One Remaned and one granted issue

[1454th Solider]

I have an remanded issue that was sent to the local RO September 24, I completed my C&P on October 19. Ebenefits currently says Prep for Decision.  If the RO denied the issue and sent the remanded issue back to the BVA, how will I know and when will I know this was done? When will I receive back pay for the granted condition?

[pacmanx1]

7 minutes ago, 1454th Solider said:

I have an remanded issue that was sent to the local RO September 24, I completed my C&P on October 19. Ebenefits currently says Prep for Decision.  If the RO denied the issue and sent the remanded issue back to the BVA, how will I know and when will I know this was done? When will I receive back pay for the granted condition?

Congratulations on your win. The problem is that the local VA is not supposed to hold your benefits for the granted portion of your BVA decision, but they normally always do. Once the local VA determine your remand decision, they will send you a new rating decision. Even if they deny your remand, they will still have to send you a decision based on the granted claim and the new remanded claim granted or denied. My guess within three to six months, a little longer if it is a higher retro payment

[1454th Solider]

1 hour ago, pacmanx1 said:

Congratulations on your win. The problem is that the local VA is not supposed to hold your benefits for the granted portion of your BVA decision, but they normally always do. Once the local VA determine your remand decision, they will send you a new rating decision. Even if they deny your remand, they will still have to send you a decision based on the granted claim and the new remanded claim granted or denied. My guess within three to six months, a little longer if it is a higher retro payment

Thanks pacmanx1 for your expeditious response, I wish the VA could follow suit. I've heard of the RO sending remands back to the BVA, what does that mean? It seems like it could delay the outcome if a judge has to look at the evidence again. I may be jumping the gun because it has only been a little over two months since the remand process started. On a side note, the BVA judge also directed the RO to give me another C&P on the granted issue (back; lumbar spine lower) to access my current level of disability. Thanks in advance for any input.

[pacmanx1]

2 hours ago, 1454th Solider said:

Thanks pacmanx1 for your expeditious response, I wish the VA could follow suit. I've heard of the RO sending remands back to the BVA, what does that mean? It seems like it could delay the outcome if a judge has to look at the evidence again. I may be jumping the gun because it has only been a little over two months since the remand process started. On a side note, the BVA judge also directed the RO to give me another C&P on the granted issue (back; lumbar spine lower) to access my current level of disability. Thanks in advance for any input.

What some veterans don't like is that once the BVA grants a veteran service-connection, the local VA normally sends the veteran to a new C & P exam to get a new medical opinion of how severe the veteran disability is. There is a part of the 38 CFR that states a veteran rating percentage can be rated for the entire time the veteran had his/her claim on appeal status if the veteran’s records prove the veteran met that particular rating instead of getting a (STAGED RATING) Fenderson Rating.

Yes, the RO (Regional Office) returned my 1998 BVA grants without implementing it back to the BVA and the BVA turned around and did another Remand within two weeks forcing the RO to implement their decision. Now this happened after the RO waited about a year to take action, so I was very happy and surprised that the BVA kicked it right back within two weeks to the RO and forced them to pay my retro. It really made no sense for the RO to ignore the BVA grant but the BVA did not let them get away with it.

 

[broncovet]

I agree with Pacman.  There is a VA "fast letter" that specifically prohibits VARO from delaying paying retro on "partial grants"..(like yours..part granted part denied or remanded).  

This said, of course, Va does not always comply with its own regulations.  

We really dont know when you should receive your retro, but it SHOULD be within 1 to 3 months from the BVA decision but dont hold your breath there.  

Yes, I am sure you would like the money before Christmas, but, well, maybe.  

Once or twice, "when I knew the money was on its way", I used my credit card, then paid it off when the retro arrived.  (I dont use my credit cards unless I have the money..I use them for the rewards.  I get about 30 bucks a month or so rewards (cash) because I buy everything I can on a credit card, then pay it before the end of the month)

You dont really know its done until either:

1.  You get the letter in the mail.  

2.  You have VBMS access.  VBMS access is only available to VSO's and lawyers (or non attorney practioners) who jump through VA hoops to get access.  Your VSO may be able to supply you with current information.  

 

[1454th Solider]

Thanks broncovet and pacmanx1 for your comments, I feel a little better now, I'll give it another few weeks or more but I will definitely be reaching out to my VSO to see if their is anything that is in my claim that he can shed some light on.

[1454th Solider]

I have a question about the Fenderson staged rating.

My VSO was able to show me what the VA initially rated my granted back issue at, of course they low balled me.

It states:

MECHANICAL BACK PAIN (PREVIUOSLY CLAIMED AS BACK CONDITION)

Service Connected, Gulf War, Incurred

Static Disability

10% from 06/18/2018, Deferred Evaluation

They also added RADICULOPATHY, SCIATIC NERVE, RIGHT LOWER EXTREMITY as secondary condition at 0% from 06/18/2018, Deferred Evaluation.

What is meant by Deferred Evaluation? Does it mean they need a new C&P medical opinion? Is the low rating a Fenderson staged rating?

My VSO was able to see this after my BVA grant and before the RO scheduled any of my C&P examines.

I have not received any of this from the RO only my VSO. Thanks in advance.

I'm hoping the Deferred evaluation means they just wanted a new C&P so they can change the initial rating (increase). 

 

 

 

 

 

Edited December 3, 2021 by 1454th Solider