Mr. T

[Stayfocus]

Hello veterans, has anyone had any success stories recently regarding BVA appeal being granted?

[pacmanx1]

I totally agree and I am living proof, this appeal has been going on for two decades.  After the BVA granted/awarded my claim, the VARO still failed to review my entire record to determine my rating percentage and this including a new C & P exam opinion that I am IU. The date would award me a few more years of TDIU but the VARO refuse to review all my records.

 

 

[Stayfocus]

3 hours ago, pacmanx1 said:

I totally agree and I am living proof, this appeal has been going on for two decades.  After the BVA granted/awarded my claim, the VARO still failed to review my entire record to determine my rating percentage and this including a new C & P exam opinion that I am IU. The date would award me a few more years of TDIU but the VARO refuse to review all my records.

 

 

So the judge granted your appeal and sent his instructions back to RO for implementation but RO ignored judge’s order?

Im confused, I thought that would be a remand.

Are you saying the Judge can grant appeal but let RO figure it out?

[Stayfocus]

1 minute ago, Gilbert P Torres Jr said:

So the judge granted your appeal and sent his instructions back to RO for implementation but RO ignored judge’s order?

Im confused, I thought that would be a remand.

Are you saying the Judge can grant appeal but let RO figure it out?

So the judge or his staff attorneys didn’t review all of your records before sending explicit instructions back to RO?

[pacmanx1]

12 minutes ago, Gilbert P Torres Jr said:

So, the judge granted your appeal and sent his instructions back to RO for implementation, but RO ignored judge’s order? Yes, it was an error that should not have happened, but it did.

Im confused, I thought that would be a remand. It was.

Are you saying the Judge can grant appeal but let RO figure it out? Yes, happens all the time.

 

10 minutes ago, Gilbert P Torres Jr said:

So, the judge or his staff attorneys didn’t review all of your records before sending explicit instructions back to RO?

No, the BVA did what they were supposed to do, and my appeal was remanded, and the VARO mistakenly recertified my appeal back to the BVA, once I contacted the BVA they then reissued made a new order forcing the VARO to implement the decision.  

It's called the hamster wheel when the BVA makes a decision and remands it back to the VARO and they do their part and then return it back to the BVA for the judge to make the final decision but sometimes the final decision can still be wrong. 

 

 

[Stayfocus]

43 minutes ago, pacmanx1 said:

 

No, the BVA did what they were supposed to do, and my appeal was remanded, and the VARO mistakenly recertified my appeal back to the BVA, once I contacted the BVA they then reissued made a new order forcing the VARO to implement the decision.  

It's called the hamster wheel when the BVA makes a decision and remands it back to the VARO and they do their part and then return it back to the BVA for the judge to make the final decision but sometimes the final decision can still be wrong. 

 

 

Geez, I’m 472 days into a direct review waiting to be assigned to a judge for an eed appeal.

I was really hoping to hear a positive experience once my appeal was looked at by a BVA judge.

Thank you for sharing your experience.

[pacmanx1]

26 minutes ago, Gilbert P Torres Jr said:

I was really hoping to hear a positive experience once my appeal was looked at by a BVA judge.

In a way this is a positive or success story because the part that the BVA judge granted was an EED of TDIU benefits several years before my 100% scheduler P & T rating. The problem I have is that this claim was granted as an unadjudicated claim and that to me says that my award should cover my entire time while going through this hamster wheel and not to when it was reopened. The BVA judge already acknowledged that there is evidence not properly considered, then why not force the VARO to comply with the original order.