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emptyshell

Question Regarding Bva Grant

Question

In Nov. 2010 BVA gave me a full grant for PTSD, also granted no more than 10% Radiculipathy.

They remanded my claim for Pain/Mood disorder and denied a claim for an increase for Lumbar fractures L2L3. Was told my claim is back at RO and is in open staus.

1. I called the 800 number to find out if my BVA grants have been sent to the raters. I was told by the 800 rep that the RO WILL NOT give me a decision and grant me benefits for the PTSD nor the Radiculipathy until they get this Pain/Mood disorder remand finished. I was wondering if she was right or again I am getting false info. from these people.

2. I also have a TDIU open claim...she said that since my remand is still in affect and because I just recently opened and initial claim on my neck...that the RO WILL NOT make a decision on my TDIU till ALL Claims ARE FINAL.

3. I also aked how to submit paperwork to show that on an award I received in May 2010 was effective on the wrong date. I have the initial claim opened 9 months earlier than what they awarded me. She told me that if it was after a year of being awarded...that you cannot have them go back and change their mistake on the effective date. Even if you have an had an initial claim on record. She also stated that if I sent them evidence to back up my argument for the right effective date for my award...that they will not pay me back monies until they get these other issues finalized. If I was already awarded this claim in 2010...why cant they go back and change their mistake if I prove I was right? This issue was placed on remand by the BVA but this is an award that they already allowed and paid me(just wrong effective date)

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3 answers to this question

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Read the fast letter here regarding Implementing partial BVA grants in the Fast letter forum.

If it applies to you send it to them and ask them to use it to support the retro you already won.

"I was told by the 800 rep that the RO WILL NOT give me a decision and grant me benefits for the PTSD nor the Radiculipathy until they get this Pain/Mood disorder remand finished. I was wondering if she was right or again I am getting false info. from these people."

I assume the VA is going to lump the PTSD with the MDD for the proper rating but I assume the PTSD is the primary condition and they culd be stalling the retro for the PTSD if it will include the MDD anyhow.

I helped a vet recently (not here) by sending him this fast letter to send to his VARO. He sure got his money from his partial BVA award while they worked on the rest.It didnt take to long with the fast letter. He then got a mega retro 2 weeks because they finished the rest of remand (almost)

"I also have a TDIU open claim...she said that since my remand is still in affect and because I just recently opened and initial claim on my neck...that the RO WILL NOT make a decision on my TDIU till ALL Claims ARE FINAL."

I feel TDIU claims are the easiest for the VA to handle. A VA employee on another site agreed with me.It is possible she is right due to your specific claims situation, then again maybe she is wrong.

Was the TDIU claims filed after the other stuff?

. "I also aked how to submit paperwork to show that on an award I received in May 2010 was effective on the wrong date. I have the initial claim opened 9 months earlier than what they awarded me. She told me that if it was after a year of being awarded...that you cannot have them go back and change their mistake on the effective date. Even if you have an had an initial claim on record. She also stated that if I sent them evidence to back up my argument for the right effective date for my award...that they will not pay me back monies until they get these other issues finalized. If I was already awarded this claim in 2010...why cant they go back and change their mistake if I prove I was right? This issue was placed on remand by the BVA but this is an award that they already allowed and paid me(just wrong effective date)"

If they erred in the EED within the year after decision, you can ask them to CUE themselves on the EED.

If they erred on the EED after the appellate year expired and the claim is consideered final -you can file a CUE claim against the final decision.

. I also aked how to submit paperwork to show that on an award I received in May 2010 was effective on the wrong date. I have the initial claim opened 9 months earlier than what they awarded me. She told me that if it was after a year of being awarded...that you cannot have them go back and change their mistake on the effective date. Even if you have an had an initial claim on record. She also stated that if I sent them evidence to back up my argument for the right effective date for my award...that they will not pay me back monies until they get these other issues finalized. If I was already awarded this claim in 2010...why cant they go back and change their mistake if I prove I was right? This issue was placed on remand by the BVA but this is an award that they already allowed and paid me(just wrong effective date)

"why cant they go back and change their mistake if I prove I was right?"

They will if you are right but then again, they might well want to finish the TDIU claim first.

Please read that fast letter and if you feel it applies to you (which I cannot determine here if it really does)whip a copy of it off to them and ask for your retro under the awarded and remanded PTSD claim.

It sure worked for my friend in Buffalo.

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In Nov. 2010 BVA gave me a full grant for PTSD, also granted no more than 10% Radiculipathy.

They remanded my claim for Pain/Mood disorder and denied a claim for an increase for Lumbar fractures L2L3. Was told my claim is back at RO and is in open staus.

1. I called the 800 number to find out if my BVA grants have been sent to the raters. I was told by the 800 rep that the RO WILL NOT give me a decision and grant me benefits for the PTSD nor the Radiculipathy until they get this Pain/Mood disorder remand finished. I was wondering if she was right or again I am getting false info. from these people.

empty,

Berta is right find that fast letter and quote it to your RO in writing.

The RO is to FIRST, implement the issues the BVA has granted - that usually means the RO has to expeditiously (ha - ha) order

a C&P exam for the issue/s the BVA granted as SC'd, to gage the current level of disability used to assign a percentage level

AND go thru all of the paperwork to be able to assign a correct effective date.

In your case they need to do this only for the PTSD as the BVA has already assigned you a max of 10 percent for the Radiculipathy (sp),

so on the Radiculipathy the RO only has to figure the effective date.

Secondly, they are to process all of the above.

After that is completed THEN they are to follow the remand instructions regarding other issues.

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Thanks Carlie and Berta,

Then it is my understanding that the Radiculpathy of 10% that was granted by BVA should be awarded without delay from the RO. I found the fast letter and will submit it to the RO

I understand the PTSD issue as a full grant from BVA could be held up for rating due to the remanded Pain/Mood disorder. The PTSD was granted from a 2009 C&P exam as well as the pain/mood disorder. RO stated the PTSD was unprovable to service connection. BVA of course say it as service connected. My understanding is that BVA remanded the pain/mood disorder back to RO because we filed a timely NOD regarding the 30% rating.

Do you think that they will send me back again to a C&P exam to re-rate me for a percentage for both the Pain/mood disorder as well as PTSD?

Yeah..the PTSD would be the primary. I was claiming for PTSD...have been treated at the VA for PTSD since early 2000...The C&P exam states PTSD...but RO gives me pain/mood disorder...go figure 30%

I looked at the criteria and even with pain/mood disorder..it should have been rated higher.

I opened up my TDIU claim just prior my claim going to BVA Sept.2010. I just filed a initial claim for Cervical injury and migraines secondary. I have been treated for migraines since 2001. Headaches are reported to have started in the service after auto accident. They never examined my neck in the service just my back. But as time went on as I got older...the headaches became worse and now my neck just stiff and sore all the time. They xrayed at the hospital and found old damage. I have advanced arthriits in my shoulders. This claim.. due to be newly filed will take some time before I ever get a decision. Just never thought they would tie up my TDIU claim. If I had known that I might have waited till they decided on my TDIU claim first. But maybe it will help in the long run.

Good Afternoon

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