[Special Monthly Compensation]

What are some of the ways you can qualify for this benefit...what about chronic sciatica  and not being able to ambulate around house...difficulty keeping up with and taking care of kids...and chores around house...wife has alot on her plate...can she be paid to stay home and take care of the house and kids

[Authorization]

I recieved a decision from BVA in Aug of last year...they owe a bit of Retro pay.. 

Was told went to Authorization on 21March...they recieved Authorization on 28Mar...

What does this mean...Are they ready to issue payment an reward letter?

[Special Monthly Compensation At The Statutory Housebound Rate]

Wondering if my being rated at 90% and awarded TDIU... 60% BACK CONDITION 50 MOOD DISORDER 10%PPARALYSIS OF THE SCIATIC NERVE...Do i qualify for SMC?

[Appeals Management Center]

yeah it's sounds a lot like my case...

i have claim at appeals management center. i i have been there two years this time on second remand . called and one time they said waiting on third signature , called second time said waitin on decision ,called third time said decision made waiting on authorization , would not tell me decision. asked if this meant if i had won my claim guy said not necessarily. said would recieve notice 4 to 5 weeks . any body been through this ? or know what is happening

[Appeals Management Center]

Hi I recieved a letter from the AMC...for and decision for an EED dated Aug 25...Im tryn to find out who is going to process the retro payment...the lat time it took almost a year to get my back pay...and i don't want this to happen again...

I now live in North carolina..so the VARO is Winston salem...but they don't have but part of the file...WV...Huntington VARO has juristction on it....I'm tryn to get a hold of someone who can make this happen...all of the telephone numbers are routed to call centers...I called Glenn who is a Supervisior at the AMC...but I left a message...

Anyone know of any top brass to call about this...

[Appeals Management Center]

Thanks for the info and opinion...I appreciate it..

My opinion only...

We were in your circumstances, and filed a writ of mandamus ourselves (pro se -- without an attorney). It costs $50 to file (nothing if you seek a waiver due to hardship), and although you will not "win" a writ, you will more than likely make things so awkward for the VA that they will give you a decision, finally, even if it's a denial. The AMC makes a finding, sends it to the Board, who can then either accept it or disagree.

That's what happened to us. We were denied the writ as moot because the AMC finally got off its ass and issued an SSOC, which denied the claim, but we have still not heard from the Board. We'll give it until November 1, and then we'll file another writ if we must. I want to get attorney representation for this claim, and can't get it until it reaches the Court.

[Appeals Management Center]

The AMC with the help of the VA has changed the telephone numbers so that when you call them it rings in to the nearest VARO...

Who do you call to get swome pressure on these folks....I have waited and waited for and decision on and EED...I'm already 100% IU...but My clsaim was put in in 1994...the VA made my 100% effective in 2004 bevcause that's when the doctor examined me and found me to be TDIU...I appealed that decision because my claim was that my disabilities prevented me from maintaining gainful employmwent in 1994 not 2004.

This case was remanded in 2006 an was suppose to afforded expeditious treatment in the handling of this case since it is so old..

Shortly after that...The VA started changing numbers and re-routing calls to the nearest VARO...

Does anyone have any helpful telephone numbers of anyone to call to put pressure on these folks...DAV has three or four different variations of my case so I can't count on anything one or the other says because they arent consisten with each other.

Any advice would be helpful....

[A Law Against "remand"]

you all are right about the AMC... it's just a loading tank for claims to lay inorder for the BVA to stall you claim. Mine has been in there almost 2 years.

[Amc]

I have had a remand in the AMC since March 2007 for an EED on my TDIU. I also had won an increase on my Back injury wich was 40% increased to 60% and back dated to march of 1993. Thye issue of the EED was tied to the increase for my back on the same appeal. In short. I went to BVA in Oct 2006 and had several medical issues pending befor the

BVA. one was and earlier EED of TDIU which was granted 2004 I appealed that becasue 1994 was the year that I filed for TDIU...but alsdo had an appeal for an increase for my back injury which was 40% at the time... well I got the decisionb in March of 2007 which increased my back from 40% to 60% dated back to 1993. The BVA remanded the claim for EED for my TDIU to the AMC Appeal Management center.

Well I am still waiting on a decision on the EED on the TDIU

I called the AMC Friday and they told me that that my file was sensitive and took my number down and said someone will contact me...

I asked why couldn't he pull up my file/status and he said i must work for the

VA... I told him no I don't...and that I didn't have any family working there either.

The VA still owes me 10 years of back pay becasue my injuries prevented me from working gainful enployment in 1993 not 2004 (which was when i was awarded total TDIU.

Has anyone experienced this and why would they label my file sensitive.

[Lou]

I know your feeling...I had VFW in the Local VARO and they weren't any count at all...I switched to DAV and they are the same... I owe a little bit more befor my lifetime dues are paid...I called the DAV head quarters and told them that I wasn't giving them one more red cent until I got every penny that the VA owes me. and that's just how I feel.

But on your issue itself...I wouldn't care what he said (DAV)I would pursue the issue at hand. And disability has to be evaluated on pain, range of motion and other factors as well. I would argue/ and file for depression becasue all of this is noticably causing you be become irratated over the whole mess...

I was in a similar situation with my claim...I was given some good advice and filed depression as a secondary to my already service connected disabilities and got 50% right off the bat for a mood disorder. Becasue over the years I have developed a bad disposition as to any and all VA VARO staff and others because I have been through the ringer with VA since my injuries. And In the past I have experienced many time when i could do nothing but wait for utility folks to cut off water, electric and other utilities...as well as not being able to feed my family.

But If you feel strongly about your Lou issue then pursue it to the end.

Like my claim for the IU back to 1992 (already 100% but they (VA) paid me from 2004 because they said it was the date of the exam. That's bull because in 1992 is when my disability prohibited me from working gainful employment. And I will appeal it until they give it all to me.

[Appeals Management Center]

I think in any appeal that you have to specifically state what you are appealing. I always waited until I got the retro before I would appeal. and trust me I was never long afer i got the retro payment.

In this case I submitted the claim for IU in 1992 the VA tried to short change me 12 years...which like i said was remanded three times back to the VARO....I was then asked if i wanted a hearing in local VARO here in Huntington, WV or did I want a hearing in Washington, DC. I choose to have them get it out of the VARO and into someone who I thought would make the best decison...here in Huntington, my case I feel has gotten personal with me and the VARO. I think we can all agree that over a period of time those VSO and people on the high end of VA staff starts knowing atleast you and your case... I felt that VARO here in WV wasn't trying to give me a fair shake....because they held it for 3 years and then denied it... then sent it to BVA just to have is sent back in a year for the VARO to sit on it another 2 or 3 years. So that's why decided to have my hearing in Washington, DC. Which was to my favort because they granted the 20%effective feb. 1992 Huntington, WV VARO wouldn't have dmade a favorable decision like the BVA did.

[Appeals Management Center]

Your exacly right Berta... I have vigously appealed all denials that I have ever gotten when it comes to my back, and knees I kept appealing every percentage for my back and knee...starting with the 10% the VA awarded me in 1992 from there it went to 30% to 40% to (60% effective March 2007)

And I have had the TDIU in since Aug 1992 becasue my claim is that my singe back injury kept me from maintaing gainful emplyoment then... not 2004 which they said was the dated of the examination showed proof on IU

And the TDIU has been rmanded 3 times from BVA back to the VARO.

Now that the BVA granted me 20% to my already 40% makes 60% (which is also the max you can get for your a back injury. in the CFR Regulations it stated that if you have ONE service connected disability rated at 60% you shal be rated 100%IU. So that ruling makes it hard for them to deny my IU back to 1992

I still think as long as it has been I would have thought they would have payed me buy now.

But, you're right i have held their feet to the fire since day one and will not give up until I get every penny.

10 years of IU is a good little bit But 7 months counting since i got my BVA decision.

hope I understood you correctly-

I am glad I read this post again because -

Do I understand that they did award 100% TDIU in 2004 but the retro you want is because they had the TDIU claim in 1992?

They are surely determining if the medical evidence warranted retro back to 1992 as long as you continuously NOdded their denials and full prosecuted this claim.

One of my vet friends kept at them for over 20 years and he finally succeeded -mega bucks in retro- he just simply would not give up and I commend you because you wont give up either.

[Appeals Management Center]

The BVA awarded me 20% for my back problem back to 1992. making my back a total of 60% I'm already 100% IU effective Jan 2004 But I put my claim in for IU in 1992. So I'm still fighting for 10 years of retro. Well along with an appeal for my back injury the BVA awarded me the 20% on my back... the BVA sent my case to the AMC for consideration on the other issues...like determining if i should be awarded 100% back to 1992.

I understand that they have to take their time an consider whether or not I'm entitled to 100% paid back to 1992...but I don't understand why I am still waiting on retro for the 20% for my back effective feb 1992. That decision was made in March 2007. I should have been had that payment. it's been 7 months and the Appeals Managemnt Center keeps saying that it is in the final phase of the paper work.

Is this normal to be awarded a claim and take this long to get your retro payment? I got a letter from DAV in Washington, DC in June of this year saying that the DAV has reviewed the most recent decision and i should get a conformation letter soon from the VA> Well... I'm still waiting. I have been waiting 7 months on my retro payment.

Anyone have this problem?

[Amc]

The number is 1-866-258-0341 this is not VARO...it the Appeals management Center in Washington, DC.

Hope this helps

Marvin

How do I contact the Appeals Management Center concerning my issues that

have been remanded from BVA ?

Thanks,

carlie

[Appeals Management Center]

Thanks Pete, the way that I interpreted the DAV letter...because of the Action to increase my back from 40% to 60% back to 1992.... I would think that I've got a better than average chance of getting UI back to 1994... instead of 2004... they cut about 10 years trying to be slick... but I always maintained that I became unemployable in 1993 not 2004. But like I said the DAV letter, said because of the latest action I am awarded 90 combined and benifits at the 100% (I'm already 100% PT) because of the the increase from 40 to 60% from my back...they even went back a year at the Appeals Management Center and awarde effective March of 1992. But I thought they VA would have issued me a retro check for the 20% while they diecide if I am entitled to 100% back to 1992 I have been waiting since march on that.

quote name='Pete53' date='Aug 27 2007, 12:55 PM' post='60425']

Congrats!!!

It usually does not take so long but it should be a sizable check so I am sure that they are going to play their games. I would guess days instead of weeks now.

[Appeals Management Center]

Here is the most recent decision March 20, 2007 of the remand

VARemand3_20_2007.txt

[Appeals Management Center]

here it is....(attached)

VAREMAND.txt

[Appeals Management Center]

Where would i find a Docket number... I use to have it but don't know exaclty how to locat it.

The VA-with an award of TDIU usually uses the date they received the actual 21-8940 TDIU claim to determine the retro date or sometimes they award one year prior to date of receipt of the TDIU claim depending on the medical evidence.

A veteran should never wait for VA to send them the TDIU form because-if the medical evidence supports this type of claim- they will potentially loose considerable retro if they wait for VA to send the form.

I dont get the 1993 part-

the date that VA gave you for the TDIU retro-you appealed that decision-

since this was remanded from the BVA- I assume for that specific issue-

I also assume that the formal claim for TDIU was actually filed in 1993 and you have appealed ever since-

meaning they denied you TDIU and you continued that appeal all this time?

PS -can you give us the Docket number and citation number for that BVA remand?

It is public knowledge and we could read it at the BVA web site and perhaps offer some advise.

[Appeals Management Center]

Hello all, Last time I was on here. The BVA had ruled on 1 out of 4 issues that was before the BVA in Washington, DC. the Judge ruled for an increase from 40% to 60% form my Back injury back to Aug 1993. The dicision was dated march 8, 2007. Well...I havent recieved the back pay from that ruling as of today. "keep this in mind"

I although I already 100% IU P&T effective June 2004. I appealed that decision because I actually put in for IU in Aug of 1993....so I appealed the for an (EED), (eailier effective date)prior to June 2004.

Ok, I'm thinking maybe they are going to decide the whole issue with the IU and just back the 100% TDIU back to 1993 and pay whole entire amount of retro pay. instead of paying me the 20% from Aug 1993 to 2004.

The fact that I felt my back was severe and worthy of the 60% rating back in 1993, like I said that decision was made dated March 8, 2007 by the BVA...again, they remanded the issue of and EED for TDIU to the Appeals Management Center for extra consideration and development.

Well, I got a letter from the DAV in Washington, DC dated June 29, 2007 saying something about they "DAV have reviewed the BVA most recent decision and noted that I was awarded 90% along with Benifits at the 100% tdiu. becasue of the following actions..." It goes on to say the I was awarded and increase to 60% from 40% because of my back injury But the DAV letter said effective march of 1992. and at that time I would have had one service connected disability rated at 60% at that time I didn't have 10% for my knee until I think august 1993.

Before the March 8, 2007 BVA decision I was 80% and being paid at 100% TDIU.

the DAV letter said tha i will be getting a conformation letter from the VA. As of today I haven't recieved any thing or heard anything, but it sounds like I'm getting ready to be paid 100% IU back until 1992 to 2004. I am hoping that I will...that seems to be the only reason as to why I atleast haven't gotten the smaller award of the 20% increase on my back that WAS decided...dated March 8, 2007.

Does anyone know how long it take for a specialist to figure out that kind of back pay and how much red tape it takes to issue a good amout of back pay.

Like I said I got a letter from DAV on June 29, 2007. The appeals Management Center says I has been with an administrative specialist since July 12, 2007...I am still waiting on a letter from VA

Any Suggestions?

I call them everyweek.....

[(amc) Veterans Appeals Management Center]

Hey Pete, That's what I thought, the BVA sent it to the AMC...they in turn send it to the VARO, the VARO held it for about a month, then they sent it back to the AMC for a partial grant because I still have the IU claim pending back to 1993 as well. But before all this I had a timne tracking the claim/file down. for a whole month the AMC said they never had it...then It popped up in at the VARO, abnd like I said they claimed to be working on it for a month, and then they sent it back to the AMC. and they have had it since May 16, 2007. I just wonder it anyone has went thouthg this kind of stalling.

I am not positive but I would guess that the AMC has sent your claim to be finished at your VARO of record. I would suggest that Monday you call them and ask what is up.

Once a decision is made they usually pay you fairly quickly.

Good Luck and welcome to Hadit.

AMC has their own phone number and your VARO is 1 800 827 1000.

[(amc) Veterans Appeals Management Center]

Hello all, I've been waiting on retro pay now since 3/2007 from a decision from BVA in Washington DC. The decision was for IU back to 93. I am 100% IU from 2004. This issue was remanded to the appeals management center. Along with that issue was an appeal for and increase for a back problem that was 40% and earlier effective date, which I was granted 60% back to March 1993. I know that the VA will cut it off at the time I started getting 100%. But y question is Why does it take almost a near 120 days and I still haven't gotten my money.

Has anyone ever went throught this before?

[Already 100% Tdiu With New 60% Increase Added....]

Right now I am 80% being paid 100% TDIU. I first put my claim in for Unemployability in Aug 1993 that's when I stopped working. and went to VA Vocal Rehab for 4 years.

Right now I'm 50% for mood disorder, 40% for Back strain, 10% for incomplete paralasisl left leg and 10% for incomplete paralasis right leg and 10% for right knee.

The current decision will take my back SC disability to 60%.

Back in 1993, i asked for and incress for my back.... I also put my claim in fro IU in aug. of 93.

Back them you had to have atleast one disability rated at 6o% to be considered for IU. Now that I've been awarded 60% all the way back to 93 my claim is still inline for IU in 1993

Hope this makes since...But I figured they would pay retro back until my date of IU which is Jan.

2005 That's still 12 years Does anyone know what that new increase will do to my 80% of course I'm being paid at 100%.

ammawa,

A couple of questions would help me answer yours and maybe expand a little about potential entitlements.

1. When did you become schedularly eligible to receive IU? Was there an increase in compensation that made you initially eligible for the first time in 2005?

2. Were you still working on March 1993? If so, what date did you stop working?

There are a lot of factors here, but you may be entitled to an earlier effective date on your individual unemployability benefit based on your new decision. The primary factors are when you first became schedularly entitled to apply for the benefit, when you stopped working, whether or not VA properly notified you about potential entitlement to unemployability benefits when you became schedularly eligible for the benefit, and lastly...whether or not you filed for consideration of the benefit within one year of when you initially became schedularly eligible for the benefit.

As far as the retroactive benefits you'll receive as a result of the recent decision, you will receive the difference of the service-connected compensation rates from March 1993 until your unemployability benefits were established in 2005. If you have no other service-connected disabilities, you would receive the difference between 40% and 60% for the specified time period. Obviously, this would change if there were other service-connected disabilities which would influence your combined evaluation.

There may be historical rate charts online somewhere that you could use to come up with an estimate of what retroactive benefit you will receive.

Hope this helps :)

[Already 100% Tdiu With New 60% Increase Added....]

Hi all, I got a question: I'm already 100 TDIU, I just got an decision from the Board in DC giving me and increase in my back SC disability from 40% to 60% and the effective date is March 18, 1993.

My question is will the back pay and the fact that I'm drawing 100% anyway... offset in anyway... This is the first time I have actually gotten an increase since being awarded 100% in 2005

[Hearing Before Bva Member]

Why can't you do both, submit a formal briefing (argument) and review it at the hearing or VTC? :D

The formal briefing (hardcopy) would be "for the record". Seems pretty strong evidence to me.... not to be ignored. Verbal stuff can get changed and misrepresented or misinterpreted.... and thats no good. You really need to stick the DRO.... with a hardcopy of your argument. At such a hearing, you need a specific agenda that YOU dictate.... as far as your argument. I feel this is a must. Talking, alone without a formal hardcopy submission, is an invitation to disaster..... like letting the enemy inside the wire !!!! You never want that. Thats an open-door to VA abuse. Stick the VA or they will stick YOU. :D

Thanks Terry i was thinking of doing just that....by summitting a hard copy i know that I won't get chocked up when given a chance to express my opinion.

[Hearing Before Bva Member]

Thanks I appreciated all the advice...

While my husband had a BVA traveling board hearing instead of having to go to DC, I think that the hearings are all the same, regardless of how or where they are held. I posted the experience that we had earlier and have copied that posting below. Hope this might be of some help to you.

Just my 2 cents worth since I have been before two BVA hearings before. These were in person at the VARO office.Try to be as calm as possible. Getting nervous or upset will only cause you to forget important things you want to make sure you get communicated to them. Just remember, they put their pants on the same way you do, so don't feel like you are the little person that someone is looking down on. In fact, we had a female law judge on one hearing and after about a minute, she made us feel like she was there to help us and she made us very comfortable.Take any of your most important evidence with you. If you have certain areas within the document that pertains to what you want them to see, highlight that area so it stands out and the whole document does not have to be read. If they act as though they have not heard of the evidence you may bring up, show your copy to them. This does go a long way. I had to do it several times and did help our claim in the end. Make a time frame sheet as to when things have happened and dates you turned in evidence or additional information to the VARO. If they want to know something specific, you don't want to have to dig through a lot of paperwork to find the answer or say "I don't know" unless you have to. You are alloted a specific amount of time for your appeal hearing, so you want to make sure you get the most for the buck. Make a list of anything that you want to make sure you get conveyed to the law judge. Doesn't have to be detailed, just to jog your memory while you are there so you don't forget anything. Remember, this is your one chance to appeal to the BVA in person and you want to make sure that you have all of your ducks in a row.When speaking to them, make them feel as though you are very knowledgeable about the VA regs, codes and processes. If you have more than one claim on appeal to the BVA that will be heard at this time, take each claim separately and stay with it until you have finished what you have to convey to them. Don't try to talk about more than one claim at the same time. This will only confuse them. Stay with one, finish it, then move on to the next one. I not only took relevant evidence, letters, etc. with me, but I wrote up a letter based on what I wanted to convey to the law judge. In the letter, I even had regs and codes quoted. My words in the letter I kept in black. Any regs or codes that I had in the letter, I put in red. This way I could tell the difference between the two. I myself was a little nervous to start with. I have panic attacks, so I thought this was really going to be rough for me. I asked if I could read from my letter and if they had any questions, they could stop me and we could discuss it. They said it was no problem. When I read the letter, I took my time and tried to speak as plain as I could because all of this was being recorded and I wanted to make sure there was no miscommunication in the tape being transcribed. I even sometimes spelled out things which I though might be misrepresented when someone tried to type up the transcript from the tape.You know why you have appealed your claim. Now, be ready to sit there and explain to them the very best you can why you feel your claim should not be denied. Be ready to show them the evidence you have which you feel contradicts the denial from the VARO.While they do have your C-file there with them, if you can readily access your files for any information which they may seem to be concerned with, it would be better for you to say "I have it right here for you" vs. the law judge trying to flip through your c-file to try and find it themselves. If they need a copy of anything you have, they will get someone to make a copy for them.Again, try and be as well prepared for the hearing as possible in order to be able to get your points across to the law judge. Don't ramble on about things. Get the important facts on the table and move on to something else. Don't get them bored right off and then not want to listen to anything else you have to say. Try to keep their attention as much as possible.These are some of the things I did and every claim that was before the BVA was approved, so I must have done something right or it was my lucky day.Good luck and I wish you the best of luck. Just spend some time on getting yourself prepared and try to stay as calm as possible. I am sure things will work our positive for you.

mssoup1