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AngryA

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Hello,  back in November I had an appeal hearing, then on May 6 I was notified regarding  “Status: The Board made a decision on your appeal” and that an increase in rating was granted regarding one condition and few others were now service connected.

It is my understanding that now VARO works on establishing ratings and dates for said conditions…my question is whether there is an approximate timeframe that I could expect? Is it 4-5 mos?

Thanks!

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So it has to come back to your RO.  Once it is back there I think it depends on how many signatures it needs.  My last one took 6 months.  I have also heard of them doing them in like a month.  I think it depends on the dollar amount.  Mine was pretty big so it took a while.  Smaller ones seem to go faster.  But this is just from gather what has happened to me and what others have said. 

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3 hours ago, shrekthetank1 said:

So it has to come back to your RO.  Once it is back there I think it depends on how many signatures it needs.  My last one took 6 months.  I have also heard of them doing them in like a month.  I think it depends on the dollar amount.  Mine was pretty big so it took a while.  Smaller ones seem to go faster.  But this is just from gather what has happened to me and what others have said. 

It's been on appeal since 2017, attempting to go from 90% to 100%.

Did you have a lot of separate matters to address? Mine: 3 conditions that were granted service connection and one that went from 20% to 30%, which I think will require work on establishment of effective date.

 

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I had 3 also.  And I was from 2014.

I am back at the CAVC again as the lawyer believes they keep messing up.

I had to fight my effective date and still am, so that is fun.  That did get me my 100% P&T.

Keep fighting and make sure you have a good VSO who has your back.  The VFW took me from 30% to 100% P&T and this could get me SMC-S and a good back pay.  

I will say I am much more chill now about it.  Patience was hard to learn.

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15 hours ago, shrekthetank1 said:

I had to fight my effective date and still am, so that is fun.  That did get me my 100% P&T.

Keep fighting and make sure you have a good VSO who has your back.  The VFW took me from 30% to 100% P&T and this could get me SMC-S and a good back pay.  

I will say I am much more chill now about it.  Patience was hard to learn.

Make sure you get your correct effective date for your SMC-S. I have been trying to pass around what I found on my own claim of trying to get the best effective date for SMC-S, my claim is also still pending.  Hope you found Buie V. Shinseki. This should add up to a nice retro pay. This is a precedential decision that can be cited. 

James E. Buie v. Eric K. Shinseki – CourtListener.com

Basically, it states:" The Court has held that the order in which disabilities are service connected is not relevant to VA's determination of a claimant's eligibility for special monthly compensation under 38 U.S.C. 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 service connection for any additional disability or disabilities, VA's duty to maximize benefits requires VA to assess all of the claimant's disabilities 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, VA determines that the claimant is entitled to special monthly compensation, the effective date of the award of 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. App. 242, 250-51 (2010), as amended (Apr. 21, 2011)".

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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Checking back in, wanted to clarify this:

The appeal contains 3 parts--several conditions granted on 5/6, several remanded and one denied.

My question is this--the newly granted conditions ought to increase my rating to 100%, independent of whichever way the remanded ones go--would I have to wait to see what they do with the remanded ones prior to seeing any change in my overall ratings due to granted conditions, or is that separate and it doesn't matter what they do with the remanded stuff?

Im guessing if I have to wait for remanded conditions, while the granted ones are on hold, then It might be a very, very long time.

Thanks in advance.

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