BVA Remands Granted

[Spaceace1954]

Hello all

I just received notice online that my 4 remands that the VARO denied after QTC records review and then returned to BVA were all approved by the BVA today.

Who awards the percentage for these claims?

Currently nothing showing in ebenefits.

Thanks for any info.

 

[Vync]

@Spaceace1954 About how long did it take from the time the decision was made by the judge until you received the rating info?

Based on the ratings, did they just grant the headaches and sinusitis?

Also, even though the VA has separate ratings for sinusitis and rhinitis, they generally tend to grant the higher of the two due to pyramiding.

 

[Spaceace1954]

Hello VYNC

I received notice via email from BVA of grant on 4/23/24, ebenefits was updated on 4/27/2024 with percentage(s), I received decision letter on 4/29/24

Original rating for Sleep Apnea was in 2012 at 50%

Sleep Apnea with COPD is currently rated separately at additional 50% new rating.

Headaches/Migraines 30% new rating secondary to OSA

Sinusitis 30%, Rhinitis 0% direct service connected based on STR recorded dating back to 1973 I am impressed that they dug that deep.

Looks like this race is finally over 15 approved claims in 14 yrs. 370% 100% scheduler.

[broncovet]

Congratulations, Spaceace!  The win is always sweeter when it takes longer.  You indicated you got your "decision letter", which I guess means the BVA decision letter, not the VARO implementation letter.  Dont forget to check carefully those effective dates, and appeal, if applicable. 

If the effective date "sounds wrong" IT Probably is wrong. 

ONE common effective date error is making the effective date the date of the c and p exam.  That is almost always wrong.  Think about it.  Your effective date is the later of the claim date or facts found.  

So, here is what VA is saying.  You applied for disability.  You were not disabled when you applied, but, you got disabled in the doctors office at the C and P exam.  Did the c and P examiner disable you?  Did the building collapse and fall on your legs crippling you?  Doubtful.  Or, did the psychiatrist exam stress you so bad, that his exam caused you to be disabled?  More likely, you were already disabled when you went into his office or elese you would not have applied.  But the doctor did not give a date.  So, the VA uses the c and p date.  Instead, the doctor should have reviewed your records and state something close to "the record shows you were first diagnosed with PTSD in an exam on July 2, 1991.  In other words, your 1991 doc diagnosed you as already having the disease in 1991.  But the VA rater forgot to look on that exam.  NO.  So you have to appeal.  This is just one way VA messes up the effective dates, be sure to ask on hadit if you are unsure.  

Or, contact a NOVA Veterans benefit law firm and ask them.  They can help you fight for the right efffective date if they think its wrong also.  

There are many, many other benefits you get now that you are 100 percent, such as Champva for your spouse, dependents education, and state benefits which often includes free or discount property taxes.