HadIt.com Elder Testvet Posted August 4, 2010 HadIt.com Elder Share Posted August 4, 2010 I got my award letter from BVA on April 7 2009 I got the award letter and back pay the first week of June 2009 so it took about 3 months if the BVA Judge did not specify a specific rating then the VARO can still low ball the award if there is any possibility of it even though the Social Security found me to be disabled and granted my SSD on VA records alone the VA used the same records and awarded me 60% so go figure they do what they want since I am 100% for PTSD SMC S does not matter if you get a 60% rating or 100% rating they will only award one SMC S award........ congrats on winning Link to comment Share on other sites More sharing options...
VetsLady Posted August 4, 2010 Author Share Posted August 4, 2010 Thanks for the responses......YES, it's been a very long and arduous battle. 8 years worth. SSD was granted over 2 years ago on the 1st application in.....there were 4 disabling factors but SSA only needs 1 for a determination. The issue that was on appeal with the VA was listed but the SSA used another, they just chose it rather than the other 3 even tho the other 3 were just as disabling. All the medrecs that were given to SSA were also sent to the VA except the VA has much more up to date medrecs. At any rate, a TDIU claim was filed a couple years ago and denied because even the issue on appeal was not what the SSA used for their decision. Would rather work towards 100% P&T than re-open the TDIU claim. If I understand you correctly, if the Judge didn't state a % in the decision, then the VARO is going to do the rating ? Regional Office review was waived - would that not allow the BVA to actually do a rating ? Big relief on receiving the sc ...... as you said Gardner, that is the "hard part" ..... I got my award letter from BVA on April 7 2009 I got the award letter and back pay the first week of June 2009 so it took about 3 months if the BVA Judge did not specify a specific rating then the VARO can still low ball the award if there is any possibility of it even though the Social Security found me to be disabled and granted my SSD on VA records alone the VA used the same records and awarded me 60% so go figure they do what they want since I am 100% for PTSD SMC S does not matter if you get a 60% rating or 100% rating they will only award one SMC S award........ congrats on winning Link to comment Share on other sites More sharing options...
Gardener Posted August 4, 2010 Share Posted August 4, 2010 VetsLady, Yes, if the BVA did not specify a percentage (but only granted service connection: which was the issue before the BVA I presume) then the VARO is left to assign the percentage. Although you signed a waiver the BVA was only deciding if to service connect it or not. Once the BVA connects the disability then it is sent back to your VARO to assign the percentage. Good luck and keep us informed. What is your husband's current rating (before the new service connection of course since you do not know the percentage that will be assigned)? Gardener Link to comment Share on other sites More sharing options...
VetsLady Posted August 4, 2010 Author Share Posted August 4, 2010 (edited) Thanks for the additional info. He is currently 70% VetsLady, Yes, if the BVA did not specify a percentage (but only granted service connection: which was the issue before the BVA I presume) then the VARO is left to assign the percentage. Although you signed a waiver the BVA was only deciding if to service connect it or not. Once the BVA connects the disability then it is sent back to your VARO to assign the percentage. Good luck and keep us informed. What is your husband's current rating (before the new service connection of course since you do not know the percentage that will be assigned)? Gardener Edited August 4, 2010 by VetsLady Link to comment Share on other sites More sharing options...
Gardener Posted August 4, 2010 Share Posted August 4, 2010 Make sure to let us know how the rating portion goes. Read up on the rating criteria for the different percentages (ie: 0, 10, 30, et cetera) to see where he fits in. Good luck to your husband, and again, tell him congrats on the favorable BVA decision (I hear that only about 20% of BVA decisions come back favorable: the rest are either denied or remanded). Gardener Link to comment Share on other sites More sharing options...
VetsLady Posted August 4, 2010 Author Share Posted August 4, 2010 Thanks Gardner.... I know the schedule like the back of my hand, he fits into 100% for certain with all the medrecs and opinions backing it up.....so we'll see where he ends up. Will post it when we find out. Still dazed the decision finally came. Felt pretty strong about his claim all along ... but until it comes down to the final, you never know. Very happy we got it and hopeful we won't have a long wait for a rating and hopeful the rater will be fair. Make sure to let us know how the rating portion goes. Read up on the rating criteria for the different percentages (ie: 0, 10, 30, et cetera) to see where he fits in. Good luck to your husband, and again, tell him congrats on the favorable BVA decision (I hear that only about 20% of BVA decisions come back favorable: the rest are either denied or remanded). Gardener Link to comment Share on other sites More sharing options...
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