what is the last step?

[boatman]

I have been reading here for a very long time and posted a few times as well. My question is I thought the BVA was the last step of my appeal. As many of you know I was wrong. Now here is where I (think) I am. BVA approved my claim I received a letter stating that fact. The BVA returned my claim to my state RO. Now the best I can tell is the RO has completed the rating and dating portion. Can someone tell me where is the next "approval" step takes place. I have an attorney and have been advised things are going well. Over ten years and I should have built some patents right? Oh no not me I recall every day of this, what ever it is, has taken. Each birthday, Christmas, New Years day, Thanksgiving day, and all of it. The fact that the day would be better if I could have closure with this issue. The money has nothing to do with it any more. I am use to being with out so much it matters not. Never thought I would have gotten to this point of numbness.

I came here today to thank all of you here. The name of "here" has changed of coarse, but not the minded patriots that have formed an invaluable asset for people like myself. I came here many times just to gain hope when it was looking very dark.. So thank you all for your support over the years. I hope to be able to put my VA claim issue to rest. I may return here from time to time I hope so. One day maybe what I have been through will help someone. Again you the core of this asset thankyou is all I can say. sorry if I have rambled here. Bitter sweet comes to mind when I think I no longer will need what is so gracefully dispensed here for those of use in need.

I almost forgot. Where has my claim gone? I have to do this. How long will it take before I get my final award? sorry lol

Humbly yours 

[broncovet]

Did you get a decision from the VARO "implementing" the BVA award?  It sounds like you did.  If this is a large retro, over 25,000, the VA often uses the EAP process, which, by the way is illegal as it has been banned:

http://thomasandrewslaw.blogspot.com/2010/08/macklem-eap-equals-cue.html

This is probably the process you are in now:  EAP.  It means it takes 3 signatures, including one from VACO.  Of course, they take their sweet time...they will get paid every 2 weeks, so they dont care if it has taken you 10 years to get paid.  

The EAP process is a special process which requires 3 signatures with large retro.  Even tho Macklem banned the process, the VA still does it, they just dont tell you they do.  Its one of the many times VA gets away with violating their own regulations because they are bullies.  They have control of tens of billions of dollars in Veterans benefits, so they are bullies, because they can do this.  I hope the accountability act has some teeth to stop VA from bullying Veterans, like they have you.  When they make you wait 10 years, that is bullying.  They have made me wait over 15 years, and I still dont have a BVA decision.  

[boatman]

Thank you No I never received a letter from the VARO. The BVA was just confirming they awarded the service connection. No award was in the letter. They said the RO would do that. I am awaiting for signatures now that is it. Thanks a lot now I know and I guess It will be what ever they want to give me. I guess I can appeal if need be. Thanks for the info!

[Berta]

Please come back when you get their letter- so they dont jip you out of the proper retro.

As Bob Dylan sang..

the times they are a'changin'"......so maybe the Accountability Act will be a success.

So far the VA claims process has been an utter disgrace.

[boatman]

Thank you Berta

 I just reread my post what a mess that is. Sorry about that. May be a good refection of how I am doing today. Yes I will stay in touch here when I get the SOC. Thank you for you help.

[MikeHunt]

23 hours ago, boatman said:

Now the best I can tell is the RO has completed the rating and dating portion. Can someone tell me where is the next "approval" step takes place.

...

20 hours ago, broncovet said:

Did you get a decision from the VARO "implementing" the BVA award?  .  

I have an attorney and have been advised things are going well. Over ten years and I should have built some patents right? Oh no not me I recall every day of this, what ever it is, has taken. Each birthday, Christmas, New Years day, Thanksgiving day, and all of it.

I almost forgot. Where has my claim gone? I have to do this. How long will it take before I get my final award? sorry lol

The attorney thing adds some complications- As every one of you may have guessed- The lawyers are going to get their money. (no offense meant, just what everyone back to Shakespeare has considered fact) and .gov is made to ensure it.

The stage after the rater's decision is 'Auth' (authorization), then it goes back to a VSR for 'Promulgation' or, as Bronco said, clerical work actually implementing the decision.

The one good thing about a lawyer is that concerns about the retro can be forgotten- As the firm isn't going to let a dime get past them.

and, yes, the VA is highly, highly frustrating. You can get your FBI file, but it's more difficult to see your eFolder ...

[broncovet]

Mike,

    The attorney ONLY gets paid if you win in Veterans benefits cases, since they are mostly on a contingency bases.    Im unaware of "any" cases where Vets paid an attorney fee and got zero, but I suppose it is possible if you paid an attorney up front money.  However, this is generally unnecessary with "most" of the attorney's who represent Vets.  

   Even if you do get paid, its quite possible or even likely that EAJA pays all or some of your attorney fees.  This often happens at the CAVC level.   The court has to determine that VA took a position against the Vet which is "substantially unjustified".     From a practical matter, attorney fees are regurarly awarded by the EAJA whenever the VEt wins, or, as in my case, the case is remanded by the CAVC.  

   Supreme Court Justice Roberts was "startled" to find the VA takes a position agains the Vet MORE than 50 percent of the time which is substantially unjustifed.  https://www.veteranslawblog.org/veterans-benefits-chief-justice-startled-by-government-errors-in-veterans-cases/