Partial Grant Partial Remand

[broncovet]

I have received a BVA decision that is partly remanded, and partly awarded, for seperate issues.

My question is, do you think they will process the "award" part right away, or will I have to wait to get my retro until the remand is completed. The remand could take months or years to resolve, and since its a seperate issue, I am hoping they will pay me the "award" portion (retro).

Has anyone had a partial award partial remand, and did they pay you right away and then take care of the remanded issue or did you have to wait forever?

[broncovet]

I will add that sometimes I think the RO thinks we cant read their decisions..we will get some money, be happy, and eventually throw the RO decision away. I READ mine, and if I dont understand something, I look it up, or ask hadit for help.

[Berta]

I fully agree with you that a claimant should send any additional evidence (or evidence the VARO got but failed to even mention in the SOC) directly to the BVA, when the claim is docketed there.

Also, I mentioned this before but it pays to say it again-if you are on a BVA remand, try to follow the remand yourself =what I mean is if the claim was remanded for some specific records, try to get them yourself and send to the BVA.

If the claim was remanded for an additional VA medical opinion ,that is the time to really consider if you need to obtain an IMO.,if you don't have one already. And youdont have much time left to do that on remand.

If one C & P exam already went against the claim and another one was ordered for some reason by BVA ,there is the chance that the second one might be worse then the first one and they will deny the claim again.

A friend of mine was remanded for some DOD info and I found an email addy and phone number for the exact DOD person who would most surely fulfill the DOD request from the VA and I strongly suggested he use that contact info to try to get this info from DOD himself. I dont think he did.I dont even think the RO did. . If they didnt request this info,and the claim is returned to the BVA, the BVA will probably remand the claim again as I have noticed they have done many times , when the VARO fails to obtain what the remand requested.

Once BVA makes a decision, if it has to be appealed to the US CAVC, the time for more evidence is over.

The CAVC only looks for errors in the BVA decision and will not consider any last minute evidence.

In a case like that, best to have an attorney who can argue for a joint remand from the CAVC, to open the door for more evidence to come in , at the RO level.

[broncovet]

Good advice, Berta, and No, I did not realize we need to "stay on top" of a remand. However, it makes great sense. If the VARO "blows" it on the initial decision they can certainly "blow" it on the remand as well.

Maybe because this is my first remand.

In my decision they awarded 10 months eed (retro) on a "facts found" basis..citing a medical exam that they pointed to as evidence that an increase occurred.

Im still appealing (or MFR, or both) it, but I have not yet figured out how to refute their "facts found". I know the effective date is the later of the date of claim or facts found, that is, when it is factually ascertainable that the disability occurred. This usually means the date of the C and P exam.

This is crap, and the VA knows it. This suggests you applied for, oh say, benefits for a scar. The doc does a c and p, and, sure enough he says you have a (ratable) scar. The RO awards benefits to the "facts found", the date of the c and p exam. Wait a minute! Did you get that scar in the C and P docs office? I dont think so. You had that scar when you applied 4 years earlier, but the VA xxxxx footed around and never got a C and P exam until 4 years later. Then the VA says..ok the doc said on 2/14/12 it is factually ascertainable you have a scar.

Part of this is the docs fault. He often does not ask you, "When did you get this scar"?

Oh, gee, doc this is a GSW from Vietnam. Ok..this looks like a GSW to me, so I will put in your record that the scar is from 1978, when your records show you were shot in VN. No. He does not do that. He writes instead that as of 2/14/12 the Veteran has a scar that meets VA guidelines as compensable.

[broncovet]

Back to the effective date as "facts found", which I need to refute, I guess the clear answer is to submit more evidence showing another (earlier) docs opinion that the malady got worse 4 years before, and not in that docs office.

[carlie]

Gee...after all those good things I said about you Carlie. Im taking them back. You are costing my kids money!

Now stop counting peanuts...I have..and start helping me with the "Big Mac Attack".

I am still working on the 2002 effective date, and, they kind of opened the door with their partial award.

I think they are throwing me a bone while they rob the house and hope I wont notice while I am chewing on their 15 grand. Nope. I applied in 2002, and, while I will enjoy their bone, I earned that bone and want the steak to go with it.

I lost my home waiting on the VA to pay my benefits, so Im keeping going, like the energizer bunny, until I get my house back.

bronco,

What is the issue and what is the effective date VBA provided.

What was the narrative (R&B) in relation to the effective date?

[stillhere]

I totally agree with you broncovet! In my most recent award the VA kept the retro under 25G so they did not need the 2 or 3 signatures for larger awards even though in going through my records I actually had an appeal from 2005 and they had sent me a SOC in 2007 after they denied it.

Give a little and hope we either have died or will be satisfied.

I am sorry to those that don't like us condemning the VA but some of this trash just sticks out like a sore big toe!

I am sending a reconsideration and asking them to do a total review of my entire file and give me an EED.

I hope you get yours and I get mine cleared up. Might not be done while I am Stillhere but my wife could use it when I am gone.