Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

How Long After Bva Made A Decision.........?

Rate this question


iraqx2

Question

Hello good people ! Its been an amazing ride which may come to a happy conclusion. This could have been left in the the Success Section but the final step is not there yet.

Guys, I have been disputing with the VA for years about an effective date that they goofed up on. Appeals and appeals, it finally went to the BVA and I got the brown enveloped yesterday.

I am a nervous and paranoida wrecked right now. The BVA granted the case in my favor. THIS IS HUGE !!!

I just need to know how long will they process my retro and to WEED OUT any possible monkey wrenches. The issue is simple, I disagree with an effective date and BVA agree with me, no other issues with disabilities and such.

So I am assuming that BVA sends their decision and my file back to my VARO? And from there, they would calculate the payment ( if any, fingers cross )?

I'll post another thread soon. I can't stress enough how important to be on top of your claims and never give up. The most deadly tool we have in our arsenal is the power to appeal. I'd always believe they were wrong and never never never gave up because the truth shall come someday.

Thank you so much !

Link to comment
Share on other sites

Recommended Posts

I just need to know how long will they process my retro and to WEED OUT any possible monkey wrenches. The issue is simple, I disagree with an effective date and BVA agree with me, no other issues with disabilities and such.

Congrats.

There are no time frames.

Carlie passed away in November 2015 she is missed.

Link to comment
Share on other sites

I had a BVA case granted on May 7 2009 by the BVA.

I received the VARO award letter on May 12 2009.

The reason that came fast is that VA forgot they owed me a high 5 figure retro FTCA offset.

After months of another royal battle with VA ,the OGC finally sent them the same regulation I had sent them, regarding the offset and ordered the RO to pay me.

Then in spite of getting a letter at that point from my VARO in early Feb 2010 to take to my bank to tell them to anticipate receiving this payment via an electronic fund transfer, within days, the bank had not heard any further over a week later.

I finally received the retro by check, in my mailbox ,covered with snow, as wind had blown the door open, on February 16 2010.

I dont think my experience on these time frames or anyone else's can be relevant to knowing when any award letter will come.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

Thanks Folks. That's the " Monkey Wrench " I was fearing. Bertha, wow... it took that long?

You would think that in my case, it should not take long, pretty clean cut.

But the most important thing I just realize from what you guys are saying ....... The BVA decision letter ( The Order ) and a decision letter granting the retro from VARO are TWO separate things.!?

Oh no. I was too accustomed to the decision and deposit within days.

Regards

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
    • Sparklinger earned a badge
      First Post
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use