Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

Ok this is making no sense now

Rate this question


Mr cue

Question

Ok my cases and all issue were remand may 3  I have the letter stating this.

  1. U.S. Court of Appeals for Veterans Claims made a decision

    on February 22, 2021

     

     
  2. VA granted one or more issues

    on April 30, 2021

     

     
  3. Board of Veterans’ Appeals made a decision

    on May 03, 2021
Now it stated the bva made a decision. Showing apr 3 va granted issues
.
And now this show up we're the remand use to be 
 
Currently on appeal
 Increased rating, Intervertebral disc syndrome
Remand
 Increased rating, special monthly compensation
 Increased rating, Chronic adjustment disorder
Closed
Granted
 Effective date
 Effective date, rating
Withdrawn
 Increased rating, Spondylolisthesis or segmental instability
 Increased rating, Ulnar nerve paralysis
 
I no I should not be look at va.gov for answer. But this process is all over the place.
 
? Is how could va had made a decision to granted things apr 3 but I have not received a letter anything.
 
But may 3 I get  bva remand letter remanding all issues.
 
Now it show my effective dates are closed without any decisions.
 
Has anyone seen there remand do this
 
 
 
Link to comment
Share on other sites

Recommended Posts

  • 0
  • Adminstrator

They can do what they want to do in accordance with the law.  This still has another phase where it will go to your regional office to complete it.  So there is still the waiting game to get to this part of it.  The RO can also make changes, so I would not do anything until they are done.  

Link to comment
Share on other sites

  • 0
  • Moderator

Shrek is correct, your claim that was remanded from the CAVC to the BVA was granted. Then the BVA made a decision and remanded more/another claim(s). Now your claim(s) have to be return to the local VARO to be implemented and assign a rating percentage(s) and an effective date(s). Unfortunately, depending on what was granted and what was remanded one may affect the other. So basically, the VA may hold your granted claim(s) until they complete the remanded portion if it may change the rating percentage or the effective date.

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

Link to comment
Share on other sites

  • 0
  • Adminstrator

I just got done with mine sort of, and it took almost 7 months once the VARO received it to actually work my case.  The BVA should inform you once it has been sent to the VARO, but from this point forward there is not set time.  They can take as long as they want as they have many different issues they will need to look into for your case.  Also if you need any new C&P's they will schedule these and you must got to them.  

Then you might have my issue where they ignore all of the evidence you put in and go off of the original C&P from 2014 (Where the doctor did a horrible job).  And now they are like well you have gotten worse now, but did not look at any of my records from the vet center.  

You do have some good news here, but wait until the RO is done as they can also make changes to the BVA decisions as they will look at all of the issues and make their own decision.  Which i have had to fight many times and WIN!

Keep fighting, You will make it!

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Mr. Cue

 

                     You did good! Are you shooting for 100% or TDIU?  It looks like you got 70% for depression?  Am I reading that right? You got a SMC.  I think you are a winner.  It took me thirty years to go from 30% to 70% and you got it all in one.

Link to comment
Share on other sites

  • 0

No I have been tdiu for 25 year one condition.

Never give or inferr smc.

I apply 2018 for smc and mental health.

Bva granted two months of smc s and smc l.

Court just remand ever thing back so I am waiting for decision on effective date I guess  I hope lol.

I believe and the law states if your tdiu is based on one condition An it total and permanent. Smc s should be inferred.

 

And I just found another cases show what I am fighting for.

 

FINDING OF FACT

With regard to housebound benefits, the Veteran does not have a service-connected disability rated as 100 percent disabling.  However, the Veteran's TDIU rating due to a single disability (depressive disorder), does meet this requirement under recent VA case law.  Moreover, although the Veteran does not have additional service-connected disabilities independently ratable at 60 percent or more when combined, she is nonetheless permanently housebound or substantially confined to her house or immediate premises as a direct result of her service-connected depression and cervical spine disabilities.  It is reasonably certain that these disabilities and resultant confinement will continue throughout her lifetime.  This meets the statutory criteria for housebound in fact benefits.


CONCLUSION OF LAW

The criteria are met for entitlement to special monthly compensation benefits by reason of being permanently housebound.  38 U.S.C.A. §§ 1114(s), 5103, 5103A, 5107 (West 2014); 38 C.F.R. §§ 3.102, 3.159, 3.350(i), 4.16(a) (2015).
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use