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win

What Happened To The Money

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I have my case before the Appeal Management Center. It was sent there by the Board of Veterans appeal. In the copy of the appeal sent to me by the Board of Veterans Appeal it states: " In November of 1998, the Board remanded the matter to the RO for additional development. After accomplishing this requested development, the RO assigned a 20% evaluation for the veterans service- connected condition. In June 2004 decision, the Board denied the increased rating for this condition. " { I didn't identify the condition} I was receiving a 10% compensation for this condition at that time. This is the first time I was informed about this matter. Since I never received the money from the VA, what happened to prevent me from receiving the money. Shouldn't i have received this increase compensation from 10% to 20%. How do I go about getting this money for that period.

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Looks like the VA dropped the ball. You should not have to much of a problem getting it I would suspect but like all claims you have to ask for it.

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In November of 1998, the Board remanded the matter to the RO for additional development. After accomplishing this requested development, the RO assigned a 20% evaluation for the veterans service- connected condition. In June 2004 decision, the Board denied the increased rating for this condition.

With just a first look this is kinda confusing :lol: Was this 2004 claim another request for increase (beyond the 20 percent)? Or was it that you did not know that a 20 percent rating was assigned and you were attempting to increase a 10 percent rating in today's timeframe?

IF, notice I said if, the RO truly increased the rating in 1998 then they owe you the 10 percent difference from the date of award until today. I would simply write a letter to the RO and tell them that the BVA indicated that they increased the rating to 20 percent effective_____, However, they did not pay you this increased benefit. Therefore, you are now seeking the backpayment for funds not paid in the amount of (do a little figuring and plug in the amount)and pay you at the correct rate from this date on.

This will cause a review of your file/claim. If they owe it they will pay.

Did you not ever receive a decision on this 1998 appeal? You should have received two pieces of paper - an award letter/SOC from the RO and a letter from the BVA telling you that the RO had made the award, therefore there was nothing to appeal or (if the disability has a higher rating that 20 percent in CFR 38)a BVA decison letter letting you know that they agreed/disagreed witht the RO decision and they were keeping the rating at 20 percent or raising it to xxxxx depending on the evidence.

Very strange I must say.

Edited by Ricky

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I appreciate the information sent me and I will send a request to the New York Regional Office for the compensationed that is owed me. What I find ver strange is that I heard nothing about my case untill I had received the letter about my appeal from the Board of Veterans Appeal on January 29, 2008. In that document I read that in November 1998 my case was remanded to the RO and my compensation was increased from 10 to 20%. In June 2004 decision the Board denied the increas rating. Evidently they forgot to notify me in this matter. I will send a letter to the RO requesting this money. I will also request my C file. :lol:

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Win:

Good for you. Good Luck

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