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Opt in Ramp or not?

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saxman

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Hi all,  I have a Remand from the BVA in August 2018 and the VA sent me a letter asking me to opt in the Ramp program.  They also called asking if I wanted to opt in the Ramp program.  I said no!  The main reason I said no is because part of the board decision was a grant of an EED from 1993 til 2013.  I''m looking to get a hefty back pay deposit.  Now the problem is the RO has not implemented the BVA decision yet and my understanding is they should implement the board decision before working the Remand.  I feel if I opt in for the remand they will not implement the board decision until they finish with the remand.  

My question is do anybody know or had any experience with a grant from the board and a remand and then opt in the Ramp, and how did they work it?

 

Thanks for your time!

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Great question.  Some years ago, the VA published a "fast letter" which directed VA employees to pay "partial grants" retro quickly, and not wait for the remand to be implemented.  However, I dont see this "partial grants" fast letter up anymore, tho I dont know why.  As far as I know, nothing changed, tho.  When a Vet gets a BVA decision which awards benefits, that is supposed to be paid right away, even if some issues were also remeanded or even dienied.  

 It is my opinion that opting into RAMP wont change anything UNLESS its specifically addressed.  In other words, I dont expect VA to create a whole seperate set of CFR's "just for RAMP".  I wont deny that Ramp clients will "give up" some procedural rights, such as the SOC/SSOC.  I have not seen Vets benefitiing from the SOC/SSCO except when VA neglects same, it pretty much means a remand for the VARO to issue the SOC.  That could be significant, tho, because this gives the Veteran an opportunity to submit new evidence under 38 cfr 3.156 b.  I cant see the SOC accomplishes much else for Vets.  

There is controversy over RAMP, but it makes sense to opt in to RAMP "smart".  

1.  Dont opt into RAMP if you are "with a BVA judge" because, then it will just delay you.  

2.  Delay opting into RAMP if you are just now filing a NOD.  Instead, go with legacy, and ask for the DRO.  If denied with the DRO, THEN consider opting into Ramp.  This would enable you to resolve this TWICE.  Once with the DRO, and again with the HLR at RAMP.   This should increase your chances "if" its true that you have a 90 percent chance of being denied at DRO, and 90 percent chance at denial at HLR.  Thus, you have "2" 10 percent chances of winning without the long Board appeal.  

3.  Thus, it makes sense to opt into RAmP if you have already had the DRO review (or DRO hearing), and received a DRO decision.  

There is a large window, after the DRO decision but before your appeal reaches the bva judge where it would appear it make sense to opt into RAMP.  This "window" is about 3 or 4 years.  

4.  If you see a benefit with a SOC, or lack therof, then dont opt into RAmp as you have given up this due process.  

5.  If you have new evidence, use caution when opting into RAMP . Its unclear if the RAMP "relevant evidence" will be equal to the legacy "new and material evidence" under 38 cfr 3.156 c or 38 cfr 3.156 b.  

In short, your situation depends on whether or not I would recommend you opt into ramp.  

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Yes, you are correct Broncovet- it is VA FAst Letter 10-02, 'Implementing partial grants from the BVA.'

It is here under a search but I could not open it.

I dont know if it has ever been changed or  rescinded and - I dont think so

but the BVA is working MUCH faster than the ROs these days.

I feel any vet whose retro has gone unpaid for 4-5 months or more should file an IRIS complaint and cite VA Fast letter ( 10-02) .

 

If that does not work they should file a complaint at the White House Hot Line 1-855-948-2311.

 

 

Edited by Berta
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We all know that the VA is not always good at following the regulations.  I was in the same boat and experienced an award for TDIU with six years backpay and a remand for further development.  I did not receive the backpay until the remand was completed and sent back to the BVA.  It should also not take longer than a few months for the remand, the BVA states that the remand is to be done in an expeditious manner and we know that this is ignored.  What got them on the ball was a writ of mandamus from my lawyer.  Do you have a lawyer and are they willing to do one for you? 

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Factually, every one will have a different opinion about ramp, when I asked this question ( should I opt in) two different lawyers  told me to stay away.

I had already had my claims denied, and had submitted an Notice of Disagreement requesting De Novo reviews.  I had not received the Statement of the case, so I was just waiting on that, before they would actually do the de novo's.  After much consideration I opted into ramp. anyway...... I don't think the ramp system is  very good because you will lose some  due process  when it comes to appealing.  I got a BVA decision back in July 2018, ( on a claim that was 10 years old)  it had 3 item remained that were not even appealed to the  BVA  ,  anyway  I received 2 denials on two ramp decisions just this month, and within that denial it listed the same three items that had been remained in July 2018  as needing more evidence...   I am not a believer of ramp.... I don't think it was any quicker than the legacy system,  and I think the only one who actually benefits from it is the VA when they list the stats  saying claims are being processed faster... in my opinion all that is being processed quicker are the denials.....

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I found on M21-1, Part I, Chapter 5, Section G

paragraph d.

It tell what should be done with each BVA decision, including implementing BVA grants.

 

Thanks for the input

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