NJBB62 Posted February 8, 2012 Share Posted February 8, 2012 Congrats on the win and thank you for assisting brother and sister Vets! NJ Link to comment Share on other sites More sharing options...
Troy Spurlock Posted February 10, 2012 Author Share Posted February 10, 2012 Carlie, the BVA ruling in favor of the veteran I helped mentioned not of the effective date or percentage; and I surmise they did not because we were focused on proving the RO wrong in their denials based on a lack of new and material evidence and no CUE. The BVA agrees with my argument, reversing the reasons the RO denied the vet, said there was CUE and evidence to reopen and consider the case. Berta, Some of the BVA cases I cited in my SOC were cases of vets winning cases at the BVA level within the past 15 years for chloracne due to AO on less evidence than what we had presented. Though we argues chloracne, the BVA did a round about and focused on te veteran's entrance exam noting acne vulgaris with boils, and the AO aggravated that assumed pre-existing condition and granted SC for that akin disorder. So while we didn't win specifically on the chloracne, they still granted SC on the fact that whatever skin condition he has, he has it given the insurmountable evidence presented, and it was aggravated in service. Either way, we win. However, the RO sent him a letter today saying they got the BVA rating, but it will take some time to respond with a % rating due to their backlog of processi other claims. So I will be writing a strong worded letter that that is unacceptable and unjust to continue dragging out his claim. They lost and it won't take them but a matter of a few hours to rate and process the SC condition and close his case on the matter (and CC his Congressman too). Others...thanks for the thanks. I have two other Vietnam vets vein referred to me this weekend to see what I can do to help them out. I see myself getting busy... =) Link to comment Share on other sites More sharing options...
mysticcherokee usn vet Posted February 10, 2012 Share Posted February 10, 2012 Chickaboom and a WOO HOO HOOOOOOOO! YOU R A RIGHTEOUS DUDE!!!! Congradulations!!!!! Mystic Link to comment Share on other sites More sharing options...
carlie Posted February 10, 2012 Share Posted February 10, 2012 Troy, Hey buddy - you helped get the claim granted and that's all that counts - doesn't matter if it's granted due to aggravation or benefit of the doubt being applied, etc. . . Bottom line is it got granted and that is success ! In regards to : "the RO sent him a letter today saying they got the BVA rating, but it will take some time to respond with a % rating due to their backlog of processi other claims." What a bunch of crap - I'm surprised that they put this in writing. The fast letter below should be included in your letter to them - it will help hold their feet to the fire on this issue. Hope this helps a vet. 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 Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted February 10, 2012 HadIt.com Elder Share Posted February 10, 2012 Troy thanks for helping another Veteran Link to comment Share on other sites More sharing options...
Troy Spurlock Posted February 11, 2012 Author Share Posted February 11, 2012 Carlie, thanks for that letter!!! I'm sure it will prove most beneficial!!! =) Again, thanks! You and others here are a wealth of information; and working together in sharing info like this only helps the rest of us helping others. TS Link to comment Share on other sites More sharing options...
Recommended Posts