BVA Grant Wait time....

[LJM]

March 2010 claims filed 

2011 NOD 

Jan 8, 2019 BVA Judge

June 10 - 4 grants, 3 remands, 3 denials 

This whole wait is because the Atlanta RO couldn’t determine whether my husband, a SSG in 1st RGR BN ever served in combat for service connection. Baffles me to this day. Nonetheless, almost a decade into this I am finding that the retro for the grants will take at least another year or more. I am curious as to anyone who can shed some light on their experience and or timeline. 
We do not have a lawyer. The American Legion is who represented him. We were told law offices slow you down in the process by many veterans. The American Legion has sent his denials to a law firm that has contacted to help with that part of the BVA decision. We have contacted them to see if they have any insight to a timeline on the grant decisions and they said no. All leads resort back to the general Atlanta RO and they are never helpful. 
Thank you for taking your time to read this. 
 

[ShrekTheTank]

16 minutes ago, LJM said:

I’m sorry to keep asking the same questions as I am new to fast letters and IRIS and all this. 
I wanted to ask to clarify.... again 

The fast letter is the 10-02 that is sent as it is already written to the RO email that was already provided. Is there anything that my husband has to write? Does he only send the 10-02 fast letter as is? OR Is he to change anything on this letter pertaining to him? OR just attach the fast letter with his basic info for the RO to attach it to his claim? 
Should he still send a IRIS email at this time?

When he calls our congressman does he just let them know he has emailed a fast letter and that is that? 
 

I do apologize because I am paying attention, yet I am confused as to what needs to be with the fast letter altogether. 
 

Thank you all for being patient with me. I‘m more than happy to offer my contact number to anyone just Incase. 
LJM

As for the congressman, You can let them know.  The important part with them is to give them the information and let them reach out to the VA through their contact to get it resolved.  Once I got them to call me back it was resolved within a week and a half.  I called once a day and I was very nice and kept going until I got the person with the pull to get it done!  Remember these people are under crazy stress so make sure you treat them well and they will do that same back.  I made sure to call mine after I had received mine and let them know he did a great job!  I think that is important!

[Fat]

First, congrats on the grants. Next, the grants (payments) based on evidence or C&P exam are forthcoming. The wait is unbelievable, but the resolution is forthcoming.

Stay strong, prepare for the remands, and stay positive.

NEVER GIVE UP...............

[LJM]

Thank you, Fat! Only took 9 years to get those 3 grants. LOL 

[Berta]

He should send the VARO a copy of his BVA award, and a copy of the fast letter, and in a cover letter, ask them to apply the Fast Letter to his BVA award.

Maybe he could do that via ebenefits- I am not sure-and I forget if IRIS accepts attachments.

If he uses snail mail he should get a proof of mailing. 

Writs of Mandamus-they can be an effective TTOOB ***

I filed a Mandamus writ long ago, knowing the court would deny it ( I paid the filing fee but a vet shouldf always ask for the filing fee to be waived.

In those days lawyers would get  contact info for the writ claimant of the CAVC web site, and contact the claimant. I got 15 or more letters from lawyers and a few calls- but when they heard it was a Mandamus writ ( they could not tell from the filing in those days) they didnt want to get involved- most Mandamus writs are denied-but sure not all of them- so no retro assumed- no lawyer interest...BUT

One of the lawyers who called me was Ken Carpenter,one of the best vet lawyers around.

He was disappointed it was a writ but we  talked for over a hour about VAOLA.He said he would want to rep me ifI got denied again on one of my pending claims.

The writ I filed was denied but the VARO started to work on that claim, and awarded soon after-

*****Still a  writ, even denid by the court,  can be a tactical warfare maneuver that I call a TTOOB

"Take Thumbs Out Of Butts."

 

I dont think you need to consider Mandamus here- the IRIS complaint or email to their director or VSCM should work.

 

[LJM]

Thank you 

I know the VARO has a copy, but we will send it anyways. 
So, email a copy of BVA decision. A copy of the 10-02 Fast Letter. A cover letter asking to be applied to BVA Reward. 
 

Got it 

The fast letters are basically pre written documents as pertaining to the veterans issue that explains the purpose of why. That is what I was being sure of. You answered everything for me. For now, lol. I’m probably the most annoying person on here. Just always need to be absolutely sure when it comes to the VA. 

[ShrekTheTank]

56 minutes ago, LJM said:

He has 3 grants 

Remands and Denials 

We don’t have a lawyer, yet there is a law firm that has contacted him for the denials that were sent from the American legion after the BVA decision was made. The American Legion represented him at his hearing in January. Other than that he has pretty much been solo and had little to no help. Basically, put his whole 300 page packet together himself. 
Right now we would like the grants to be rated and retro rewarded. 
I assume the remands will be years. The VA site shows that he is about 30,000 in line for that alone. 
He is doing the FL ,and IRIS if needed also, on Friday. I am gathering all that he needs as best I can and you all have been great!! Thank you again! 

Hi LJM,

It is great you have done this all on your own!  We can help you push it to the finish line.  You are in the right place to make that push!  

I am at 27000 area of the appeals process.  My appeal is at the stage of getting my Rep to write a brief and then send it back to the law judge.  

So for your claim no it should not take that long at this phase.  You have done the waiting and it is now you should push.  

Here is what I have done and it has worked.  Each phase I continue to call and make sure they know I am still here!

Once I know I was granted I called and started to let them know I had seen the grant and wanted to know when it would get applied.  It took me 8 months figure out to call everyone and finally got the congressman to help me.  Now my remand is back the judge and I have let the VFW know I will call each week until my brief is submitted to the judge.

I then called the BVA and let them know the brief would be completed in the next two weeks.  They informed me my number would put me to the front of the line and as soon as it comes in I should hear something with two weeks and if not then to keep calling until it was resolved.  

What I am saying is keep pushing and this stage does move much faster once you are here and by calling you are keeping them aware you are waiting!  It has worked for me so I will keep going at it until I am finished!  

Keep fighting!  you got this!