BVA Appeal Grants with Remands

[JKWilliamsSr]

I am trying to figure out how the process works.   VBMS shows me at 100% but for some reason there is no change in my rating. 

The BVA granted me service connection for Sleep Apnea, Lumbosacral Strain, Diabetes (type II).  Bilateral ankle arthritis and Bilateral hip arthritis.

However, the judge remanded a part of my appeal and I am wondering if that is what is holding things up.   The remand was for an increase for DJD for each knee and for separate ratings for knee instability.   On Ebenefits I can see what stage the remanded portion is in because they are being treated as a supplemental claim.  Since last week the following changes took place on the supplemental claim :

Tuesday  1/18 - Review of Evidence
Wednesday 1/19  -  Preparation for Decision
Friday 1/21- Review of Evidence
Tuesday 1/25- Preparation for Decision
Wednesday  1/26 - Review of Evidence

Here is the thing.   Without the remand decisions I am still at 100% and while any increases from there will increase my total number in the end it still only keeps me at 100%

So my question is this.   Is the remand holding it all up?  Before everything can be released does the remand portion of the appeal has to be completed as well?

[pacmanx1]

10 hours ago, JKWilliamsSr said:

I am trying to figure out how the process works.   VBMS shows me at 100% but for some reason there is no change in my rating. 

The BVA granted me service connection for Sleep Apnea, Lumbosacral Strain, Diabetes (type II).  Bilateral ankle arthritis and Bilateral hip arthritis.

However, the judge remanded a part of my appeal and I am wondering if that is what is holding things up.   The remand was for an increase for DJD for each knee and for separate ratings for knee instability.   On Ebenefits I can see what stage the remanded portion is in because they are being treated as a supplemental claim.  Since last week the following changes took place on the supplemental claim :

Tuesday  1/18 - Review of Evidence
Wednesday 1/19  -  Preparation for Decision
Friday 1/21- Review of Evidence
Tuesday 1/25- Preparation for Decision
Wednesday  1/26 - Review of Evidence

Here is the thing.   Without the remand decisions I am still at 100% and while any increases from there will increase my total number in the end it still only keeps me at 100%

So my question is this.   Is the remand holding it all up?  Before everything can be released does the remand portion of the appeal has to be completed as well?

Yes, even though the ROs have been admonished they have been doing this for years. There is absolutely no reason to withhold any granted portion of a BVA grant but the ROs won’t release your retro until the remanded portion of the remand is completed.

As I have posted several times. The BVA granted my EED, but the RO sent it back without processing forcing the BVA to issue a second order.

I posted this about two years ago when I went through the same thing.

Fast Letter 10-02 hard to find online - Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC - VA Disability Compensation Benefits Forums - HadIt.com Veterans

[Berta]

Thank you Pacman, I was just going to post that FL (#10-02) and you did ---THANKS!

A few weeks ago a friend of mine got a partial remand from the BVA ( after MANY YEARS)

and I emailed him a pdf of this FL ,to whip out and send to his RO,if they should stall around on paying him- but he didnt need the letter ,he got the comp fairly fast in his checking account.

But I shouldn't  say stalling however because some of these grants could involve all sorts of rating issues, such as applying Fenderson. (a staged rating) and I imagine that would take anyone at VA some  time to determine the proper rating, under Fenderson.

 

[JKWilliamsSr]

48 minutes ago, pacmanx1 said:

Yes, even though the ROs have been admonished they have been doing this for years. There is absolutely no reason to withhold any granted portion of a BVA grant but the ROs won’t release your retro until the remanded portion of the remand is completed.

As I have posted several times. The BVA granted my EED, but the RO sent it back without processing forcing the BVA to issue a second order.

I posted this about two years ago when I went through the same thing.

Fast Letter 10-02 hard to find online - Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC - VA Disability Compensation Benefits Forums - HadIt.com Veterans

Thanks.  It makes a lot of sense.  I emailed my attorney a couple times but he has not responded.  This is likely due to his being out of town or unavailable becuase he is always very quick to respond to an inquiry.

If I was to make a guess i would say it keeps getting kicked back due to the specific remand instructions.  From what I could gather when it is in "preparation for decision"  the VSR has recommended a decision and is preparing the necessary documents for the decision to be made.   The decision is then finalized by RVSR.  My guess is the RVSR is kicking it back to make sure that each specific instruction for the remand is followed.  (will attach)

The annoying thing to me is that no matter what decision they make on the remand claims it will not make a difference in the overall rating.  Right now I am only 10% for each knee.   The remand is for an increase and also if a separate rating for instability is warranted.  They could deny it all and I would still be 100%

Remand.pdf

[pacmanx1]

11 hours ago, JKWilliamsSr said:

The BVA granted me service connection for Sleep Apnea, Lumbosacral Strain, Diabetes (type II).  Bilateral ankle arthritis and Bilateral hip arthritis.

In your particular case, it is best to wait. I know this is not what you want to hear but these extra exams could open the door to an SMC payment which would give you above the rate of 100% pay. 

[JKWilliamsSr]

2 minutes ago, pacmanx1 said:

In your particular case, it is best to wait. I know this is not what you want to hear but these extra exams could open the door to an SMC payment which would give you above the rate of 100% pay. 

I understand and agree.   I am normally fine once I understand the process of things even if it is not in my favor.  I am ok with following rules and procedures and even waiting once it all plays out.   If the VA was better at communication things would probably go smoother.

[blahsaysme2u]

great attitude...its hard but worth your mental sanity...keep us posted!