Appeals Management Center

[ammawa]

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?

[entropent]

Someone who is familar with the situation, please answer this question, if possible. If a vet receives a denial on secondary conditions to a claim with instruction to submit a form 9 for appeal if wanted and in that same legal documents of denial the decision states that you service-connected condition on _____ wil be addressed in a separte issue. What if the vet appeals before they get the decision letter or the money on the SC that is to be decided in the separte issue. Would the VA consider the vet to be appealing all contained in the ruling? Not a question that I know the answer to and would like to know it, because I have the same situation where secondary conditions have been denied and hinted at a least, if not a proclaimation made on being granted SC in another area in the same document. If the vet appeals to the Regional within the sixty day time frame, are they appealing everything contained in the document, including the granted part not yet received. Someone without a lawyer would have trouble wording the appeal in a legal fashion to prevent appealing also the possible granted SC before it was decided and awarded on the separate issue. Since the condition or percentage would be decided in a separate issue and the vet had not received the ruling in the mail it, could be considered to be appealed. I am awaiting a letter as we speak on a SC stating a separate issue would be addressed in a separate issue. I may be wrong, but I feel it would dangerous to appeal anything until I receive the SC and the ruling on the separate issue. Are they dragging their feet until my sixty days has expired and I would be forced to appeal to Washington within a the 1 year time limit or possible expecting me to appeal so they can consider all the conditions again and yet another waiting period? Comments please.

you MUST file a form 9 within the specified time period, DO NOT wait until you hear about the remaining issue. you can clarify the issues on appeal at any time after that by simply withdrawing from appeal any issue you are satisfied with. but VA will NOT grant you additional time to file the form 9, they WILL close out your appeal. when the appeal is closed out at the regional office, it does not remain on appeal to washington. i am puzzled by your reference to a one year time limit to washington. you do not have a separate appeal period to washington. get your form 9 in ASAP.