Disabilities Granted at BVA.....now what?

[CW1324]

Received a letter dated 9/18 from the BVA granting an increase and TDIU. Since then my disability rating on ebenefits has not changed from the 70% it already was and a new claim for Attorney Fees was opened. What does this mean? Any idea on a time frame for back pay or even my monthly to increase? Please help

[broncovet]

Congratulations on your win!

However, dont expect back pay on a Board decision...the VARO has to implement Board decisions before you get paid.  We dont have to like that, its just the way it is.  The claim for attorney fees is good, tho since that indicates its moving.    Since you are represented by an attorney, what did he say when you asked him how long?  If you have not asked him/her, you should...we dont have your records..he does..so he should be more familiar with your VARO..we dont even know which one you use.  

My ball park estimate :  125 days.  I have had Board decisions faster than that, and some slower.  Yours may be faster, because they have apparently opened up a claim for attorney fees.    For a better idea, check the BVA chairmans report, which shows average times.:

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

Edited November 6, 2018 by broncovet

[CW1324]

I will take a look at that, thank you.

[RMEvet08]

Congrats on your "Grant" by the board! I can honestly say the feeling is amazing my grant came in the mail 8/15 just a month before yours. The question is how will the VARO implement the grant (effective date and rating) like broncovet mentioned. If your just getting a BVA decision that means your in the legacy process like myself and I can honestly say what a terrible journey it has been. My appeal was granted by the board from a claim filed 04/2011 and as you know the convoluted process with legacy appeals is a mess. I can shed some light on what to expect next but honestly each case can vary and in my case I was blessed enough to know someone working at VBA who made my case ready for decision one week after the BVA grant otherwise from what my source tells me cases just sit unfortunately.

The VARO does have a legal obligation to notify the BVA within 60 days of the grant but the specifics I'm unsure of.  I've looked high and low for answers to what follows a BVA grant and have  neither VSO's or VA reps can shed light but my source has done some digging for me and sad to say you would think following the long wait up to the BVA grant that there's some short que for whats to follow but the painful wait just doesn't end that quickly. So now the VARO has to implement your grant which may take some months just because they want to get it right and there's no specific time frame and even after they issue you an effective date and rating it will takes some time after that depending on the back-pay amount. From what ive been told anything over 25k gets audited and three different signature levels are required on top of the calculations that have to be done with regards to COLA changes every year since your effective date and any dependents. I even tried the new VA White House hotline to help veterans get answers and all i got was a generic response from the VBA stating most appeals implementation take anywhere from 4-6 months again broncovet's 125 days sounds fair. This is a stage that can be frustrating because now the VARO has the option to rate your claim which leaves room for error meaning another NOD process possibly being initiated. Lets hope all goes in your favor and you get what you deserve based upon your condition and the law. 

Even more interesting is my fellow veteran at the VBA who actually went to high school with me has shown and sent me pictures of my file which indicate on 8/27 less than two weeks from the BVA grant and one week from the date he made it ready for a decision i was awarded 100% for PTSD with an effective date of 04/2011 yet every time I call the VA to ask about my claim status I get the same generic response "there isnt an update at this time".  So imagine all the time they say that to veterans knowing in fact the screen they are looking at shows differently and they wonder why the veterans are so sick of the VA. So my point of that was to highlight that even someone like me in a very rare circumstance where I knew someone who pushed the button for me so to speak to get things done faster I'm still waiting from that brown envelope to say how much they owe me. Supposedly I have 2 of the 3 signatures required for the payout and its only a matter of days/weeks or even a month or so who knows. I am beyond thankful things went in my favor but just when you think the wait is over it just never ends. To make things even worse I was told that the raters are so inconsistent that you have veterans getting 100% without total and permanent with a re-examination date 3 years following the rating decision date but then other raters just give the total and permanent to some vets with 100% so much for a standard. My source has only been with VBA for 6 months and has learned and done more for veterans than some ppl who have been there years just getting a check while we sit and wait years for our benefits.  unfortunately he has decided to move on from the VBA after the 9th otherwise I would ask him to assist in getting you some answers. 

Congrats again on the huge win i truly know how you feel and love to see other veterans getting what they deserve. 

[CW1324]

Thank you for the time and info. I do understand that every case is different especially when it comes to the point of returning to VARO. I was just trying to get some type of info on what to expect or watch out for.