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BVA Desicion Unclear

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Desertsun

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I am new to HadIt, thank you all for being so helpful and to the creator of the site, this platform is truly a blessing, God Bless You and your Family. I found this site while researching before my appeal. I recently had my BVA hearing and received my decision. I am unsure how to read the decision but I think it's a decision to grant my PTSD and MDD claim. I have attached a couple of pages for review. I am hoping maybe someone here can shed a little more light. I spoke to my VSO officer and he thinks they have been granted but says I should wait to be contacted again by the VA. Incidentally, my regional office is St Petersburg. Thank you for any assistance/clarity that can be given.

 

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9 minutes ago, Desertsun said:

I have attached a couple of pages for review.

Hi Desertsun,

The last line of your third link says Service Connection is Warranted.

Assuming no other pages after that countermand that statement, then indeed it looks like BVA granted your SC.

Some things you should note

1) the documents you posted include hidden data that seem to identify you. Consider finding out how to scrub that data before you post things on the internet

2) Granting Service Connection (based on what you posted) should not be read to mean any rating over 0%. I am not saying you won't get a higher rating, but mere Service Connection starts at 0%. The rest of that letter may say more on your percentage or it may say it is remanded to the VARO to assign a percentage. you will have to review the rest of that letter to know what else it says.

3) The BVA will send further information and I know this sucks, but please have patience as that info will come.

4) keep an eye on Ebenefits Disability Link to note when that status changes. Since the new AMA process went into effect some people have seen that update well before any letters have arrived.

5) you don't say if you have any other Service Connected rated conditions, if you do then you might be looking at nice bump in rating.

6) page 2 of what you linked notes your diagnosis in 2010 by a VA PhD.  Assuming this has been on appeal since then you could be looking at a nice chunk of retro pay. It depends on the final rating percentage minus any other rating percentage you may currently be getting paid. If this is correct you may have a bit of a delay depending on the amount of retro pay. Higher amounts take more signatures.

7) When you get the final paperwork make sure your Effective Date is back to when you filed the claim that got to the BVA.

8 ) since you did not post the full letter we really can't make any more definitive statements except to hope you get what you deserve and don't have to fight the  VA anymore.

Let us know what happens.

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The VARO will "implement" the grant.  In a BVA decision of mine in 2002, the VARO decided to "implement" my BVA award to 0 percent.  

The VA "chops up" your decision into multiple parts:

1.  Service connection or no.

2.  Disability percentage.

3.  Effective date

and, sometimes even more.  

The VA can get dependents wrong, and they may or may not give you proper eligibility to Ch 35.  

Finally, they can get SMC wrong, too.  

It gets even worse, but I wont go into those now.  (I had to appeal one of these not even on the list, above!)  

Now, this is for each condition you apply for.  

By chopping them up this way, I have had no less than 14 VARO decisions, 4 BVA decisions, and 3 trips to the CAVC, and its not over yet.  

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Thanks to all for quick replies. I have been checking ebenefits every day. I realize my decision was only 2 weeks ago so I am not getting excited yet. I do currently rate at 60%, hoping for 100%. I checked VA.gov for the decision and it is posted but states:

The judge granted the following issues:
  • New and material evidence to reopen claim for service connection, Post-traumatic stress disorder
  • Service connection, Post-traumatic stress disorder
  • New and material evidence to reopen claim for service connection, Major depressive disorder

If this decision changes your disability rating or your eligibility for VA benefits, you should see this change made in 1 to 2 months.

Please see your decision for more details.

I was a little confused but see the details in the decision letter. I was wondering how I could be identified on the internet with the information I posted? My name, SSN is not showing?

Does anyone have any thought on what it says on the 1st page? The document ws sent to me with these spots where it looks like the ink ran out. I've asked for a new copy but in te interim, It looks like there's some type of remand where it says:

"Additional development is needed, VA will be contacting you regarding the next steps"

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On 7/9/2019 at 12:00 PM, Desertsun said:

I was wondering how I could be identified on the internet with the information I posted? My name, SSN is not showing?

It is a geek thing but real easy. All files and pictures created on a computer or computerized device like modern camera's contain embedded information.

Files created or edited on a PC or MAC or Linux Distro, automatically embeds information in files, word docs, pdf's etc and it draws them from several sources, including when your registered the program, signed into a program, etc.

images can include latitude and longitude data as well as names etc.

I suggest you use you PDF program open the file and look at the properties with the file open. If your program does not show the name in the file, search google for how to find it in your file.

There is a name in there and I can only guess it is yours as you uploaded that file.

 

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Can you give us the DOcket # and Citation # of the decision?

BVA posts them fairly fast at the BVA web site. There are no personal identifiers in the decisions there.

 

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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