication and found that the word expeditiously is only used twice. Both times regarding how the VA must handle claims sent back to them from a higher authority.
why is that important? It shows that regulations require they be handled faster then a standard claim. So I definitely should have received my rating and back pay by now.
 
so I guess I could also go the route of inspector general now since I have reason to believe federal regulations are not being followed.

Hello,
Dec 5th I won 2 parts to my appeal and had 1 remanded. 1 of the disabilities awarded is tinnitus. On the VA.gov website it says that it should take 1 to 2 months for the new disability rating to be reflected. It's been over 2 months and nothing. I called the national number and they could only say it was at my RO (that was a month ago) , I contacted my VSO who didn't know anything either. How long does it normally take? I'm going to be out of work for 4 to 6 weeks because of surgery that I have next week.
 
Thanks

Called Peggy with questions on regulations who said I had to escalate it and suggested white house hotline. Called them and got conflicting information. 
Basically I was told they don't give estimates but estimates given on website are based data such as claims, information they have, workload etc. But they are just estimates. He couldn't help me but I also mentioned that if they have data they use to give those estimates on website then it would be crazy to think it should take double the higher estimated timeframe.
 
Also said that appeal grants are treated totally different and in seperate pile for handling then new claims which again seems crazy if appeals once given back to the RO are supposed to be handled expeditiously. He said I may have different interpretation of expeditiously and I just said to me expeditiously should mean faster then the standard claims. 
 
So to me personally it seems like the VA is playing games with optics and timeframes to make themselves look better. 
So the fight continues, at this point since I tried handling it on the lower levels I'm going to prepare letter for my congressman and for the office of inspector general as well as see if there is an investigative reporter who would like to do a story not on me but on these "estimated timelines" and possible regulation violations.

Thank you. 

Congratulations Sir.

Hammer46, yes congrats! But as Bronc advised, don't go spending the money yet. A lot of factors go into getting the compensation deposited. When you finally do get it, pay attention that you don't get lowballed on the amount because they gave you a letter effective date, EED, than you should have. If they do, you can also appeal that as well. 

Recieved bva decision on 5/8/18,was told by peggy that it was rated on 10/01/18 and was pending authorization as of 10/9/18 what does that this mean?

I filed for benefits in 1978 for Anxiety, Depression and Headaches and was denied.

I refiled in 2002 and again was denied.

In 2004, I locate those long lost psychiatric records.

I received a SC. DRO didn't use any of my medical records from 1965 to 1979

Received a form 9 to be turned in within 60 days.

Same envelope, you are going to a C&P for an " Acquired Chronic Psychiatric disorder".

Form 9 is turned in before the C&P.

Va doctor More Likely than not that my anxiety began in service.

BVA calls it now " Acquired Psychiatric Disorder with Anxiety and Depression.

What is " an Acquired Psychiatric Disorder and why am I not under the plain old illness that I filed for Anxiety, Depression and Headaches.

Thanks,

Josephine

Have you gotten any update on this at all? I'm curious because I have finally gotten a granted appeal from the BVA in August of 2018 but haven't received a ratings decision from my RO yet. Nobody seems to know anything, even the director of my RO. 

Hello all,
I'm just trying to see if anyone would have some insight or suggestions regarding my situation. I have received an appeal that in which OSA was granted secondary to service connected asthma. PTSD was remanded. This happened on August 13th, 2018 and I have not received any rating decision and it's approaching 10 months. Is this normal? I have contacted my RO executive assistant, the white house hotline, my congressman and my county VA rep and nobody seems to be able to help. I have submitted financial hardship forms and it has been flashed to no avail.  They just keep saying there's no time frame and all they mention is the remanded PTSD until I bring up the granted Obstructive Sleep Apnea grant. It's like they don't even see that part or it's been lost and nobody looks into why this has been pushed aside. I originally applied for compensation in 2010. Is this normal these days for RO's to just ignore the BVA grants and not follow through with hardship and expeditiously processed BVA decisions?
 
Thanks!