Bva Grant/ro Phone Call

deanbrt · July 11, 2012

I received a call from a coach at my RO this afternoon and would appreciate some input on it. It is in relation to my BVA grant from April 4 of this year. Since then I have periodically pursued steps to find out when it would be processed through every avenue I could find without success. The other day I called a dept. in Washington that seems to have had an affect.

The phone call was from a coach at my VARO. She asked if I had been in contact with that VA DC dept and my congressman (Senator, actually). I said yes. She was apologetic for the delay in processing my BVA grant and stated she had found my file on the floor and a rating for the grant should be completed within the next 10 days.

She indicated part of the delay was due to the fact I had an appeal for IU in process and a new claim for peripheral neuropathy and carpal tunnel and they liked to process all of them them together. Also that they needed they needed the results of the new C&P exams for MDD and general exam from June 13.

I was very appreciative of the call and did not want to challenge anything. I did inquire relative to bundling the issues together if there were a FAST letter that dealt with that. I also noted I had listed the neuropathy and carpal tunnel as additional evidence for the IU appeal and never asked that they be new claims. But she was very cordial and I was very appreciative of the call and time frame commitment.

Several things bothered me. Is it not fair of me that FAST letter 10-02 should have meant the other issues should have had no bearing on the processing of my BVA grant?

For the IU appeal I waived DRO review in early February and requested traditional BVA. Why was it still at the VARO? I waived all rights to the RO reviewing new evidence at the same time.

She noted I had a C&P for MDD and then general medical exam June 13. I did have two C&Ps done that day. One was for MDD but the other was for my already service connected legs. Given the fact I am 64 and the condition has been static since 2004 it seems VA regulations should have not mandated it. I have attached the results of that particular exam. Does that look like a general medical exam to you?

Is it unfair of me to think that despite FAST 10-02 for BVA appeal processing they made my additional evidence of neuropathy and carpal tunnel for the IU appeal into new claims and then bundled them together to put me in purgatory for a couple of more years? Or am I being paranoid?

ketchup56 · July 12, 2012

You did the right thing dean. They know very well that awards from bva are to be rated separate from any other open claims. Why did you waive consideration on the iu claim? Unless your'e 60 or 70% bva will just deny for that reason. If your recent award bought you to the 60 or 70% and you already had all your c&p exams they COULD adjudicate the iu claim now, and be done with it, but who knows. The iu claim stayed at varo just as they said to bundle all claims together. IU claims are NOT freestanding claims but are claims for INCREASE so should be adjudicated as such. Now that they have everything i see no reason for them to NOT finish all your claims within the next 10 days.

carlie · July 12, 2012

Is it unfair of me to think that despite FAST 10-02 for BVA appeal processing they made my additional evidence of neuropathy and carpal tunnel for the IU appeal into new claims and then bundled them together to put me in purgatory for a couple of more years? Or am I being paranoid?

Damnit - your VARO needs to go ahead and finish processing whatever the BVA granted

and provide compensation for that accordingly - NOW

and then continue their work to adjudicate the remaining issues.

The compensation you should be getting due to the BVA grant is a property right

(as is all compensation) and they need to quit the damned stalling BS and pay

the cash.

Claimants shouldn't have to keep on waiting and waiting for benefits that have been granted !

deanbrt · July 12, 2012

Ketchup, I did not waive consideration on the IU appeal. I declined DRO review of it at the VARO and my right to the RO reviewing new evidence before sending to BVA to get it to BVA faster. they still sat on it. thanks for the kind wordsa, Carlie. :)

ketchup56 · July 12, 2012

Ketchup, I did not waive consideration on the IU appeal. I declined DRO review of it at the VARO and my right to the RO reviewing new evidence before sending to BVA to get it to BVA faster. they still sat on it. thanks for the kind wordsa, Carlie. :)

Okay, i understand your intent better now, let's hope they go ahead and finish everything NOW and even if the iu is denied it should go directly to bva. If that happens the next task to deal with these people would be getting it CERITFIED and actually sent to bva after i-9 is filed. We both have used this tactic before and it works. Keep us posted and GOOD JOB brother.

Reddit · July 12, 2012

who did you contact in D.C.

deanbrt · July 12, 2012

I have to give that some thought in answering, Reddit. I guess it is not that well known a number and I don't want to be the one that might open up a flood gate of calls.

It really bothers me that FAST letter 10-02 should exist and be told that yesterday thaat my BVA award had bundled with new claims.