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hume0351

Partial bva grant implementation

Question

Has anyone had a bva partial grant implemented yet within the last year. May 1st I had a partial grant for my left shoulder and my PTSD remanded. September I was told I was rated at 20 percent for shoulder with retro going back to Jan 2012 by my rep. Peggy even slipped up once and told me my rating, just pending authorization. That was in Oct. Anyone else in the same boat? I haven't had any implementation st all. Nov 28 I received a letter stating my RO has started on my remand. I'm hoping they aren't going to finish my remand before paying me anything.

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I'll look into a writ of mandamus and bring it up with my rep. Then go from there. Thanks for the info vetquest.

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Always wondered if the VARO's took those Fast Letters seriously at the operational level, or if the rating employees just hung them up on a bulletin board somewhere and forgot about them...…...along with all of the other regulations that they are supposed to adhere to.

 

Mark

 

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On ‎1‎/‎24‎/‎2019 at 7:37 PM, hume0351 said:

Has anyone had a bva partial grant implemented yet within the last year. May 1st I had a partial grant for my left shoulder and my PTSD remanded. September I was told I was rated at 20 percent for shoulder with retro going back to Jan 2012 by my rep. Peggy even slipped up once and told me my rating, just pending authorization. That was in Oct. Anyone else in the same boat? I haven't had any implementation st all. Nov 28 I received a letter stating my RO has started on my remand. I'm hoping they aren't going to finish my remand before paying me anything.

Welcome to the Remand boat.  My BVA award for scarring at 30% has been awarded and has passed the 120 day window as my VSO told me and said it has been with the RO since October.  I have heard every excuse on why they have not done it and I have sent the Fast Letter and I am almost sure they just laugh at it.  We are both at the 7 of 17 month wait for the remand to get started and completed.  As of right now with this change I am pretty sure it will come with the Remand.  You know the awesome thing about my remand is all they want is and update from my offsite therapist and a new physical exam of Dercum's disease.  I already got the update for the therapist and sent the release in.  As for the disease it is a progressive disease and will only get worse, and they have access to my medical records and can see my 3-4 surgeries a year.  

So now a 1+ year wait for someone to fax my updated therapist records and 20 minutes with a doctor to see I have hundreds of lumps under my skin and have had 130+ removed.  

Sorry for the rant, just got to keep bugging everyone and maybe get lucky while still facing the reality it will be a year or 2.  I will update if there is any change.  Keep up the good fight!

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Finally!! Ebenefits shows my new ratings and my letter has been mailed. Should have retro very soon... hopefully.

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That's awesome.

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    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
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      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

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    • Precedent Setting CAVC cases cited in the M21-1
      A couple months back before I received my decision I started preparing for the appeal I knew I would be filing.  That is how little faith I had in the VA caring about we the veteran. 

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      The document I created has about 200 or so decisions cited in the M21-1.   Considering the fact that there are more than 3500 precedent cases out there I think it is safe to assume the VA purposely left out decisions that would make it almost impossible to deny veteran claims.  Case in point. I know of 14 precedent setting decisions that state the VA cannot ignore or give no weight to outside doctors without providing valid medical reasons as to why.  Most of these decision are not cited by the M21.

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      M21-1 Precedent setting decisions .docx
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