Granted: THIS SHOULD BE INTERESTING

[pacmanx1]

The Board of Veterans’ Appeals sent you a decision on your appeal. Here’s an overview:

Granted

The judge granted the following issues:

• Increased rating,  
• 100% rating for individual unemployability

If this decision changes your disability rating or your eligibility for VA benefits, you should see this change made in 1 to 2 months.

Now the long wait and hopefully I can move to that forever home. 

[Dustoff1970]

Welcome to the P&T TDIU club.

[pacmanx1]

2 minutes ago, Dustoff 11 said:

Welcome to the P&T TDIU club.

I have been rated 100% scheduler P & T for well over a decade and a half. This is why I posted that this will be interesting. This new rating is a separate disability not included in my 100% combined scheduler P & T rating.  

[Carl the Engineer]

36 minutes ago, pacmanx1 said:

I have been rated 100% scheduler P & T for well over a decade and a half. This is why I posted that this will be interesting. This new rating is a separate disability not included in my 100% combined scheduler P & T rating.  

Wait---what?

Hope there is a bunch of retro in this decision, otherwise, not sure why? 

An old appeal?

But then, I don't know what I don't know,

Carl

[pacmanx1]

39 minutes ago, Carl Bacon said:

Wait---what?

Hope there is a bunch of retro in this decision, otherwise, not sure why? 

An old appeal?

But then, I don't know what I don't know,

We have been posting for years to always pay close attention to your effective dates and to never withdraw a claim and or appeal. I will give an example scenario: This is not mine but mine is similar.

A veteran file a claim in 2000 and the claim is denied and the veteran files a timely NOD, this NOD gets lost so, in 2005 the veteran reopens his/her claim, and the claim once again is denied, and the veteran once again files a timely NOD but this time the RO process it and it goes through the appeal process hamster wheel RO/BVA/CAVC/BVA/RO. In 2006 the veteran file a bunch of claims and by 2010 the veteran is granted a combined 100% scheduler P & T rating, but the veteran still has multiple claims on appeal. Over the years some claims are granted, some deferred, some denied.

Finally in 2021 the BVA makes a decision that the veteran’s 2000 claim is service connected and grants the claim/appeal. Since the veteran already has a combined 100% P & T scheduler rating, the RO thinks that there is no more benefits, but the veteran did not have a 100% combined rating in 2000, the veteran was rated 100% P & T in 2010 so if the BVA deems that this new separate rating meets the TDIU criteria then the veteran is due TDIU benefits from 2000-2010 and any other benefits that could come from this new rating.

The ROs at times will grant a veteran 100% scheduler P & T and state that the veteran’s TDIU claim is moot but if the veteran can prove through medical evidence that he/she met the TDIU rating prior to his/her 100% scheduler rating then the veteran should pursue these benefits. Yes, there is retro involved, why else would the BVA grant a 100% TDIU rating? Keep in mind that this particular disability is not included in the veteran’s 100% combined P & T rating, it is a new and separate rating. 

Edited April 22, 2022 by pacmanx1

[pacmanx1]

New questions, if my claim was advanced on the docket and granted, when it goes to the RO to be implemented, does it still have to wait its turn or is it expedited?  I know the hurry up and wait part but not sure if the advanced on the docket would help speed things up? Anyone been here after their appeal has been advanced on the docket and granted waiting for the RO to implement their decision? My last grant took over a year’s time for the RO to process. Still waiting on BVA’s official letter.

[Vync]

First, congratulations! Second, prior to the AMA changes in 2019, they were supposed to work them by claim date. Third, no clue on how they do it now, but I hope they get to you very soon.