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BVA Grant


Krichards

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Hi just wondering if anyone has had a problem getting there BVA grant issued. I was granted IU 14 NOV 2018 still havent seen anything. AMC sent me a decision letter on accident with all my BVA grants. Which i was told was a preliminary letter and I wasnt suppose to get. Ive had congressman help and they are not having any luck getting the VA to issue grant even when a decision was make July of this year. My file was flashed for hardship last year and still no luck with them even giving me a partial grant. If anyone has any advise it would be greatly appreciated.

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My advice is to do the following in this order, until this is resolved.  

1.  Send an IRIS email, and store a copy of their response, or lack therof, on your computer, not on VA computer system.  (Along with your "question").  Detail the problem facts, but dont make it 18 pages long.  Summarize it into 1 or 2 pages max. Be spefic.  For example, the BVA decision dated 14 nov 2018 said, "Service connection for tdiu is granted".   The VARO has failed to implement said decision in spite of requests to do so.  

2.  Call 1800 and ask the same question, document who you spoke to and when and their response.  

3.  Call the White house hotline and inform them of the issue.  

4.  After all the above is documented, and sufficient time allowed for VA to respond, file a writ of mandamus to compel VARO to comply with the Board decision you received.  

Edited by broncovet
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Great advice Broncovet-

one question:

You got a grant from the BVA but did the BVA remand the claim for something else?

Still the RO is supposed to make awards, even if they are only partial BVA awards)

Personally I would try this first_=- Send them this Fast Letter and ask them to applyit to your BVA award:

 

"DEPARTMENT OF VETERANS AFFAIRS Veterans Benefits Administration Washington, D.C. 20420

January 6, 2010

 

Director (00/21) All VA Regional Offices and Centers

In Reply Refer To: 211B Fast Letter 10-02

 

SUBJ: Implementation of Board of Veterans’ Appeals Decisions

 

Purpose

This fast letter provides clarification of the existing procedural guidance for implementation of Board of Veterans’ Appeals Decisions. The instructions provided in this fast letter supersede all prior guidance on this issue.

 

Background

It has come to the attention of the Board of Veterans’ Appeals (BVA) and the Compensation and Pension Service that there is inconsistent processing of claims involving implementation of BVA decisions with partial favorable findings.

It was determined that some regional offices (ROs) were delaying implementation of these BVA partial grants until expiration of the 120-day period within which a veteran may appeal to the United States Court of Appeals for Veterans Claims (CAVC). Delayed implementation of favorable BVA decisions is inconsistent with the Department’s long standing pro-veteran position and unnecessarily delays payment of benefits to the claimant.

 

Procedures

 

Grants and Partial Awards

ROs are required to review all files returning from BVA to determine the type of action to be taken.

ROs must expeditiously implement favorable decisions rendered by BVA in all cases, including those decisions that may also contain unfavorable findings subject to appeal with CAVC.

 

For processing purposes, a partial grant or an increased evaluation less than the schedular maximum available is considered a “favorable decision.” Partial grants rendered by BVA are subject to expedited processing.

Although a claimant may elect to appeal the evaluation assigned by BVA and continue to pursue an increased or total evaluation for the same disability before CAVC, the partial grant should still be implemented immediately.

 

In many instances, the claims file will not be required to complete the grant or partial grant of benefits ordered by BVA.

If a decisionmaker needs the claims file to accurately comply with the BVA mandate, he or she should follow the instructions regarding locked CAVC files provided in M21-1MR, section I.5.J.48.e.

 

Denials

Denials of entitlement to benefits rendered by BVA should continue to be processed in accordance with the procedures outlined in M21-1MR, sections I. 5.G.33.c and d.

Questions

Questions concerning this fast letter should be e-mailed to VAVBAWAS/CO/ 21FL.

/S/

Bradley G. Mayes Director Compensation & Pension Service"

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I would attach it to the IRIS complaint .

I am sure it is here and at the VA web site, maybe as a pdf. But weather is affecting my satellite- Our links here to it do not work so this is from my PC . This part applies to you:

"Grants and Partial Awards

ROs are required to review all files returning from BVA to determine the type of action to be taken.

ROs must expeditiously implement favorable decisions rendered by BVA in all cases, including those decisions that may also contain unfavorable findings subject to appeal with CAVC."

As far as I know this Fast Letter has never been rescinded or changed since 2010

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The judge granted the following issues:

  • 100% rating for individual unemployability
  • Effective date, rating
  • Effective date, service connection
  • Effective date, rating
  • Effective date, service connection
  • Service connection, Brain disease due to trauma
  • Remanded
  • Increased rating, Arthritis due to trauma
  • Service connection, Hearing loss
  • Service connection, Loss of one eye
  • Service connection, Migraines

The TBI and Migraines are connected AMC said is why its taking so long. I have congress and senator office working to figure it out but no luck. On my VA.gov site lawyer Fee is showing up under Comp and Pen?

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Great post Berta...I had looked for that fast letter for partial grants and could not find it.  

According to Hill and Ponton, all claims are handled at just 2 VARO's, and the other 55 VARO's handle appeals.  

As I have explained many times, ebenefits and va.gov are unreliable.  Did you receive the actual paper decision?  If you just saw it on ebenefits, you are spinning your wheels and going nowhere.  Wait till you get the envelope.  

https://www.hillandponton.com/is-the-new-va-appeals-ama-system-better/?utm_source=ActiveCampaign&utm_medium=email&utm_content=Has+the+New+VA+Appeals+System+Been+Better+for+You%3F&utm_campaign=4th+Week+of+October+2019

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I did get a decision letter from AMC early Aug. I called them after I received it and come to find out they sent me a preliminary decision letter. But im in Voc rehab and they called me days later to inform me of my IU status. Here is what is in my VOC rehab counselor system.

You were determined IU in July I believe the notice stated.

Veterans determined IU thru VAMC/disability = unemployable

SO Ive been contacting my Congressmen for help because one side of the VA is recognizing my IU which I havent been compensated for at all. His office is saying its with Senior Rater and its been siting there for over 120 days. Ive had my Lawyer fee recalculated twice. Once in July and now in Oct.

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