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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Guest RJMacReady

Appeals Claim Remanded, One Injury Granted, How Long For A Rating?

Question

Guest RJMacReady

I have been fighting with the VA for 15 years for my claims and after all this time, exams, denials and appeals, my claims have been remanded back to the AMC by the VBA because they were apparently mishandled and incorrectly denied and I even received an apology letter from the VA somewhat recently, woo hoo!(that really meant alot)[roll eyes].

One claim was finally granted about 3 months ago and is at the rating board awaiting a rating decision, what kind of time frame am I now looking at for a rating decision, not sure how long this remanded appeals claim will take though?

Thanks.

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5 answers to this question

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I'd say anywhere from 8 - 24 months.

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Guest RJMacReady

Wow just to get rated, that's not good, geez guess I am waiting some more, oh well figures... However Thank you for the info, its just really disappointing is all as you know. Instead of Veterans Affairs it should be Waiting Affairs as that seems to be all that we do is wait for everything and usually just to find out that they have once again denied you even though it is documented and obviously service connected. I suppose even though one of the injuries has been granted that they may still be able to deny it and or rate it at 0%; bunch of damn weasels anyway.

Thanks.

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"One claim was finally granted about 3 months ago"

The VA was withholding monetary awards on many awarded claims that had additional remanded issues and a CAVC decision about 2 years ago prevented them from doing that anymore.

I cannot REMEMBER the decision but will try to find it for you.I think the vet's name started with "S" and I also think Doug Rosinski was the attorney on the brief-

I posted it all here when the decision was made by CAVC but without the name I cant find it-----yet--------

anyone remember it?

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Berta,

Is this what you're thinking of ?

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

Washington, D.C. 20420

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.

Page 2

Director (00/21)

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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YES_ THANK YOU CARLIE!!!!!!

I thought this stemmed from a CAVC decision and searched for hours to find it!!!!!!DUH!!!!!!!!!

I will copy this off and save it-----and am glad this topic cropped up here-

This is an Important Fast Letter for everyone to keep in mind.

Thank you SO MUCH!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

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