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14 Questions about Veterans Disability Compensation Benefits Claims 

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 when it comes to filing VA Disability Claims.









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Franks

How Much Longer After My C&p Exam?

Question

How long after my C&P exam (June 6,7) will I have to wait longer to be rated and compensated? The exams are for my remands, not my granted claim, which was granted on Feb 8, 2011. Thanks

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9 answers to this question

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I have been told about 60-180 days. I have read different post. Some get in a month and others have been waiting longer then 180days. Bottom line who knows, but your close to the finish line! I just had my c&p may 9th. I am obviously still waiting. We are almost there! Hope your c&p goes well and you get it rated sooner rather then later.

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My C&P was in Nov 2010, went to rating board Dec 2010, still waiting 31 May 2011. Hope to hear something by 2012!

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It depends on how busy the RO is, and as for a rating & compensation, it will depend on what the C&P shows and how the rater interprets it. Since they're remands, the RO will make a decision, which you'll get a copy of and then it'll go back to the BVA and they'll get to it when they get to it, altho it's supposed to be expedited. Not to dampen your party but it could take 3-5 yrs, or even more. Best view would be 6-9 months, after the C&P exam, but I think that's highly unlikely. jmo

pr

How long after my C&P exam (June 6,7) will I have to wait longer to be rated and compensated? The exams are for my remands, not my granted claim, which was granted on Feb 8, 2011. Thanks

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I have had three C&Ps since Oct 2010. One a General physical and a re-evaluation of PTSD in Oct 2010. In late March or early April 2011, I had another C&P for Parkinson's. I check ebenefits once a week, and it has always been the same "developmental". It is very frustrating sometimes, but then I'm very thankful that I do have the love and support of my family. I honestly do not understand how some Veterans hold on waiting for the VA to settle their claims. I pray each night for them.

Papa

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Yes, I can understand the remands taking 3 to 10 months or longer, hopefully not that long cross my fingers. But, I have been granted a claim that I have been fighting for, for 8 years now. I think it borders on criminality to have to wait until my remands are complete, which can take years to complete. This is what pisses me off the most. It really does to my core.

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Yes, I can understand the remands taking 3 to 10 months or longer, hopefully not that long cross my fingers. But, I have been granted a claim that I have been fighting for, for 8 years now. I think it borders on criminality to have to wait until my remands are complete, which can take years to complete. This is what pisses me off the most. It really does to my core.

franks,

If the BVA granted a "partial" portion of your appeal then they should implement that portion before working the remands. There is a "FastLetter" dated Jan., 6 2010 that states they need to implement the granted BVA portion "first" and then work the appeals. I have copied and pasted (below) this letter for your reference. You "may" want to refer to this letter and asked them to implement the favorable portion.

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 forimplementation of Board of Veterans’ Appeals Decisions. The instructionsprovided 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 theCompensation and Pension Service that there is inconsistent processing ofclaims 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 forVeterans 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.

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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