A Win At The Bva Means ... (What's Next?)

[TexasMarine]

The VLJ has my file.

I can envision 1 of 3 outcomes.

1. A denial. I would receive a denial letter in the mail. Contact my lawyer. Propose an appeal to the CAVC.

2. A remand. I would wait for more mail, telling me they are sending my case back to the RO for further development.

3. An approval of my appeal. In this case, exactly, what would happen next?

Possibilities include: Writting up the approval, Rating my DX, Notify somebody of my new monthly payment,
Notifying somebody to cut a retro check, Sending the BBE to me (and my lawyer), Sending me a booklet advising me of my new benefits.

Who performs these actions? The RO, BVA, AMC?

My DX is currently rated at 70%, Non-SC. I would expect it to be 70%, SC as well. Or is that a gotcha as well?

Would they automatically infer IU if my SSDI was for the same DX the SSDI award is part of the c-file?

I am not retired, so DFAS audit wouldn't be necessary, or would it? I did receive a severance after 13.5 years.

Any clarity regarding these last few steps would be appreciated.

[stillhere]

At the end of decisions that I have read the majority that are approved (awarded) get sent back to your RO. They will change your disability rating and if it increases your payout you would get a letter about that.

Then comes the part of retro if there is any that would be sent separate.

Stillhere

[Philip Rogers]

On the remand, they could also send it to the AMC, also known as the RO from hell. I believe, that if the claim is approved, or denied, it is sent to the VARO, that has jurisdiction, over your claim, for implementation of the BVA's decision, who then generally takes their sweet a*s time and eventually send's you the notice. If you won, payment is generally received before the award letter arrives.

Good luck!!

pr

[broncovet]

You have it about right. Generally, from 19% to 31% are allowed (awarded), 40-49% are remanded, and 15% to 38 percent are denied. We used to say its 1/3 for each, but remands are quite a bit higher than either awards or denials. If you have an attorney, your chances improve. YOu can find more specifics, here:

http://www.bva.va.gov/Chairman_Annual_Rpts.asp

On page 25 of the report it lists the "allowed", "remanded", and denied for each class, such as DAV, attorney, etc. IN my opinion, try to get a low "denial" rate, because neither a remand nor an award necessarily means you get compensation., but a denial means you dont get anything. The reason is VA LOVES to "award" zero percent compensation and that counts as an "award" to VA, but I have never been able to pay any bills with my 2002 "zero" percent compensation, ever.

Edited July 18, 2015 by broncovet

[lotzaspotz]

If the appeal is successful, take special note of the effective date to see if you agree with it.