How long til TDIU starts paying after granted

[SgtRamz]

The BVA granted my rating increase for PTSD and TDIU claim May 6th, and remanded my claims for ulcers, hypertension, and knees. I still haven't started getting my TDIU pay per month or my actual rating on ebenefits hasn't changed. Supposedly it only takes 2 months to see change at least that's what it says on claim. Has anyone had this problem? I called the # they give on website and was told they hold it til they complete remands. That dont make sense wouldnt change if I got other claims granted with TDIU. I really need some advise here please.

[GBArmy]

SgtRamz Welcome to Hadit. "That don't make sense" well, welcome to the VA hamster wheel. The remand requirements by the BVA back to the RO is the hold up. They could start paying out before the remands are completed, but usually they want to complete the who action . The remands probably means that the VA has to further develop, like in doing additional C&P exams or getting some other medical evidence, to determine how your remand conditions can/should be rated. You can try and find out by calling the same number and see what they are trying to do, such as when is the next C&P and then work from there. If you have financial hardship, you may declare that but I'm not sure that will get any expedite for you.If you have a VSO, you can ask them what doses the VBMS system that they have access to shows for activity. But this can take a while.

[pacmanx1]

Unfortunately, the local VA does this a lot. On VA.gov where it says that it could take about 2 months for you to see a difference means absolutely nothing to the local VA. It took the local VA a little over a year to implement my BVA grant. Even though this goes against VA's own regulations and fast letter not to withhold any benefits, the local VA will try to complete the remand prior to releasing your BVA grant. I hope I am wrong, and things have changed but the local VA is in no rush to pay you your retro/back pay.

[pacmanx1]

The local VA has been doing this for years and it is getting even harder to find online but here is the Fast letter and what it says: 

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

Edited September 7, 2021 by pacmanx1

[broncovet]

Pacman..Thanks for posting that letter.  

Sgt Ramz:  You should get a tatoo which says:

Quote

You can not trust everything a VA employee tells you, nor can you trust what ebenefits/VA.gov says.  Wait for the letter.  

Implementing Board decisions often takes from 3 weeks to 6 months or more.  

If your BVA decision has not been implemented by the VARO in 3 months, get back on hadit and we can help you twist some arms to get it done.  

As in the letter which Pacman posted, VARO is supposed to implement favorable board decisions immediately, "even if" portions of the decision are denied or remanded.  They are supposed to pay you for the award portions of your decision.

Many Board decisions have 3 or more issues.  For example, Service connection for your knee, hearing loss, and PTSD.  In this example, its possible for your hearing loss to be granted, your knee to be remanded for a c and p exam, and your PTSD denied.  

I call it a mixed decision.  (Brad Mays called it a "partial favorable decision" or partial grant).

    While the "fast letter" Pacman posted is unambiguous, count on about half of the VA employees to not read, and count on the other half to ignore the letter.  Remember, if all VA employees "fully complied" with all the regulations, there would be no need to have a BVA, all decisions would be right the first time.  

Veterans always pay the cost of VA employee mistakes such as this.  

[Berta]

Yeah, that Fast letter is here somewhere but it bears repeating.

I think veterans might need to remind the VA, by sending them  a copy of that letter, if they have been stalling on retro from a BVA grant, even if it is a partial grant. 

Thank you Pacman!!!!!!!