Back pay timeframe after winning appeal?

[Backpay]

Hello,

Dec 5th I won 2 parts to my appeal and had 1 remanded. 1 of the disabilities awarded is tinnitus. On the VA.gov website it says that it should take 1 to 2 months for the new disability rating to be reflected. It's been over 2 months and nothing. I called the national number and they could only say it was at my RO (that was a month ago) , I contacted my VSO who didn't know anything either. How long does it normally take? I'm going to be out of work for 4 to 6 weeks because of surgery that I have next week.

 

Thanks

[Backpay]

Some more relevant issue regarding word expeditiously.

https://www.federalregister.gov/documents/2019/01/18/2018-28350/va-claims-and-appeals-modernization

N. Comments Concerning § 3.2502—Returns by Higher-Level Adjudicator or Remand by the Board of Veterans' Appeals

 

 

Several commenters expressed confusion over the inclusion of the term “adjudication activity.” VA agrees that our use of this term in the proposed rule was confusing. Accordingly, VA revises § 3.2502 to use the term “agency of original jurisdiction” throughout the final rule. Similarly, commenters requested further clarity on what it means to “take immediate action to expedite readjudication.” The AMA amended 38 U.S.C. 5109B to state, “The Secretary shall take such actions as may be necessary to provide for the expeditious treatment by the Veterans Benefits Administration of any claim that is returned by a higher-level adjudicator under section 5104B of this title or remanded by the Board of Veterans' Appeals.” VA agrees that clarification is necessary and revises § 3.2502 to more closely mirror the statutory language. The statute does not further define what is meant by Start Printed Page 147“expeditious,” leaving timely treatment of claims to the Secretary. Clearly, Congress intended that VA would process these claims as expeditiously as possible depending upon available resources. VA will similarly not further define “expeditious” in the rule to provide the Secretary the discretion to direct expeditious processing of actions through allocation of available resources, appropriate prioritization of workload, and issuance of procedures.

[Backpay]

I have been giving this more thought. Monday I am going to my congressmans office since I have surgery Tuesday and will be out of commission awhile. 

The more I think about this and research it the more I realize how wrong veterans are being treated by the VA and how they don't even try and hide it.

Aside from my grants which should be super easy for VA to do, the VA website says remands typically take the veterans benefits administration (agency of original jurisdiction) 16 to 29 months to complete. So if a new claim takes 82.4 days to receive a decision and federal regulation requires claims going back to VBA from BVA to be handled expeditiously this clearly shows a violation of regulation and our due process rights. 

I've been trying to reach out to a lot of people over last day or so, hopefully something comes of this so all Veterans will have their claims handled properly and in a timely manner.

[Guest]

4 hours ago, Backpay said:

I have been giving this more thought. Monday I am going to my congressmans office since I have surgery Tuesday and will be out of commission awhile. 

The more I think about this and research it the more I realize how wrong veterans are being treated by the VA and how they don't even try and hide it.

Aside from my grants which should be super easy for VA to do, the VA website says remands typically take the veterans benefits administration (agency of original jurisdiction) 16 to 29 months to complete. So if a new claim takes 82.4 days to receive a decision and federal regulation requires claims going back to VBA from BVA to be handled expeditiously this clearly shows a violation of regulation and our due process rights. 

I've been trying to reach out to a lot of people over last day or so, hopefully something comes of this so all Veterans will have their claims handled properly and in a timely manner.

Expeditiously: Merriam-Webster Definition marked by or acting with prompt efficiency.

Expeditiously: Veterans-Administration Definition marked by whenever VA can get to it.  With all the mandates of processing new claims and any other special claims you are looking at a very short time.  Some of us got granted BVA claims and it has been a lot and I mean a lot longer than five months with no retro pay, no Iris response, no nothing from our VARO and Peggy,  she/he is as helpful as the commercial Peggy.

[broncovet]

Its all about a "general disrepect" for Veterans by VA employees.  

When it comes to VA employee checks, now those are handled expiditiously.  If there is a mistake in your VA employee check, expect it to be resolved by the following payday..or else.  

However, when Vets checks are late, inaccurate, or missing, the VA posits, "Who cares? We will get to it when we get to it and not one second sooner".  

They must have some good, fast efficient and detail oriented employees who process VA employee paychecks.  

Those that process Veterans checks are lazy, inefficient, uncommunitave, incoherent, and bitter.  

We need to force congress to link "VA exec bonus" so that ZERO are paid until all Veterans are paid.  

Lets put those great employees who process employee pay to work on Veterans payments, and the lazy, inefficient, bitter and uncommunitave employees should work VA employee checks.  Watch Veterans backlog disappear when VA exec bonuses are linked to Veterans speed of payment.  

In the "real world" (non VA), that is what happens.  If you want a bonus, then give excellent customer service.  In VA, if you want a bonus, do favors for those who decide bonuses, or "have something" on them, such as know that he is "taking from the till".  

Edited February 23, 2020 by broncovet

[Backpay]

Yes it's totally rediculous. I read another thing that I can try as well. I plan on faxing over a demand for action letter on my claim.

We really shouldn't just give up and on this and we should keep calling Peggy and our representatives bringing up this violation of our due process. If I have to follow the law a Federal regulations why doesn't the VA? Is it's excuse they are understaffed? Well maybe I'm to busy to pay my VA co payments? Definitely a double standard.