tdiu Bva Appeal

[jane08]

Hello, I am new to this website so I hope I am posting this correctly. I have a question about an appeal that I filed in 2008. I am service-connected at 50% for MDD. I filed an appeal for an increase in 2008 a few months after I recieved the decision letter. The appeal is for an increase and in the letter the BVA stated that 70% is allowed for the initial rating. I also filed TDIU in 2009 and was denied.

The letter stated I was denied because I did not meet the schedular requirements for TDIU. My question is if my rating increase will they consider the TDIU now and is it likely to be granted? Also, I have not heard anything from the VA regional office about the BVA decision which is dated Apr 5 13. I spoke with someone at the regional office and they said it is being worked on. Does anyone know how long this process will take in regards to receiving a letter from them or any information?

I would appreciate any info!

Tks

[bnthornton]

Hello, I am new to this website so I hope I am posting this correctly. I have a question about an appeal that I filed in 2008. I am service-connected at 50% for MDD. I filed an appeal for an increase in 2008 a few months after I recieved the decision letter. The appeal is for an increase and in the letter the BVA stated that 70% is allowed for the initial rating. I also filed TDIU in 2009 and was denied.

 

The letter stated I was denied because I did not meet the schedular requirements for TDIU. My question is if my rating increase will they consider the TDIU now and is it likely to be granted? Also, I have not heard anything from the VA regional office about the BVA decision which is dated Apr 5 13. I spoke with someone at the regional office and they said it is being worked on. Does anyone know how long this process will take in regards to receiving a letter from them or any information?

 

I would appreciate any info!

 

Tks

Would you please updated us on when you saw everything happen? My husband had the same thing happen (BVA increase for MDD from 50 to 70% and TDIU remanded) in October and we're waiting to see his pay increase and/or backpay. I'd love to know what your timeline was as well as whatever happened with your TDIU. Thanks!

Edited November 29, 2015 by bnthornton

[carlie]

Hello, I am new to this website so I hope I am posting this correctly. I have a question about an appeal that I filed in 2008. I am service-connected at 50% for MDD. I filed an appeal for an increase in 2008 a few months after I recieved the decision letter. The appeal is for an increase and in the letter the BVA stated that 70% is allowed for the initial rating. I also filed TDIU in 2009 and was denied.

The letter stated I was denied because I did not meet the schedular requirements for TDIU. My question is if my rating increase will they consider the TDIU now and is it likely to be granted? Also, I have not heard anything from the VA regional office about the BVA decision which is dated Apr 5 13. I spoke with someone at the regional office and they said it is being worked on. Does anyone know how long this process will take in regards to receiving a letter from them or any information?

I would appreciate any info!

Tks

Any answer would be a guess.

There are no timeframes for VA / BVA to respond.

[jane08]

Tks for responding!

I read that the VA is allowed a certain amount of time to process claims granted from the BVA. Is this not the case? Can the VA take as long as they want to process an award granted by BVA?

[carlie]

Tks for responding!

I read that the VA is allowed a certain amount of time to process claims granted from the BVA. Is this not the case? Can the VA take as long as they want to process an award granted by BVA?

jane,

If you receive an increase and it hits 70 percent or higher

the VA is supposed to consider IU.

Seems like sometimes they do it on their own at 70 percent

and sometimes they don't.

Regarding a certain amount of time to process claims granted from the BVA -

there's a fast letter out (FL10-02) that addresses this, but no REAL timeframe.

FYI - Don't put a lot of tock into it - in other words, it will still happen, when it happens.

There are many, many, many appeals sitting at and waiting for the BVA.

Hope this helps a vet or claimant.

DEPARTMENT OF VETERANS AFFAIRS Veterans Benefits Administration Washington, D.C. 20420

January 6, 2010

Director (00/21) All VA Regional Offices and Centers

In Reply Refer To: 211B 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.

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