Reasons for BVA to Grant and Deny single issue?

[Confusedvet1]

Hello,

Years ago I filed a claim for a scar from surgery while in service. They granted the scar at 0% . I appealed it saying it was painful and should be rated at 10%. RO denied it so it went to the BVA who remanded it back to RO because the original exam wasn't proper and the VA didn't review records it had that were pertinent to claim. The BVA remand instructions were to review specific records and do a new exam.

I had a new exam and later received a letter from RO saying they granted me 10% but the effective date was the date of new exam. They said that is the first diagnosis of scar pain even though my records going back years show me complaining of pain which is why I suspect BVA told them to review those records. The RO decision letter stated the only used the new exam as evidence for their decision.

So it went back to the BVA and it seems they made a decision. I'm waiting on the letter but website said they granted my claim and also denied it? 

 

Any ideas on how this is possible?

 

I'm hoping it's a grant for earlier effective date and denial of an increase in excess of 10%? Anyone have any ideas on what they would grant and deny same claim?

[Confusedvet1]

I hate the VA and the games they play. I also think they have grown to hate me LMAO! 

My appeal was sitting in national cue for a long time and I had the DAV as my rep (I got rid of them for doing nothing for me, I did everything myself) and the DAV told me to stop calling the VA and that my claim was being worked. However it actually wasn't being worked at all. One of the VARO congressional liaisons was eventually assigned to deal with me and said it hadn't been worked at all and that they would personally see that it did. 3 days later I had a decision. It was wrong lol but I did get it worked. What I did was submit a iris inquiry asking for various stats on manpower and manpower allocation.

I was told new claims and appeals and legacy appeals all had different queues of being worked. Federal regulations state that claims sent back from a higher authority (BVA) to the RO have to be worked expeditiously. They also state that the VA secretary is responsible for this. So I made it clear I wanted the stats to prove they were violating it.

That's when I had my claim done in 3 days, I also have an email saying they were going to get the information requested and email it to me. That was last June. I called them last week to see what was happening and I was told that inquiry was closed so I told them reopen it because I never received that information.

Next day I got an email with a link to stats on website that I didn't ask for so I called Peggy back and told them to reopen it again and send the information that a RO director stated would be sent to me. The operator said i would never get that information but I told them to reopen it anyways.

Allegedly I also have a letter coming to me regarding the VA policy that they can't talk to you about award letters until after youve read it and that they can't email it to you until after 10 mailing days even though that cuts into your appeal time. I told them I felt it was a due process violation and that I wanted to know why that policy was in place and that if they made decision letters available immediately online it would make veterans lives easier, it would also reduce the number of calls they call center gets so it would also save the VA money. Apparently (Peggy said but couldn't tell me specifics because I haven't read it yet myself lol) there is a ton of information that the Peggy person has never seen anyone get so I'm interested to see it.

Bottom line I've made it my mission to hold the VA accountable. Even my lawyer I have representing me was surprised at my wins at BVA lol. 

 

I do love the BVA though because I do feel they do everything they can for veterans.

[Confusedvet1]

Oh and I encourage everyone to read this. It's going to be part 1 chapter 3 title telephone interviews.

https://www.benefits.va.gov/WARMS/M27_1.asp

It's literally their playbook when you call Peggy. Have you ever called and they said there system is down? It's the system that walks them through the call which is what's posted above. I've confirmed this with an operator when they said they could see my information but could document the call and that they didn't have access to their scripts.

 

I had person being rude to me when I was as calm as a cucumber. He was cutting me off and not letting me talk and trying to end the  call using scripts in the manual. So I knew all I had to do was ask for supervisor and the manual says I've the veteran is persistent they have to transfer which he did and I actually got my questions answered.

There is even a guide that talks about the 4 types of veteran callers and how to deal with each.

 

So if you haven't read it I suggest you do.

[Confusedvet1]

Oh and if anyone talks to their congress person I suggest asking them to make a rule that retroactive pay should be paid at current amount. Not only will it make it easier for VA to calculate it, it would also make sure veterans aren't getting short changed because of inflation. Had they paid you in beginning the money would have more spending power. By having to wait years and years you effectively lost that spending power since they calculate it based on the rage changes during the period they didn't pay.

[Mr cue]

I can't agree more this remand is driving me nuts. 

I was thinking the same thing it take 10 days to get letter which is cutting into your appeal time.

I have not got one letter from ro what If I want to include evidence before decision or soc.

Doesn't seem right letter send 12and13.

I ain't got either. Now when my case was at cavc letter was here in 4 days. I think they both in Washington DC. Smh

[Confusedvet1]

7 minutes ago, Mr cue said:

I can't agree more this remand is driving me nuts. 

I was thinking the same thing it take 10 days to get letter which is cutting into your appeal time.

I have not got one letter from ro what If I want to include evidence before decision or soc.

Doesn't seem right letter send 12and13.

I ain't got either. Now when my case was at cavc letter was here in 4 days. I think they both in Washington DC. Smh

The official policy says they can't talk or send it to you before 10 days because of privacy act. Doesn't say what privacy act or why privacy would matter if they can email it after 10 mailing days (Monday through Saturday) . But don't tell them they sent it to wrong address or else your 10 days starts again when they mail it to correct address lol. 

I was just on VA website about stats and I went to the page that talks about the time to get an initial decision for fully developed claims and traditional claims. There is a blurb that says if you do FDC you will get a decision sooner ( I was looking because claims handled expeditiously should be faster then this since the veteran has waited longer then new claims) . Funny thing was the average time for a traditional claim was 3 days faster then a FDC claim.

 

So basically that means if you file a claim traditionally your not saying all the evidence is in the claim you submitted. That's important because at that point the VA has a duty to assist your claim. Meaning they have to look at your records they have access too.

A FDC claim is you saying that you're ready for a decision and you have submitted all the evidence needed.

So how you make a decision faster when your supposed to help the veteran essentially gather more evidence then when a veteran says it's all here is beyond me.

[john999]

I filed a CUE asking for 30 years of backpay at the 100% rate.  The VA made me wait 7 years to finally be denied at the CAVC level and at the federal court level.  They are not about to grant a big time retro claim without employing every trick in the book to discourage you and deny you.  My lawyer and I thought we had a great case but they found a flaw and  I was down the drain.