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Fast Letter 10-02 hard to find online


pacmanx1
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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
Complete 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.

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Tbird I posted this here because when I go to fanaticbooks post it won't come up when you click on it.

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