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Dukesters

6 issues Granted & 1 issue Remanded

Question

Good morning/afternoon,

I am currently 50% disabled (service connected) and I have been receiving my awarded disability at the 50% rate for the past few years. I filed an NOD within one year after leaving service and just finally had my BVA hearing this year. The BVA judge sent a letter with 6 issues granted for increase and one issue remanded for extra-schedular rating criteria. Basically the one issue that has worsened is rated by a METS test and my METS tests are always wrong and screwed up because I was an elite runner once upon a time so my heart rate doesn't stress enough for the test to work.

My question is in regard to the increased ratings and retroactive back pay. Aren't partial grants for increased disability processed before a remand? It appears that my remand is holding the VA up from updating my new rating. My VA attorney says she can see the increased amount for each granted issue in my VBMS system but it has not been updated by the VA for compensation. I am still being paid at the 50% rating for now. I logged on to VETS.gov (VA.gov) and Ebenefits and my rating is still displaying at 50% as well. It has been a couple of months since the letter went out and my last update about a month ago said that the BVA sent the remand to the AMC to work out. I have an advance on the docket and I am not sure if that even is considered at this point in the process anymore. Another thing that has me stumped is that my VA attorney said that my case was sent to the new AMC.... The ARC or whatever they are now calling it. She said it is a new division for appeals. My case is not part of RAMP and I did not elect to enter RAMP either. Sorry for all the questions, I am just started to feel like my case went down a huge black hole!!

Edited by Dukesters

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Hello.  Your case sounds very much like mine.  My husband received his decision (by BVA) on March 7.  He was granted an increase on Migraines and remanded TDIU.  We have made several IRIS inquiries, as well as talked to his VSO multiple times.  Here is what we know....His remand is at the ARC (same as yours) and his grant is supposedly being worked at the Atlanta RO.  HIs VSO said that she can see that his grant was implemented on March 30.......but we have yet to see the increased rating in pay or retro.  We have seen no movement on the remand (in ebenefits or Vets.gov).  Its been 8 1/2 months since the grant.  Based on my research on this forum and others, I think that they will not implement the grant until the remand is settled....but that's just a guess. Partial grants are supposed to be implemented before the remand is worked, but I've seen many posts which suggest otherwise.  In addition, we started a claim in july for dependent compensation on our daughter in college.  My latest IRIS inquiry was concerning the status of this claim (usually settled in a couple of months) .  The IRIS response stated that the dependent claim would be awarded when the grant was finalized.  SO...........the wait continues.  I have seen some of these types of appeals (partial grant/partial remand) settled in 6 months or less and others go on much longer.  I hope yours is settled quickly!

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Your attorney is more qualified to answer this than we are:  Have you asked them your questions?  

However, attorneys are not always that easy to contact, either, so I will take a shot at the answer.  

Yes, the VA is supposed to pay you right away for partial grants.  However, I have been informed the BVA has speeded stuff up by 25%, while the VARO has not.  This means the BVA gets ahead of the VARO, and the result is delays in implementing Board grants and partial grants.  If you get tired of the VA, then switch to the YMCA or Boy scouts, as I understand they are more efficient (sarcasm).  Unfortunately, the VA is "the only game in town" for us, so the VA employee unofficial position  is: 

Quote

"Like it or lump it, we will take as long as we please on your claim...why should we care if you become homeless waiting?  We will get our checks in 2 weeks, so why should we care if it takes you 10 years?"

Try calling the white house hotline.

Edited by broncovet

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11 hours ago, broncovet said:

Your attorney is more qualified to answer this than we are:  Have you asked them your questions?  

However, attorneys are not always that easy to contact, either, so I will take a shot at the answer.  

Yes, the VA is supposed to pay you right away for partial grants.  However, I have been informed the BVA has speeded stuff up by 25%, while the VARO has not.  This means the BVA gets ahead of the VARO, and the result is delays in implementing Board grants and partial grants.  If you get tired of the VA, then switch to the YMCA or Boy scouts, as I understand they are more efficient (sarcasm).  Unfortunately, the VA is "the only game in town" for us, so the VA employee unofficial position  is: 

Try calling the white house hotline.

ha ha ha that's funny. Thanks for the reply, my VA attorney has been on vacation and not reachable. She is back today and emailed me. She said myself and 3 of her other clients are in this new ARC system and that after 30 years of experience nothing surprises her about the VA. She said that until she gets a further understanding of this new system they are using to issues grants and remands, she can't really advise me because its a new situation. She did say that the remand is a good thing though because it will allow them to fully investigate the extraschedular criteria for my main disability which is my heart. If only the VA contracted work out to be completed, the we could get some businesses started by vets like us on here that will help tackle these claims and appeals with the best intentions for other vets.

 

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On ‎11‎/‎25‎/‎2018 at 7:28 PM, Kelly Severance said:

Hello.  Your case sounds very much like mine.  My husband received his decision (by BVA) on March 7.  He was granted an increase on Migraines and remanded TDIU.  We have made several IRIS inquiries, as well as talked to his VSO multiple times.  Here is what we know....His remand is at the ARC (same as yours) and his grant is supposedly being worked at the Atlanta RO.  HIs VSO said that she can see that his grant was implemented on March 30.......but we have yet to see the increased rating in pay or retro.  We have seen no movement on the remand (in ebenefits or Vets.gov).  Its been 8 1/2 months since the grant.  Based on my research on this forum and others, I think that they will not implement the grant until the remand is settled....but that's just a guess. Partial grants are supposed to be implemented before the remand is worked, but I've seen many posts which suggest otherwise.  In addition, we started a claim in july for dependent compensation on our daughter in college.  My latest IRIS inquiry was concerning the status of this claim (usually settled in a couple of months) .  The IRIS response stated that the dependent claim would be awarded when the grant was finalized.  SO...........the wait continues.  I have seen some of these types of appeals (partial grant/partial remand) settled in 6 months or less and others go on much longer.  I hope yours is settled quickly!

Hello Kelly,

I seen a few of your posts after I posted my question and I couldn't help but feel that our situation was identical as well. I'm glad to know I am not alone in regard to this new ARC situation. It will be interested to be the guinea pigs of this new plan. I also asked IRIS and they sent me a response that sounded like they would be working on the appeal first before issuing any grant because my one issue being remanded is my major disability that I was service connected and disabled from the military for. I can appreciate and understand that as I have a unique MO for my heart condition. Hurry up and Wait... that is always the game.

Edited by Dukesters
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