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. 

[pacmanx1]

As of last BVA decision, there is still VAMC medical records that have not been considered including a positive VAMC C & P exam within my awarded EED. The BVA granted me an EED, but I have a C & P exam that should warrant the higher rating, but this evidence has not been considered. Anyone been through an OAR review? I am just trying to get the correct or better rating percentage to match my EED. At the time of the original denial this evidence was used but since the BVA granted me an unadjudicated claim should change the outcome.  Any thoughts?

[pacmanx1]

Still searching for more information on the Office of Administrative Review. 

Office of Administrative Review: Responsible for implementing the Veteran Appeals Improvement and Modernization Act of 2017. The Appeals Modernization Act modernizes the current claims and appeals process, includes three review options for disagreements with decisions, requires improved notification of VA decisions, provide earlier claim resolution, and ensure you receive the earliest effective date possible.

[Mr cue]

I never heard admistrive review for a claim.

I had to do one when the independent living program denied me items.

They did look at the decision and change it.

Maybe they now do this for VA claim if the veteran or VA find a error 

I believe it is in the VA manual under independent living program.

The ilp have a habit of denied items verbal and I had to fight get it in writing and then do the administrative review to DC.

Still didn't get the items after DC told them to but that a different story smh.

So I think its good thing.

 

 

 

 

[pacmanx1]

Update: After being told that the OAR could not help me and my BVA decision was not going to be reviewed several weeks ago, I get a new email today stating that the DROC is willing to review my BVA decision if I submit the request. I sent the request and let's see. 

[Richard1954]

It is very unusual for the VA to rate you TDIU on any condition after you have been been granted a 100% schedular rating.  I say its unusual because, the only reason to rate anyone TDIU  in such an instance, is to maimum your benefits. 

There is more to this than meets the eye. The VA is required to maximize your ratings. This may be a case where you can receive Housebound if your final rating is a TDIU, and if you have  another condition that is rated at least 60%.

 

I have not idea what your ratings consist of, at this point I am just trying to determine how you got to were you are. 

Can you post your disability ratings before the TDIU was granted? 

And can you post a copy of the reasoning  behind the decison to grant a TDIU rating.

In my mind, there is only one reason to grant you a TDIU rating after you were rated 100%, and that reason is you have backpay coming up to the day 100% was granted, and you have been awarded housebound in addition to the TDIU. 

 

Digest the following:

The court has held that the order in which disabilities are service connected is not revelant to VA's determination of a claimant's eligability for special monthly compensation under 38 USC Section 1114(s). Whenever a veteran has a total disability rating,  schedular or extra-schedular, based on multiple disabilities and the veteran is subsequently awarded servie connection for any additonl disabilites, without regard to the order in which they were service connected to determine whether any combination of the disabilities, establishes entitlement to special monthly compensation under section 1114(s). If after such an assessment, the VA determines that the claimant is entitled to special monthly compensation, the effective date of the award of the special monthly compensation will be the effective date assigned for the award of benefits for the final disability that forms the relevant combination of disabilities. Buie v. Shinseki, 24 Vet. BApp. 242, 350-51 ( 2010) as ammended ( Apr 21, 2011)

Edited June 3, 2022 by Richard1954
as usual - spelling

[pacmanx1]

1 hour ago, Richard1954 said:

Digest the following:

The court has held that the order in which disabilities are service connected is not revelant to VA's determination of a claimant's eligability for special monthly compensation under 38 USC Section 1114(s). Whenever a veteran has a total disability rating,  schedular or extra-schedular, based on multiple disabilities and the veteran is subsequently awarded servie connection for any additonl disabilites, without regard to the order in which they were service connected to determine whether any combination of the disabilities, establishes entitlement to special monthly compensation under section 1114(s). If after such an assessment, the VA determines that the claimant is entitled to special monthly compensation, the effective date of the award of the special monthly compensation will be the effective date assigned for the award of benefits for the final disability that forms the relevant combination of disabilities. Buie v. Shinseki, 24 Vet. BApp. 242, 350-51 ( 2010) as ammended ( Apr 21, 2011)

Not sure why you would post this here since I already posted it a few weeks ago.