Confused... Can someone help please

[TMannfish]

I was granted IU in April 19 after a hearing with the VLJ in Novemeber 18.  1 appeal was granted and 1 appeal was remanded.  I still have heard nothing on the grant of IU but 2 days ago I called the DAV and they said that it looks like my case has gone to the AMC, Appeals Management Center. THis is where I am confused.   Is only the remand at the AMC or is the grant also there???  From what I have researched it looks like only the remand goes to the AMC.  Who will make the decision and do the paperwork on the grant?   

I emailed IRIS today to see if they could offer any insight into the grant and maybe a time line on where it is and how much longer... Anyone that has any input please offer it up!!  I know this is a waiting process but I am so frustrated with all of this.  Thank you all!

[Bwaveteran]

Yeah, when my BVA appeal was granted/ remanded in Sept 2018, it was sent to the AMC. 

I didn’t get my award til June 6. The remand was for IU but, it was retroactive effective and deem moot since the grant put me at %100.

I thought the same thing for awhile and never got any true answers until I got my award. Whole time I thought it was sent back to the AOJ ( TX) but, it was at the AMC, go figure.

What they have been doing lately is is working the remand before implementing the grant. Which shouldn’t be that way.

what issue is being remanded?

Edited June 28, 2019 by Bwaveteran

[broncovet]

The VA put out a memo several years ago, where they required Va to "pay the Veteran" for "partial grants" right away, and not to wait for the remand results, in the event of a partial grant, partial denial, partial remand.  

This said, if VA fully complied with all regulations, including this one, we would not have need of a BVA or CAVC.  

I dont see the BVA or CAVC going out of business any time soon.  

The Va is supposed to give remands "expiditious treatment"...remember this is when the VA messed up, and neglected to comply with one or more regulations.  

Unfortunately "expiditious treatment"  means something entirely different if you are a Veteran, or a VA employee.  

If you are a VA employee and there is a mess up of your pay it will be corrected by the following payday (2 weeks) or else!!!!!!!!

If you are a Veteran, expiditious treatment means when the VA gets a "round tuit", which can be a year or more.  Maybe you should mail the VA a "round" tuit, and tell them that now that they have "a round tuit", they need to do your claim and pay you.  

I suggest you call the white house hotline.  The VA is (again) in trouble with congress, this time, for firing a whistle blower against regulations.  (There is not supposed to be discrimination and firings of whistle blowers).    The VA currently does "exactly the opposite" of this regulation, why?  

    Because they can.  They have 0 accountability.  

    Individuals really dont want to take on the VA and the powerful union.  

    The new Supreme court decision, Kisor, may help a little.  Prior to that, Chevron defernce meant the VA "interprets its own regulations".  

    So, the VA interprets the court's mandate of  "expiditious treatment" as maybe in the next several years or so, if they feel like it, after all VA employees are paid, and, of course, all VA parties are fully funded as well as all corrupt contractors doing business with VA are paid.  

    My advice is to contact the white house hotline, first.  

    

[TMannfish]

43 minutes ago, Bwaveteran said:

Yeah, when my BVA appeal was granted/ remanded in Sept 2018, it was sent to the AMC. 

I didn’t get my award til June 6. The remand was for IU but, it was retroactive effective and deem moot since the grant put me at %100.

I thought the same thing for awhile and never got any true answers until I got my award. Whole time I thought it was sent back to the AOJ ( TX) but, it was at the AMC, go figure.

What they have been doing lately is is working the remand before implementing the grant. Which shouldn’t be that way.

what issue is being remanded?

 I had 2 appeals that were heard by the VLJ.  1 was granted from my original service connected injury from 1991.  I have been getting compensation from this since 1993.  I filed for IU in 2012 and was denied.  The judge granted the IU in November 2018. 

The remand was a claim for PTSD.  It was originally denied in 2012 also but the VLJ remanded it with her ruling in November 2018.  So I am waiting on retro and compensation change on the 100% IU for the service connected injury and the remand on the PTSD. 

[TMannfish]

19 minutes ago, broncovet said:

The VA put out a memo several years ago, where they required Va to "pay the Veteran" for "partial grants" right away, and not to wait for the remand results, in the event of a partial grant, partial denial, partial remand.  

This said, if VA fully complied with all regulations, including this one, we would not have need of a BVA or CAVC.  

I dont see the BVA or CAVC going out of business any time soon.  

The Va is supposed to give remands "expiditious treatment"...remember this is when the VA messed up, and neglected to comply with one or more regulations.  

Unfortunately "expiditious treatment"  means something entirely different if you are a Veteran, or a VA employee.  

If you are a VA employee and there is a mess up of your pay it will be corrected by the following payday (2 weeks) or else!!!!!!!!

If you are a Veteran, expiditious treatment means when the VA gets a "round tuit", which can be a year or more.  Maybe you should mail the VA a "round" tuit, and tell them that now that they have "a round tuit", they need to do your claim and pay you.  

I suggest you call the white house hotline.  The VA is (again) in trouble with congress, this time, for firing a whistle blower against regulations.  (There is not supposed to be discrimination and firings of whistle blowers).    The VA currently does "exactly the opposite" of this regulation, why?  

    Because they can.  They have 0 accountability.  

    Individuals really dont want to take on the VA and the powerful union.  

    The new Supreme court decision, Kisor, may help a little.  Prior to that, Chevron defernce meant the VA "interprets its own regulations".  

    So, the VA interprets the court's mandate of  "expiditious treatment" as maybe in the next several years or so, if they feel like it, after all VA employees are paid, and, of course, all VA parties are fully funded as well as all corrupt contractors doing business with VA are paid.  

    My advice is to contact the white house hotline, first.  

    

I was afraid that they would do the remand before doing the IU.  I will call the hotline today and see if they can get me somewhere... Thank you 

[Bwaveteran]

Yeah, call em. I was 3 sheets to the wind when it was all said done.

PTSD granted IU remanded for my case....took 10 months to resolve.

They gave me %70 from 2011 and retro the date for IU to 2013, then increased the  rating to %100 back in May2018,P& T...I had to read my award letter 10 times to make sense of it all.

prior I was %20 for lumbar strain in 2015. 

Edited June 29, 2019 by Bwaveteran

[vetquest]

Remands with grants are supposed to have the grant made while the remand is being processed.  That is in a world where the VA follows the regulations congress puts forth.  In the real world the grant is withheld until the remand is finished.  It makes less work for the VA this way.  Did you have a lawyer handling the case for you?  My lawyer filed a writ of mandamus and the VA got right on it.  Having a lawyer sometimes comes in handy.