BVA Granted Appeals and Remand

[Jamezam]

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."

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Edited February 27, 2020 by Jamezam
Update to images

[ShrekTheTank]

10 hours ago, Jamezam said:

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?

It is the VFW and he had no good reason why they were waiting so long.  I am assuming because it will be like $18K.  

[Jamezam]

20 minutes ago, shrekthetank1 said:

It is the VFW and he had no good reason why they were waiting so long.  I am assuming because it will be like $18K.  

I mean what regional office is working on the BVA decision. Mine is in Seattle. I’m looking at close to $100K and if my CUE is granted a lot more $$$. 

[FormerMember]

Seattle is now a RAMP regional office and no longer does claims or appeals, Jamezam. Everything is put into the NWQ and can be adjudicated darn near anywhere. There are 10 RAMP ROs. Seattle, Waco, San Diego, Atlanta  etc. I see a lot done in Houston and Winston Salem. It figures. Just about the time I get to know all the DROs in Seattle and then they change the rules.  Oh well, now I get to know them all over the US and Puerto Rico. I see you used JohnPaul and his sidekick Cory. Good people.

Edited February 2, 2019 by asknod

[ShrekTheTank]

7 hours ago, Jamezam said:

I mean what regional office is working on the BVA decision. Mine is in Seattle. I’m looking at close to $100K and if my CUE is granted a lot more $$$. 

Sorry it is Lincoln NE.  I see them drag their feet anytime there is an amount over 10K.

[broncovet]

Great post, Jamezam.  

   I particularly liked your citation to Harvey, which seemed to answer the question of "What happens when the VARO delays the Board decision implementation", and what "expiditious treatment" means.  

    I guess the court thinks that 2 years is "expiditious treatment".  While I dont agree 2 years is expiditious, at least they used "some number", and did not leave it up to the agency to decide what "expiditious" means.  

    I recall reading decisions in the past, where the Veteran petioned the court based on delays, the court seemed to decline to answer "how long of a delay" is worthy of court intervention.  The court seemed to leave the door wide open and even mimic the VA's tired excuse, "well every claim is different, so we cant tell you how long it will take to complete your claim".  

    By "nailing the VA down" to a time frame, it opens the door for "tweeking" this time frame.  

    When I complained to the CAVC about a 5 year delay, the secretary answered with a similar non committal rhetoric:

"While we understand the Veterans frustration with the delays, each claim is different so, in fairness to all Veterans, the VA can not put a time limit on how long it takes to process a claim"...(paraphrasing).  

[vetquest]

What is the longest time

On ‎1‎/‎17‎/‎2019 at 6:43 PM, Jamezam said:

 Also, what is the shortest and longest time I can expect for grants and TDIU award/denial. 

One would hope your claim is different than mine, the longest I had to wait was ten years for TDIU.  I was approved for SSI disability, had numerous doctors letters that stated I could no longer work and had numerous buddy letters stating I could no longer make it to work on time or stay alert when I was there.  The VA stated I could still work and was not disabled from work and then attacked my disabilities stating that SC was in fact awarded incorrectly.  My SC was protected and one of my ratings was protected.  I learned to love the VA and their lack of mission.