BVA appeal decision

[EPB]

I finally after 6 years received a decision by BVA dc. It was sent to Portland for execution.  I was awarded TDIU for my 70%ptsd, denied for 100%ptsd, and remanded for lumbar strain. 

Now Portland wants to do a C&P for ptsd. 

The BVA said I should see the change to my rating and pay within 1 to 2 months. 

I'm at a lost why Portland regional wants a C&P. It seemed a closed deal. It's been almost 4 months now and no ratings change. 

Anyone got some help or something?? 

 

[pacmanx1]

On 10/14/2023 at 4:48 PM, EPB said:

I finally after 6 years received a decision by BVA dc. It was sent to Portland for execution.  I was awarded TDIU for my 70%ptsd, denied for 100%ptsd, and remanded for lumbar strain. 

Now Portland wants to do a C&P for ptsd. 

The BVA said I should see the change to my rating and pay within 1 to 2 months. 

I'm at a lost why Portland regional wants a C&P. It seemed a closed deal. It's been almost 4 months now and no ratings change. 

Anyone got some help or something?? 

Not sure if anyone mentioned this but the Portland VARO may be reviewing your symptoms to determine if you are competent to manage/handle your VA funds (money). If and I say if you are rated 100% PTSD or a mental disability, the VA "MAY" try to say that you cannot manage your money and try to assign you a fiduciary, which could be a spouse or relative. 

Edited October 24, 2023 by pacmanx1

[broncovet]

Thank you Dot.  Keep those compliments coming.  (lol).  Whoops, once I post something stupid, all the compliments disappear.  That wont take me long.  

EPB:  What did your VSO say?  Did he/she look it up on VBMS?  What was the status on VBMS?  What did "ask Peggy" say?  How about ebenefits?  Ask IRIS email?  Finally, you can try writing VA a letter, on a 21-4138.  To reiterate, I would tell them the fast letter, linked above, dated in 2010 requires VA to promptly compensate Veterans for partial grants.  This would be a good thing to bring up if/when you call the white house hotline.  

Writing your congress person "may" be counter productive, but you can try that if all else fails.  

I guess this means you have NOT gotten your compensation, retro or otherwise, almost 4 months after the Board decision.  

Yes, waiting is always tough.  Especially when you need the money.  Vets advocates often recommend "getting a hobby" especially something that does not cost a lot of money.  A few examples of things to do while waiting, or pick your own.

1.  Go fishing.  You dont have to spend a bunch of money, my fishing license is free.  

2.  Play chess.  Yep, I do that.  

3.  Work on improving YOU.  Call people you have not called for a while, or write them. Go see them.  Tell your spouse you love them, and cook them dinner, and do 4 more things he/she likes.  Do something similar for other family members or friends.  

4. Read.  You learn a lot by reading. 

5.  Go to church.  You can also take college courses, including Bible classes.  

6.  Make a plan what to do with your retro.  That was fun for me.  

I divided it into 3 categories:

1.  Less than I thought.   2.  About the amount of retro I thought. 3.  More than I thought 

Then I put in numbers.  And, what I was gonna do with the money, all of which was give some, spend some, invest some.  

 

[broncovet]

Welcome to hadit.  One possible reason is that VA has a duty to maximize benefits.  

    While I wont get into a debate of "tdiu" vs 100 percent, a 100 percent rating does allow you to persue gainful employment.  

    Further, especially if your lumbar strain and other ratings combine to 60 percent, this could result in SMC S.  SMC S is when you have a single 100 percent, plus additional ratings seperate and distinct that combine to an additional 60 percent.  SMC S amounts to about an additional $450 per month over "jusT" 100 percent.  

    If you have NOT gotten your compensation (aka money) for 100 percent, then there is a problem.  In 2010, VA put out a fast letter on partial grants.  They are supposed to pay us right away, not wait for remands, denials, etc.  If you have a vso you can consider contacting him/her about this issue, or call the white house hotline.  VA fast letter:  https://vetsbenefits.net/va-fast-letter-va-rule-change-t37711.html

    If you have gotten your comp for 100 percent (tdiu), then sit tight.   

   All this said, 4 months seems like forever to us, but for VA its a coffee break, and a short one at that.  4 to 6 months is about average for implementation of a board decision "even tho" the board requires VA to give "expeditious treatment" to board implementations.  

    Unfortunately, VA generally interprets its own rules, and defines "expiditious treatment" to mean that VA takes as long as they want, and does not get it done one second before they want to.  VA has no time limits on anything.  Veterans have deadlines on most things:  one year to appeal, and if you dont appeal in one year, you are out of luck.  

    This is a part of the problem out of va delays of partial grants.  You see, often the bva does not give an effective date, but instead the VARO gives an effective date.  Appealing a board decision has to be done in 120 days, and apparently your's is not even implemented yet before the appeal period is done.  

     You can appeal any one or more of the issues:  Service connection, disability percentage, or effective date/and or lack of SMC S.  But your appeal period to the cavc is nearly over.  

 

     You can, however, still appeal a regional office implementation of a board decision if you dispute all or any portion of it..to the BVA again.  This happens often and is referred to as a hamster wheel.  

     You could consider appealing the board decision to the cavc, disputing everything, or waiting to see what effective date they apply or anything else.  But you would have to hurry.  

    This is my advice: (Choose any or all of these)

1.  Check the board decision effective date.  If you still have time (under 120 days) consider an appeal.  VARO will be in some hot water for not giving expeditious treatment in implementing it.  But this is kind of extreme, so weigh it carefully. 

2.  Call your vso and try to determine the status of the implementation decision.  

3.  Call the white house hotline.  

4.  Send an IRIS email, or letter to VARO.

5.  Call Peggy.  

6.  Do nothing.  If you choose this option, my advice is to not wait more than 2 more additional months.  There is a glitch somewhere, and you have to find it..VA wont find that glitch for you.  One way to find the glitch:  Check your VBMS file.  This can only be done through a vso or attorney, veterans are not allowed access to their own file. GRRRRR. 

 

[Dot09]

Bronco

Geez I’m amazed at all the knowledgeable post you put on hadit. You are very framiliar with Va regards and procedures when dealing with the Va. Did you gain your wealth of knowledge from hadit alone? Anyways great advice to this veteran once again. I like your examples that you use in your posts.

[Dustoff1970]

Jan 5 22 bva approved my ao heart diese from 30 to 60 %. Then varo ordered ace lhi c p exam reevaluation already.  Examiner continued my 60%. So they do this chit often.

[Dot09]

Dustoff 

was that difficult to get increased to the 60%?