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I really think the VA is trying trying to make me give up

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Mr cue

Question

Ok I got a decision that granted a half step of smc.

I am now smc l and a half.

Well I have received the notification letter. Just the decision.

Well I call today to see what going on they tell me they are reviewing it.

What how does the ro review a bva decision.

Are they just to implement it the decision. Smh.

So now what they want me to fight for the extra 200.00 a month for four years. Smh

I might be take this wrong but I have never heard of the ro feeling they have to review a bva judge decision.

Told this can take up to one or two months.

Has anyone had this happen after bva  granted something.

 

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They will review it every time.  They can also disagree with the decision and send it back, but they do need to have very good reason for it.  

It happened to me and the judge in the end agreed with the RO, I am not saying it will happen to you.

It does happen.  Let them finish the review and see what happens

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I ain't stress it I got bigger fish to fry.

But this can't be legal.

Now veterans are been told that the regional office doesn't have to implement a bva decision.

The regional office can review the bva decision and over turn it.

Lol the VA has gone crazy.

If it was my only issues I would fight this to the end.

So now a appeal to the board can be over turn by the regional office is what you are telling me. Smh

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It depends on what it is, and I am not saying yours is.

Mine was because they saw it as pyramiding.

Which in a way I could see what they were saying and went to the CAVC to get a higher rating an they agreed it was the same thing.  (I still disagree with it, but that horse has been taken out)

I doubt they will as all of my other BVA decisions have been fine.  

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That is something I understand way you are saying.

Yea I guess I can see the VA send a appeal back because that.

But it seem crazy mines might be because they feel I don't get the half step under smc p

I really don't care it just crazy veterans fight the VA then fight the bva. An win there case

An the VA can say they aren't implemented the bva decision the veteran won.

I am just tried if all these games.

Man I have been deal with the VA since 2000.

I have never been and put through so much as I am about this claim for smc benefits.

The whole system has change.

There has always been a problem at the regional office level.

But once you got to the board they had they own phone number.

They use to have ombudsman they would respond in 7 days.

They even go rid of the dro hearing.

This was quicker than a bva hearing and there were transcripts of the hearing in your record.

No need for bva hearing an wait gone. Back than

Now you will wait 2 3 years to get a hearing. 

I just pass on the hearing now. I am not have my claim sitting for no 2 3 years.

So veterans go through a whole process with out speak to one person anytime that is handling your case.

Oh I forgot I did see  on one of the new forms you can check a box to get one call during the process. Lol.

I just be venting an posting to help others and show the process.

So now other understand the regional office can review your bva judge decision and not implement it.

It not a regular thing but they can.

I got it but does seem legal.

That like a lower court change a higher court order.

 

 

 

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You need to not "hang" on to every word a VA employee says.  "Reviewing" the decision probably means something different to them, than to you.  

Yes, the VARO "implements" board decisions, but, yes, the VARO has to at least "review" the documents since they dont have them memorized, and the VARO assigns an effective date in the first instance.  If you dispute the VARO effective date, you can appeal it.  VA loves to delay claims by chopping them in small pieces..one piece..SMC..another piece..effective date.  Its very easy to have at least 4 appeals on EVERY issue:

1.  Service connection or no. 

2. Disabiility percentage. 

3.  Issue of permanent and total, or no.  

4.  Effective dates

    You see, the board will only decide "one" of these things at a time, and the VARO is supposed to decide the rest, at their discretion.  They call it a "downstream issue".  Example:  You were denied SC.  Ok, the disability percentage, effective date, etc., "wont be decided" until/unless you get SC first.  EAch of these is appealable seperately.  That is how they can drag out claims, 10, 20, or even 30 years or more.  Mine was fast..it took a "mere" 19 years for me to win my benefits.  

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9 minutes ago, broncovet said:

You need to not "hang" on to every word a VA employee says.  "Reviewing" the decision probably means something different to them, than to you

Ok I think we came to understand what review means.

I think we even provided that the VA can if they find something not implement a bva decision.

it is rare but it can happen.

 

 

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