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how long after seeing the judge

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notdeadtired

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First, let me say I'm not familiar with all the terminology, so forgive me if I'm not properly presenting my question. I saw the appeal judge on Monday, and she pretty much said she would grant my appeal. So, I was wondering how long can I expect before I see something in my account? I worked with a lawyer, if that matters. thanks

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  • Content Curator/HadIt.com Elder

Thank you for sharing this information. It's ok if you don't know all the terminology or jargon.

Was yours a legacy claim, Higher Level Review, or formal appeal to the Board of Veterans Affairs?

I don't want you to worry, but some of us (including myself) have been told they are siding in our favor, but when the decision letter arrives we find that we were denied to some extent. We all have our fingers crossed that they really will find in your favor. If you have a VSO who has access to the VA system (VBMS), they can look up decision letters and tell you what was decided before it arrives in the mail. In the end, it is a case where you really don't know for certain until the decision letter arrives. Additionally, even if they find in your favor, double-check everything. The VA is supposed to maximize benefits, but often misses things or low balls ratings. Trust, but verify.

 

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20 hours ago, Vync said:

Thank you for sharing this information. It's ok if you don't know all the terminology or jargon.

Was yours a legacy claim, Higher Level Review, or formal appeal to the Board of Veterans Affairs?

I don't want you to worry, but some of us (including myself) have been told they are siding in our favor, but when the decision letter arrives we find that we were denied to some extent. We all have our fingers crossed that they really will find in your favor. If you have a VSO who has access to the VA system (VBMS), they can look up decision letters and tell you what was decided before it arrives in the mail. In the end, it is a case where you really don't know for certain until the decision letter arrives. Additionally, even if they find in your favor, double-check everything. The VA is supposed to maximize benefits, but often misses things or low balls ratings. Trust, but verify.

 

Thanks for the response.

Wow, I didn't know that was how they did business, but I guess I shouldn't be surprised. It was a formal appeal to the board. I guess I'll give it a while, then see if my attorney knows anything. Thanks for the advice.

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Let's assume they were not lying to you, and they grant the claim at the Board.  If so, you could get a letter sometime in the next 2 to 5 months, perhaps earlier, if your attorney calls you as he may get some documents online earlier.  

Unfortunately, the procedure is that the award is sent to the VARO to "implement" the decision.  The regiional office would then determine a disability percentage, if applicable, and an effective date. They would then send you and your attorney notice of this VARO implemntation of the board grant of benefits.  This takes another 30 days to 6 months, sometimes more, sometimes less.  

In short my wild guess is that you have a 50 to 70  percent chance of seeing a deposit (money) to your account before Christmas in December.  I would estimate that the chances of seeing money for this before July 4, are low, maybe 20 percent.  And, the chances of you seeing money before memorial day (May 30) are about 5 percent.  

I would give an 80 percent chance you would have your money by VAlentines day, 2025.  

"ONE" of my Board decisions was implemented in less than 30 days.  Most of the time they are in the 2 to 6 month range.  

You actually are waiting on 2 decisions, one from the board, another implementation decision from the regional office.  

On occassion, "the first notice" you get of a VARO implementation decision is a deposit of money, and the decision letter comes later.  

Its around 8 months or so to Christmas, so about 4 months for each would put it at christmast time.  The board decision "could" move quickly now that you have had a hearing, but not always.  They should have your complete package together.  But, its often a different person who decides the claim than the judge who interviews you in person.  It could be longer or shorter than 8 months.  My guess is that its near equally likely for it to be longer or shorter than 8 months. 

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