BVA and Retro Pay

[Sgt. Wilky]

For those who may have won their case(s) at the BVA and were owed retro, about how long did you wait? 

I feel bad for constantly checking my ebenefits and bank accounts, but what's owed equals tens of thousands of dollars and I'd like to get that. 

It's only been a couple weeks since I was notified, and I know it's totally "unreasonable" to expect it before the 30 day mark, but does anyone have any idea?

I have a meeting Thursday with my VSO to talk about the decision, but after almost 8 years, I'm tired of waiting for it.

Semper Fi,

Sgt. Wilky

[Tbird]

you have nothing to feel bad about most of us would feel exactly as you do. i wish i knew a time frame to give you, but you check it as much as you need to and don't feel bad.

[Guest]

Sorry for the bad news but I would say anywhere from six months to a year.  I truly hope I am wrong but once BVA makes the decision that you get service connected or an increase your local VARO does not have to expedite your claim to implement the decision.  In other words, your claim is not on their (your local VARO) priority list.

[Sgt. Wilky]

Sorry for the bad news but I would say anywhere from six months to a year.  I truly hope I am wrong but once BVA makes the decision that you get service connected or an increase your local VARO does not have to expedite your claim to implement the decision.  In other words, your claim is not on their (your local VARO) priority list.

That sounds about right. They'll just be tacking on that much more back pay. I figured it was about that much, just hoping to get grace...and patience! Thank you for your replies!

[Berta]

Mine took about 8 months to arrive.

It was not the usual BVA decision...it required a refund of a FTCA offset due to new BVA grant of direct SC death of my husband.

My RO didnt want to pay it but after I called the General Counsel, they paid the refund right away.

I would think within 6 months you should get the retro. Hope so...

 

[Sgt. Wilky]

I got to thinking last night, that since this case also involves a remand, that may or may not play a part. The remand part only addresses the need for the Denver RO to issue a SOC on how to up the one particular disability from 10% to 20%. Also, yesterday I familiarized myself with the regulations on the bilateral factors. It seems to me since I have compensable disabilities in both legs, I should receive the bilateral ratings (20% for one and 10%[someday to be 20%] for the other). I'm making a list of things to discuss tomorrow with the VSO.

Thank you all for responding and your encouragement! 

Semper Fi!

Sgt. Wilky

Edited November 4, 2015 by Sgt. Wilky
Spelling for Dummies...

[broncovet]

Before you get any money  you need a VARO decision implementing the Board Decision.  I looked up my 2012 Board Decision and it was 7 days short of a year before retro hit my bank.   I do think that is unusual.  

Since yours is a "partial grant" see fast letter below.   While this is not supposed to happen, the VA "holds up" paying retro on partial grants.     Va is required to comply with CFR's, fast letters, and OGC counsel general opinions, as well as case law.  I suggest you copy this fast letter and send it to VA, explaining you deserve your retro and not delays.  

NEW VA RULING WILL END DELAYS IN PAYING PARTIAL GRANTS

VBA's Regional Offices had been delaying payment of partial grants for 120 days.

by Larry Scott, VA Watchdog dot Org

 

-------------------------

On January 6, 2010 the Veterans' Benefits Administration (VBA) issued Fast Letter (FL) 10-02.

The document is available for viewing or download here.

It seems the VBA has been holding off on paying "partial favorable findings" from the Board of Veterans' Appeals (BVA) for 120 days.

The 120 days is the time to appeal a decision.

But, who in their right mind would appeal a favorable decision?

This was just the VBA's way of holding on to veterans' money for an extra four months.

Now, that has been corrected.

The text of FL 10-02 appears below.

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January 6, 2010

Director (00/21) In Reply Refer To: 211B

All VA Regional Offices and Centers 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

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Edited November 4, 2015 by broncovet