bva awarded claim

[michael09070]

ok guys so i called the va yesterday and they told me im kind of in a bad spot on my award becase 5 claims were granted and 7 are in remand and he told me i wont get my award on my 5 granted clain until the remanded issues are done whitch is 16 to 29 months, i must say way to pour cold warter on a guy thats been fighting for over 10 years. anyone have any good news for this tired vet. 

[broncovet]

Yes I have good news.  Thse va employees are lying.  There is a fast letter out that prohibits partial grants being delayed.  https://hadit.com/implementing-bva-partial-grants-fl-10-02/

Edited May 20, 2020 by broncovet

[michael09070]

i was  hoping they were wrong but its been 6 moths since my claim was awarded and its starting to look like the va was right sad to say. I have been unable to contact my pva rep ive been trying for a month but no response. i know they say the backpay dont stand in the way of decisions but ive been 100% disabled from my multiple sclerosis and secondary issues since jan 2011 and my claim  officially started in may of 2011 so im sure they dont want to pay me. its sad to say but my 10 year fight is wearing on me and i just want to put this mess behind me. So at this time i have to believe my granted claim will not be finished until my remaned issues are settled in the next 2 or 3 years. 

Have you ever wanted to be wrong...I know i want to be but my gut tells a different story

[kanewnut]

2 hours ago, michael09070 said:

contact my pva rep

Have you sent them a copy of the fast letter? I scanned through - 

 

On 5/20/2020 at 5:47 AM, broncovet said:

https://hadit.com/implementing-bva-partial-grants-fl-10-02/

There are several things listed in here to also do. Don't give up. Many of us are having very long fights. 

[michael09070]

i cant open any letter and i looked up fl 10-2 with no luck, so i really dont understand thr fast track part, if you could explain a bit i would appericate it 

 

[pacmanx1]

Unfortunately you are not the only veteran in this current situation. It is very frustrating after fighting VA so long and finally getting a BVA grant and then have to wait for your award letter.  It is even worst after getting your claim granted by BVA then the local VARO low ball your rating or screw up your effective date and having your claim go back to BVA again for correction. It all depends on how your claims were granted and remanded. If your granted claims are stand alone without any secondary issues then VA can process them and implement them but that doesn't mean they will. If your remanded claims have any connections to any of your granted claim then VA can/will hold up your retro payment until the remanded portion are completed.  Even though your granted/remanded claims are supposed to be expedited. VA will use the excuse that your remanded claims has to wait their turn in order to be processed. Keep in mind that BVA generated this fast letter to get the local VARO to process your granted/ remanded claims sooner than later to not cause any more undue hardship for veterans waiting for their claims to be decided but as you can see on the BVA docket that there are thousands of claims on appeal and thousands on remand. There are times when a veteran can contact his/her representative but depending where their claims are located in the system, VA will just tell the representative that it would still take time due to the number of claims before theirs in line of order by date.  As you can see the fast letter does not mentioned/address remanded claims. If there is a way around this please let me know? I would be very interested in hearing it.

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

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 decision maker 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

 

  

 

 

 

 

 

 

 

Edited June 2, 2020 by pacmanx1

[kanewnut]

18 hours ago, michael09070 said:

i cant open any letter and i looked up fl 10-2 with no luck

This is the letter copied from the older posts that carlie had posted -

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

 

The post mentions contacting OGC, I think this is office of General Counsel. The post also mentions the BVA  ombudsman, but I don't know anything about that. 

The post mentions - 

38 U.S. Code § 5109B. Expedited treatment of returned and remanded claims

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.

Hope this is helping. If not let us know, we'll keep trying.