Jump to content

Announcements



  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Ads

  • Fund HadIt.com Veteran to Veteran LLC

    fundraising.jpegHadIt.com Veteran to Veteran Fundraiser
    Revenues are down, costs are up and I need your help. Financial gifts are always appreciated but never required. If HadIt.com has helped you and you can give back a little it is appreciated Give here https://community.hadit.com/donate/make-donation/

    Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Our picks

    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
      • 0 replies
    • A favor please - just changed servers so if you have a moment...
      A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.
      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
  • Advertisemnt

  • 0
Sign in to follow this  
Troxell

bva grant, waiting on rating and efective date.

Question

I received a letter from the BVA dated May 24 , 2018 stating that I had been granted service connection for some issues and a remand for other issues. I am still waiting on an effective date and rating. My question is will the VA implement the grant while waiting on the remand? how long does this process usually take? I was ok while my case was on appeal but since I received my grant I have went crazy. I check e benefits 3 times a day and i cannot stop wondering what my new rating is. How long does this process take? I thought I had won my case but nothing has changed. sooo tired of waiting on the VA. Any info on time would be great or any suggestions to speed this up.

 

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

I was going through the same thing. I have a grant and remand from May 1st. My rep finally sent a email to whoever they go through to get paid last week. He called me yesterday and told me my rating and said it should be implemented anywhere from 10 to 90 days now. Now I'm just waiting for the new c&p exam ordered by the bva and getting this remand finished.

Share this post


Link to post
Share on other sites
  • 0

Four months after a BVA decision is not really "expiditious treatment".  You should have received "at least" an implementing decision from your VARO along with a rating decision and effective date, plus retro.  

The remand portion can take a bit longer.  

I suggest:

1.  Contact IRIS and explain what you posted, and ask the status on implementing your BVA appeal.  

2.  Consider contacting the white house with the same question.  Also, consider contacting your BVA ombudsman, and your representative, if you have one.  

3.  After you have done the above, and the VA still has not replied with at least some satisfaction, you can consider a writ of mandamus to compel VARO to implement the BVA decision.  

Share this post


Link to post
Share on other sites
  • 0

Thank you for these suggestions. I will give it a try. Anything to keep my mind busy. and good luck with your remand Hume0351

Share this post


Link to post
Share on other sites
  • 0

I am in the same boat, received my award on 8/23/218 still waiting on rating and retro.

I will also try Broncovet's  suggestions.

Thank you all.

Share this post


Link to post
Share on other sites
  • 0

Once the BVA makes a decision it needs to go to the original RO for them to grant a percentage and release funds.  Unfortunately the RO does not work any faster on BVA decisions in my experience.  My attorney sent a letter stating that the next correspondence would be a writ of mandamus and this got them working on my last remand.  Unless you have someone to file a writ or you have the knowledge to file the writ you need to follow Broncovet's advice and contact the IRIS or the Whitehouse.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Similar Content

    • By Logarius
      Hi, I am curious and thought I would ask here. I was trying to find out what my effective date is. I reached out to the DAV to find out if they would be going back to 2011 since my initial C&P exam. Here below was there response:
      10/20/11, you filed a claim
      1/17/12, the VA said you failed to report to exams (FTR)
      4/2/12, the VA deferred decisions on your back and GERD
      3/11/13, the VA denied the claims because they said you failed to report to exams in 2012
      12/31/13, you filed for your back and GERD again
      11/27/15, the VA denied the claim
      THIS IS WHERE IT DROPS
      7/14/17 you re-filed and attended exams, that is the date of service connection.  If you wouldn’t have had over a year in between these then they could’ve gone back, but as you can see by the screen shot included, there was no activity between 2015 and 2017.
       
      Does this make sense the fact that I missed just single one year in 2016 of continuous reapplying that I can't go back to 2011?? I've tried to look all over the place to find something in the VA to support this but haven't found anything.
       
    • By S. Bruce
      I was awarded 30% service connected for sleep apnea when I left the military in 2008. In 2013, I was directed to and took another sleep study. It was found and the VA agreed that I needed to start using the CPAP. VA reviewed the evidence, agreed, paid for and I have been using the CPAP since 2013. In Sep 2019, during a review of my records, my representative informed me that using the CPAP meant that my SA rating should be 50% versus 30%. I filed an increase claim and was increased to 50% with an effective date of Sep 2019.  Shouldn't the effective date be April 2013 when the diagnosis was received and approved? I checked and the 50% rating for using a CPAP was in place in 2013. I wasn't aware of the rating difference at that time, so I didn't file a claim at that time. I'm asking because I'm thinking I may be due some back pay...……….
    • By RBrogen
      Hi Everyone,
      In my most recent C&P the examiner noted and measured 2 scars on my neck and jaw. I've read the rating info for scars of the Head/Face/Neck and filled in the chart they had because the first rating option didn't apply.  Can someone confirm for me that according to the rating info below, it would qualify me for 30%.  There's pain noted in the C&P with each scar in addition to the characteristics noted below.
      "If there are 6 or more Characteristics, it is rated 80%. If there are 4 or 5 Characteristics, it is rated 50%. If there are 2 or 3 Characteristics, it is rated 30%. If there is 1 Characteristic, it is rated 10%."

      In addition, during the same C&P the examiner documented and agreed (50% more than likely service related) that I had TMD secondary to broken jaw, painful motion of mandible,  reduced ROM, surgical wire in right mandible
      Thanks in advance!
      Randy
    • By Navy89
      I have a rating for 10% for:. right knee patellofemoral syndrome, claimed as gout and iliotibial band syndrome
      Is it common for VA to group conditions, can these be separated?
      Thanks for the assist...
       
       
    • By chibears3531
      The issue:
      I’m on the verge of filing a large VA claim to include migraines, erectile dysfunction, obstructive sleep apnea, and a few other conditions.
      However, I think I may be eligible for an earlier effective date going back to 2008 for the migraines and ED. I’m hesitant to file for the migraines and ED in this claim because I do not want it to nullify my chance at an earlier effective date.
       
      Background (long read, sorry!):
      After reviewing my C-File, I'm pretty sure VA underrated and possibly clearly and unmistakably erred (CUE) 11 years ago in their decision based on the detailed evidence from their c&p examination.
      Essentially, the VA decision said that I don't have prostrating migraines because I don't have emergency room or sick call visits. They conceded I have cognition issues from all the concussions and awarded 10% for:
      “traumatic brain injury with post concussive syndrome (also claimed as migraine headaches)”
      This was despite having an in service migraine diagnosis (which was in their possession at the time and in my C-File) and the fact that their C&P examiner said that I have “prostrating migraines 4x per week”.
       
      Unless I’m mistaken, if the VA had in their possession evidence that would warrant a higher rating of the migraines at time of the decision 11 years ago, they violated 38 CFR 4.6.
      Additionally, while I did not claim erectile dysfunction, I think this may have been an “inferred claim” seeing as the c&p examiner noted:
      “Q22. Sexual functioning?
      A22. Yes, problems with achieving and maintaining erection. The veteran has started to use Levitra, which helps. He mentions he has been taking Celexa, had been discontinued, and has less of sex.”
      “DIAGNOSIS: Traumatic brain injury with post concussion syndrome and migraine headaches, and erectile dysfunction (with etiology as least as likely as not related to the TBI).”
       
      I've heard that the VA stopped honoring claims to re-open so I'm unsure as to the best way to proceed for establishing an earlier effective date for a migraine rating. I also suspect that it's too late for them to honor the special TBI re-processing rules if the exam was not conducted by a neurologist (he was an internal medicine MD).
       
      Finally, just to re-iterate, I’m hesitant to file a claim for migraines and ed in this new claim because I don’t want to possibly lose my earlier effective date by doing so. My tentative plan is to include them in the new claim anyway and in a statement ask that the “TBI with PCS (also claimed as migraine headaches) be split into “8045 TBI residuals” and “8100 Migraines” with each condition being rated separately.
      Then after the decision is rendered, file a supplemental claim with the 2008 c&p exam notes appealing for an effective date to 8/31/2008. If that fails, that’s when I would look toward filing for a CUE.
      Does this sound like a solid plan of attack?
  • Ads

  • Our picks

    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
      • 0 replies
    • A favor please - just changed servers so if you have a moment...
      A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.
      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines