VBMS vs. Ebenefits is their a timeline when ebenefits is updated?

[JKWilliamsSr]

I have a rather interesting situation maybe someone can shed a little insight on.    To be honest it seems baffling to me.   Monday my attorney told me that according to VBMS I am at 100% with an effective date of 2019.   I believe this happened sometime last week.   What prompted the email is according to my attorney the VA sent him a letter because they have a problem with our contigency agreement.  I went back and read the agreement.  It is a pretty straight forward agreement.  No tricky sentences getting me to agree to anything out of the ordinary.   The agreement is for 20% of backpay received.   I am very grateful for my attorney.  He took me from 50% to 80% to 100% and has earned every cent.  I have been fighting the uphill battle since 2009 and am not close to the finish line. 

I am probably making an assumption but my guess is the VA does not plan on paying my attorney from the backpay. I have no idea what the issue is with the agreement.  My attorney did say I should be getting a letter in the mail from the VA about this and I should see a deposit from the VA any day now.    He did say it would be easier to invoice me after my deposit for the 20% and I am perfectly fine with that.  My entire expectation was 20% of all backpay and I knew this going in.   What is confusing to me is why does the VA have an issue now?  When I went from 50% to 80% the paid my attorney directly.  Why not now?

But I digress....here is my question.

VBMS shows a rating with an effective date.  What could be holding up the update on ebenefits?   Would the fact that this was based off an appeal from the BVA? My guess is someone is looking at the issue of backpay because a decision was made on attorney fees.  Yet as I type this there is no update on Ebenefits and my appeal is closed.

[JKWilliamsSr]

Thanks for the response guys.  They do help give me a better understanding of things.

There was something that completely slipped my mind until I started clicking on other areas in Ebenefits.  There was also a remand on my appeal that I had an exam on Jan 6th for and that remand is still ongoing. 

To recap:  The BVA granted me service connection for Sleep Apnea, Lumbosacral Strain, Diabetes (type II).  Bilateral ankle arthritis and Bilateral hip arthritis.   The judge remanded my increase for knees and if a separate was warranted for knee instability (I will attach remand portion of decision). Before the BVA grant I was rated at 80%.   When my attorney emailed me on Monday to let me know I was at 100% and to tell me about the VA fee issues ebenefits has not changed.   I expected a few days would elapse before that happened.   When he told I went from 50% to 80% it did take a couple ebenefits updated. That was on a supplemental claim (appeal of my most recent denial with new evidence) My remand based on what I can tell was still being worked.

The VA I assume based on the remand instructions started supplemental claims for:

• Entitlement to a rating greater than 10 percent for left knee DJD is remanded. (Supplemental)
• Entitlement to a rating greater than 10 percent for right knee degenerative joint disease (DJD) is remanded. (Supplemental)
• Entitlement to a separate rating for right knee instability is remanded. (Supplemental)
• Entitlement to a separate rating for left knee instability is remanded. (Supplemental)

I checked Wednesday evening after I got a couple responses to my post and it showed the status of those supplemental claims as "review of evidence" now keep in mind my attorney already showed me as 100% according to VBMS.    When I checked on Thursday it changed from "review of evidence" to "preparation for decision"  and I checked again on Friday and it changed again to "review of evidence"  so to be honest I have no idea what is going on with the remand claims.

I am guessing that until the remand portion is complete I will have to wait before the update all service connections.  As of today there is no change.  I know they have not released anything because  all my granted claims from the BVA still say "not service connected"

Remand.pdf