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BVA APPEAL SLEEP APNEA

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NAVY NC

Question

Kind of wondering if anyone has seen this before on my appeal for sleep apnea, I am confused. I had my hearing by virtual and it say the VA law judge is reviewing you claim, under compensation issues it has the following:

Appeal received March 2020

Up to date as of March 16, 2021, at 5:25 a.m. ET

Issues

 
Closed
Granted
  • Compensation issue
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  • HadIt.com Elder

I like the "GRANTED" part. You need to see something in writing. To you and I, granted would mean you wn your claim. But that doesn't necessarily compute. You still could have to do another C&P to determine the extent of your disability, or to determine your effective date for example. I'd call Peggy at 800-827-1000 and ask the rep what they can tell you.

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1 hour ago, GBArmy said:

I like the "GRANTED" part. You need to see something in writing. To you and I, granted would mean you wn your claim. But that doesn't necessarily compute. You still could have to do another C&P to determine the extent of your disability, or to determine your effective date for example. I'd call Peggy at 800-827-1000 and ask the rep what they can tell you.

Already talked to Peggy, she was very very rude, said she didn't see anything on this appeal. Said she couldn't help me, worst customer service experience ever..

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  • Moderator

Congratulations. 

Most of the time the BVA wont give you a disability percentage or effecitve date.  You will have to wait for VARO to implement that, too.

So, if you are expecting a check this weekend, better off to try to buy a lottery ticket. 

I will estimate it will be "a minimum" of 2 months before you see any money, and 6 months is more realistic.

You are gonna have to wait for the envelope, and decide if you want to appeal it. 

And that is the "good" Peggy.  The bad one makes you wait for hours and THEN tells you nothing.  Even worse.  

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Congratulations on your win.

I will rephrase what Bronco said:  This shows that the BVA granted your condition/disability . If this is the first time that this claim has been to the BVA, they will not set a rating percentage nor will they give an effective date. The BVA granted your condition, and they will remand it back to the VARO to implement that rating percentage and assign the effective date. If the BVA just grant your claim without a remand, then it still has to be returned to the VARO for them to implement and award your percentage and effective date. If/when you see on VA.GOV show that it will take two (2) months to complete their decision, just think it will take about six(6) months to a year for the VARO to implement and award your rating percentage and effective date and hopefully they will get it correct and if they do not you will have to file another disagreement on top of the one that the BVA just granted. I know silly but that is what the VARO do all the time.  Keep in mind that you will get a BVA decision granting your claim, but that decision is not a rating decision and you will have to wait for the VARO Rating Decision that comes with your percentage and effective date. The good thing is that you won your battle, the bad thing is now you have to wait for your VARO rating decision.

If I am wrong or off, you can correct me.

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