has any member received Retro After BVA GRANT ?

[paulcolrain]

im starting to see a lot of people are and have been in the same boat as me regarding retro and change of rating percentage. this question is to kinda find not a time frame but to solidify that something is really off with VA. obviously right im just starting to feel that maybe since this new Ramp program if the DROs or the processors told to drop some things and pick up on RAMP appeals. my past BVA decisions award came within 3 weeks and now its been over 6 weeks since judge grant.

so please submit answers as a story and a time frame if you could. THANK YOU

[broncovet]

You dont actually get retro after a BVA Award decision.  You get it if/when the VARO decides to "implement" the BVA grant.  That disconnect is almost as bad as some NFL seasons:  They "hope" they will win a Superbowl, but some of them want it more than others, and a few even cheat to win.  There "shouldnt" be a disconnect between getting a BVA award, and getting your retro, but I have personally experienced a disconnect where it took 3 years and my threat of a writ of mandamus to get the VARO to implement the board decision.  

The CAVC says the VARO has to "substantially implement" the decision, but fall short of requiring a word by word implementation.  That is wrong.  If the BVA grants, it should be a done deal.  

[paulcolrain]

when i was thinking about this post i was trying to see if i the va was doing something out of ordinary. reason is,, 2017 partial grant rest remand... retrieved my retro and increase 3 weeks after judge stamped decision. now i was seeing i thought that since january of 2018 VETS are getting wins but AMC nor VARO are in any rush to implement. i was told today on the phone from bva obuds that the VARO are pulling DRO to do RAMP and leaving those that are not RAMP upto AMC. mines not RAMP.  

[toddt]

I got a BVA grant , it took 6 months to get retro, being retired may have added to the delay.

[Berta]

The BVA is working faster than the ROs :

https://www.disabledveterans.org/2018/09/19/trumps-chairman-of-board-of-veterans-appeals-increases-decisions-by-25-percent/

I too had problems with a BVA award- but it was an unusual situation.

In a past old  BVA issue rendered moot ( the claim was awarded at the RO -DIC 1151 wrongful death)and I never thought to withdraw my appeal)

the BVA made a legal statement to this affect- if the appellate succeeds in a direct SC death,in the future , her FTCA 0ffset will be refunded. I thought that BVA statement ( and the decision it was in) was all I needed to send to my RO. But they didnt want to pay me until I called the General Counsel.

The BVA web site was down for many days lately- and this AM it is up but the links to the new BVA status tools are not working yet---I hope they get that running soon for anyone trying to get some idea how long their BVA decision will take.

 

[broncovet]

The "averages" as far as time frames, is posted in the BVA chairman's Report.  What Berta says is true, as it breaks down how long it takes for each step.  Its about 1200 days before it even goes to the BVA..sitting in your VARO for 3 years, and, of course, your national VSO preparing a brief to the board.  

Ramp is supposed to eliminate much of this time it "sits" at your VARO for 3 years.  For one thing, the SOC is gone, and also gone is the requirement that the VARO "certify" the claim to the board....about a 3 year process which should take about 2.5 hours.  

You can see the chairmans reports here:

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

[broncovet]

Ramp's elimination of the SOC (and the SSOC's) plus the elimination of your claim needing to be certified by the VARO, almost immediately "cuts" about 3 years off your appeal time, vs the legacy appeals where your claim sits at the VARO for 3 years waiting for someone to certify it to the BVA.  THIS is the main advantage of the RAMP program..cutting 3 years off your time by eliminating the SOC and certification.