Not fully granted

[Dalmytdaw]

I went on ebenefits today and my apoeal was still open but, a message on it stating that that vba sent me a soc explaining whyThey couldn't fully grant my appeal.. nothing on ebenefits changed, my rating nor disability. Does anyone know what that means. Not fully granted. Does that mean they gave me a partial grant or denied it.. I'm going crazy here.

Thank you for any answers you can give

[ShrekTheTank]

10 hours ago, Dalmytdaw said:

I went on ebenefits today and my apoeal was still open but, a message on it stating that that vba sent me a soc explaining whyThey couldn't fully grant my appeal.. nothing on ebenefits changed, my rating nor disability. Does anyone know what that means. Not fully granted. Does that mean they gave me a partial grant or denied it.. I'm going crazy here.

Thank you for any answers you can give

You honestly won’t know until it comes. Did you check va.gov?  My appeals have all been moved there.  Also this site gives a little more info

[smithmary614]

I checked my VA.gov status 4/12 and it said my status changed to please review statement of the case with the exact same wording as yours "couldn't fully grant". I received the SOC 4/18 and it had a decision on 5 of the 7.  They granted two increases but no to three others. Then there was a separate section of two of the other seven that were newly service connected but there was no rating to them yet. It just said an award letter would be sent under a separate cover. So as of now I'm still waiting on the increases to change in ebenefits and my retro for the two things that were increased and for a decision on thd new SC issues and their rating. 

[vetquest]

As shrekthetank stated you need to wait for the SOC to be sure but you can check VA.gov to see if they have updated that site.

[Teeuh]

How long did it take for your increases to show Mary? And for the original poster did you get any partial grants? 

[CARLOS 58]

Good evening, I came across an old posting, posted by Josephine (February 24, 2007 by Josephine) in reference to the Appeal Management Center (AMC) duties and responsibilities with remanded claims. Josephine mentions the below when it comes to the AMC processing remanded claims.

"The AMC receives all remanded claims directly from BVA. All new remands are delivered to the AMC daily. A small number of remands are unable to be worked in the AMC for various procedural reasons and are returned to the regional office of jurisdiction. For example, if a remanded claim requires a local hearing, the AMC would be unable to comply with the remand order; therefore, the remand must be worked locally. Additionally, if a remand involves an issue not related to compensation and pension benefits, the remand is forwarded to the regional office of original jurisdiction. Development of remands is initiated within 15 days of receipt at the AMC. A letter is sent to the appellant that explains how to contact the AMC, what the appellant can expect during the processing of the remand, and what is required of the appellant and the AMC. Development is completed in strict compliance with the wording of the remand order. This often requires that steps in the remand order be completed sequentially and that a VA exam, including a medical opinion by a VA physician, be conducted. Once all development steps are completed, the claims file is forwarded to the Rating Team for a decision. If any part of the remand is granted, a decision is prepared. If any part of the remand continues to be denied, a supplemental statement of the case is prepared. Often, both documents are required. Once a decision is made, accredited representatives (i.e., veteran service officers) are allowed the opportunity to review the unpromulgated decision. Following review by the representative, the file is forwarded to the Authorization Team, which processes the award and notifies the appellant.

If a full grant of benefits is possible, the award action is completed, payment authorized, notification sent, and the completed file returned to the regional office of jurisdiction. If the appeal is not granted in full, the appeal is recertified to the BVA. No claims files reside permanently at the AMC."

 

The reason I highlighted in red the part where it indicates that if the appeal is not granted in full, the appeal is recertified to the BVA, is because I recently received an SSOC letter from the AMC in regards to an appeal I submitted in August of 2007 for three conditions: Diabetes, Right knee secondary to Service connected (SC) Left knee and an increase for my already SC Left knee currently rated at 10%.

 

I had my C&Pexam performed for all three condition this past May 2019 and last week I received a Supplemental Statement of the Case letter indicating that they denied the requested increase for my left knee however the letter did not mentioned anything about my claim for SC Diabetes and SC Right knee secondary to SC Left knee. So I contacted my DAV rep which was able to access my appeal claim and he informed me that I was granted SC for my Diabetes 20% and Right Knee 10% however he told me that I must wait for the official Award  letter.  My question is, based on Josephine posting in reference to the AMC duties and responsibilities regarding remands, will the AMC then send everything back to the BVA since my appeal could not be fully granted or will they process with awarding me benefits for my now SC Diabetes and Right Knee? The DAV rep further told me that there was even an effective date for the SC Diabetes and Right knee. Please can anyone provide any clarification on this issue. or has anyone had any past experience with a similar issue. Thank you.
 

[broncovet]

Carlos:

    Welcome to hadit.  You will get more, better answers to your questions if you ask them in a "new" post, rather than in someone else's post.  Since you are new, I will answer your question, just this one time.  

    You should get compensation for the disabilities which were granted or increased "fairly soon" without waiting on the outcome of those disabilities which were denied.  There was a fast letter on that about 5 to 10 years ago, that required the VA to pay Vets for their awards, and not make them wait on the outcome of remands.   

    However, while "we" are expected to comply with all VA regualtions, the VA themselves complies with "only their regulations" which they want to, with no accountability.  

     Congratulations on your partial win, you should be getting a deposit fairly soon.  

Now, when you get a SOC that means that one or more items were denied.  You have a very short period of time to file an I9 (appeal to the BVA) after you get your decision.   So you want to file the I9 right away, if you continue to dispute denials.  The sooner you file the I9, the sooner your case is docekted and the sooner you can expect a decision.  

     Now, you do have alternatives to the I9.   One is filing a supplemental claim, especially if you have new, relevant evidence.  I have detailed which form to file in a post titled "What form to use?"