AMC holding my retropay hostage

[brandino]

I filed for TDIU back in july of 2014 and was denied I went through the entire Appeals process and was granted TDIU

I also have on the appeal a REMAND for Special monthly compensation. The SMC stems from the VA doing botched eye surgery on me which has now effected my life forever (for the worst)

The BVA has since sent both issues to the AMC. TDIU was granted SMC is on remand.  

TDIU was granted this year July 12th. I have already received my packet and the SMC remand has already received a C&P exam and given me a docket number in the 50k range

The AMC has no call center and isn't under the jurisdiction of the BVA or pretty much anybody.

It has been 12 days and I have received no retro pay they haven't updated anything in my records stating I have been granted the TDIU 

 

I have called the Trump hotline multiple times. I have contacted the BVA (don't bother), the RO (nope) and my VSO (trying to be helpful?).

 

Basically from what ive ascertained from the 1000 number and the trump hotline is that the remand is holding my granted item hostage

I could be looking at anywhere from 7-17 months for my remand to be finished. What I find most peculiar is that apparently they cannot pay my backpay on my GRANTED TDIU until my REMANDED SMC is finished.

 

What is going on here?

Who knows about this stuff?

Why are they holding my backpay hostage?

Why was the call center to the AMC dissolved?

How is it possible for the AMC to hold my backpay hostage on a granted item due to a separate item being on remand

im incredibly perplexed and honestly really pissed that I could be waiting a year and a half for backpay on something that was already granted

[treysnonna]

My husbands was granted May 30.  Called amc today, and was told they were holding it up till the remand was worked.  Which tome line is 7-17 months!  I told her I thought they were supposed to work the award, while the remand was being worked.  She said no as far as she knows.  I did tell her the kidney failure needed to be expeditited.. and that he was in hospital with a pulmonary embolism the last of aug.    she said if we could send any new evidence in to speed it up to do that.  Ug.   This feels like a three ring circus!

[treysnonna]

Then the attorneys is appealing the the  effective dat of increase of diabetes, is that going to hold everting up again?    I wAs going thru the  joint ambulatory paper work for his cads.  And there is a question checked YES, if the   Patients heart condition effects his ability to work.  So I’m copping that and sending it.  So maybe they will go back to that date.  Opinions!  Statement made by c and p doctor!

Edited September 19, 2018 by treysnonna
Misspelling

[paulcolrain]

52 minutes ago, treysnonna said:

Then the attorneys is appealing the the  effective dat of increase of diabetes, is that going to hold everting up again?    I wAs going thru the  joint ambulatory paper work for his cads.  And there is a question checked YES, if the   Patients heart condition effects his ability to work.  So I’m copping that and sending it.  So maybe they will go back to that date.  Opinions!  Statement made by c and p doctor!

When a decision has been made, BVA returns the folder to the Appeals Management Center (AMC) or the RO for review of the claims folder and implementation of the decision, if necessary.

Important: The AMC or RO should implement BVA’s grant or partial grant of benefits in any favorable decision before initiating development of the remanded appeal.

treysnonna, this wording came direcly from the RO procedural manual ... you can google it M21-1, Part I, Chapter 5, Section G

[treysnonna]

Thanks Paul appreciate that info.

[treysnonna]

Paul Colrain,  thank you for sending me the info on ro procedural manual on the M21 etc.  I called Peggy yesterday.  I quoted that 120 days.  And she wanted to know where I got that info.  So I quoted the M21-1 chapter 5 part 1 g.  And I checked ebenefits and it is now showing 90% instead of 80.  It likes. 3 days being 120 days?  Ya.  I wish everyone else good luck.  Now wait again on the remand now.

[paulcolrain]

On 9/27/2018 at 3:26 PM, treysnonna said:

Paul Colrain,  thank you f

we fight them and we stand by each other to fight for ours.

but extremely important note......

a great way to win at the bva level is because the judge can over ride the M21 so dont build your claim on it.... kinda build it around it and show holes.... ASKNOD would say same i think and he has won a ton for vets.. also berta im sure would suggest same

 

Edited October 3, 2018 by paulcolrain