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rockerson

Implementation of BVA grant

Question

I was granted eed to many years back by BVA.  It was then sent back to VARO for rating and implementation.  They lowballed me, paid retro,  and then we appealed that lowball rating.

If  VARO implements all BVA decisions, how would BVA word a grant?  Would they just say original rating was too low and send it back to VARO for another higher rating or would BVA determine a percentage for VARO to implement?

 

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Im not quite understanding your question.  

The VA processes claims in THIS order:

1.  First comes service connection or lack therof.  They proceed "no" further if you lack SC.

2.  Next, once SC is established (step 1) is the disability percentage.  

3.  Only after the first 2 are established, will the VA consider an effective date.  

     So, if you appealed the effective date, you would have already had SC and had a disabity percentage established.  Had you disputed the disability percentage, you would have need to appeal THAT in whichever decision established the disability percetage.  Had you not appealed the disability percentage timely, its too late, as it needs to be disputed within a year.  

     The way you explained it was that you got an earlier effective date, then you appealed the disability percentage.  That is backwards.  

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If you were denied service connection and then the BVA says, 'hey, grant service connection,' the RO could go as low as 0%. So if you're not happy with the %. You have to appeal, then if denied; go back to the BVA. Same with backdate. I was granted but denied a better backdate. My case went to the BVA just for a better backdate. 

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