It seems the VBA has been holding off on paying "partial favorable findings" from the Board of Veterans' Appeals (BVA) for 120 days.
The 120 days is the time to appeal a decision.
But, who in their right mind would appeal a favorable decision?
This was just the VBA's way of holding on to veterans' money for an extra four months.
Now, that has been corrected.
The text of FL 10-02 appears below.
-------------------------
January 6, 2010
Director (00/21) In Reply Refer To: 211B
All VA Regional Offices and Centers Fast Letter 10-02
SUBJ: Implementation of Board of Veterans’ Appeals Decisions
Purpose
This 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.
Background
It 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.
Procedures
Complete Grants and Partial Awards
ROs 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.
Denials
Denials 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.
Questions
Questions concerning this fast letter should be e-mailed to VAVBAWAS/CO/21FL.
Question
gpech
NEW VA RULING WILL END DELAYS IN PAYING PARTIAL GRANTS VBA's Regional Offices had been delaying payment of partial grants for 120 days.
by Larry Scott, VA Watchdog dot Org
-------------------------
On January 6, 2010 the Veterans' Benefits Administration (VBA) issued Fast Letter (FL) 10-02.
The document is available for viewing or download here.
It seems the VBA has been holding off on paying "partial favorable findings" from the Board of Veterans' Appeals (BVA) for 120 days.
The 120 days is the time to appeal a decision.
But, who in their right mind would appeal a favorable decision?
This was just the VBA's way of holding on to veterans' money for an extra four months.
Now, that has been corrected.
The text of FL 10-02 appears below.
-------------------------
January 6, 2010
Director (00/21) In Reply Refer To: 211B
All VA Regional Offices and Centers Fast Letter 10-02
SUBJ: Implementation of Board of Veterans’ Appeals Decisions
Purpose
This 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.
Background
It 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.
Procedures
Complete Grants and Partial Awards
ROs 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.
Denials
Denials 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.
Questions
Questions concerning this fast letter should be e-mailed to VAVBAWAS/CO/21FL.
/S/
Bradley G. Mayes
Director
Compensation & Pension Service
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