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BVA Granted Appeals and Remand

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Jamezam

Question

My question is this, will the VARO implement the grant of service connection for headaches and award my increased rating and an earlier effective date first (which the judge stated to the RO) or will the VARO address my TDIU claim and the grants together? Which came first the chicken or the egg? Also, what is the shortest and longest time I can expect for grants and TDIU award/denial. I was just approved fully-favorable for SSDI in October 2018, so hopefully TDIU will be awarded as well. Thanks fellow Veterans...

The BVA Judge stated "Take [the] necessary action to implement the grant of service connection for headaches and the award of increased rating and earlier effective date for a dorsolumbar spine disability, as above." "After completion of the above, adjudicate the issue of entitlement to TDIU. If the benefit sought remains denied, furnish a supplemental statement of the case and then return the appeal to the Board, if otherwise in order."

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Fast letter 10-02 requires the board to "pay you the backpay" on the awarded benefits expiditiously, and not delay it until the remanded or deferred items are completed.  Therefore, congratulations!  

You should be getting back pay in 2 to 6 months.  (The RO's are way behind the BVA and its taking longer.  Of course, all delays seem to ONLY affect Vets..there is "no such thing" as VA empoyee checks being delayed).  

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Thanks for the reply broncovet,

After 30 years of battling the VARO, maybe now things will finally come to a close. I doubt it though.

One thing I have learned to do for my own sanity is to expect the longest time it will take for the VARO to complete whatever they're working on for me. And, I always use timeanddate.com to calculate said future date minus any holidays and weekends. You know 2 to 6 months is really 3 to 9 months. LOL

As far as VA employee checks, the shutdown doesn't effect them either. From vets.gov: "Important Note for Veterans and VA Employees The Department of Veterans Affairs is fully funded for fiscal year 2019 and remains fully operational during the partial government shutdown."

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Hey Jamezam,

I am currently in the same boat as you!  I have a partial grant with 2 remands from may of last year.  During that time I have contacted the regional office-800-VSO-and the BVA with no luck.  Within the last two week I have reached out to both of my congressman, the white house hotline and all the previous with the  10-02 Fast Letter.  I will reply back with any update as to what works if it does (hoping the squeaking wheel gets greased)  

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Good luck with that. In the past I’ve written three congressional people and President Obama. 

No one cares about us Veterans once we’ve completed our active duty service. And, when you hear politicians being incensed about the way us Veterans are treated, it’s complete bullshit, especially since they make the laws. 

The fact is, Congress and the VA know exactly how we’re being treated and it’s all done on purpose. VA compensation can be viewed as insurance, and we all know insurance companies will bring out every dirty trick they can to avoid paying out claims.

Congress and the VARO’s have no shame, no empathy, and are guilty of the death of 1000’s of Veterans, guilty for the lack of respectful treatment of Veterans, and guilty for making us believe they’re working on our behalf.

If you’re an employee of the VA, work in a VARO or a congressional person, and you are offended by my comments. Good, you should be…

Am I jaded, of course, after 30+ years I have zero faith in the VA, specifically the compensation piece of it. All I can do, is keep fighting the battle!

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On 1/26/2019 at 4:28 AM, shrekthetank1 said:

Hey Jamezam,

I am currently in the same boat as you!  I have a partial grant with 2 remands from may of last year.  During that time I have contacted the regional office-800-VSO-and the BVA with no luck.  Within the last two week I have reached out to both of my congressman, the white house hotline and all the previous with the  10-02 Fast Letter.  I will reply back with any update as to what works if it does (hoping the squeaking wheel gets greased)  

shrekthetank1 out of curiosity, which VARO is handling your BVA grant and remand? And, any reason they’ve been sitting on the BVA decision since last May?

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My fellow Veterans, for what it is worth, here is some information about BVA decisions, remands, and the VA's ideas of "expeditious". 

Remanded appeals are among the oldest cases and must be worked on a priority basis PL 103-446, Veterans Benefits Improvement Act of 1994, mandates that remanded appeals be given special attention and expeditious processing.

Harvey v. Shinseki, Jan 25, 2011, 24 Vet.App. 284 The Court found that the VA Secretary’s failure to expeditiously handle (the veteran [did not] receive a final answer on his remand until two years after the issuance of the Court’s decisionits June 10, 2008, remand order, as required by 38 U.S.C. § 5109B and 7112, met all elements necessary for him to be held in civil contempt.  Having found contempt, the Court sanctioned the Secretary and ordered him to pay reasonable attorney fees.

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