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How Much Longer After My C&p Exam?
Posted 31 May 2011 - 07:45 AM
Posted 31 May 2011 - 08:20 AM
Posted 31 May 2011 - 08:32 AM
Posted 31 May 2011 - 10:21 AM
How long after my C&P exam (June 6,7) will I have to wait longer to be rated and compensated? The exams are for my remands, not my granted claim, which was granted on Feb 8, 2011. Thanks
Posted 31 May 2011 - 04:14 PM
Posted 31 May 2011 - 06:16 PM
Posted 01 June 2011 - 06:31 AM
Yes, I can understand the remands taking 3 to 10 months or longer, hopefully not that long cross my fingers. But, I have been granted a claim that I have been fighting for, for 8 years now. I think it borders on criminality to have to wait until my remands are complete, which can take years to complete. This is what pisses me off the most. It really does to my core.
If the BVA granted a "partial" portion of your appeal then they should implement that portion before working the remands. There is a "FastLetter" dated Jan., 6 2010 that states they need to implement the granted BVA portion "first" and then work the appeals. I have copied and pasted (below) this letter for your reference. You "may" want to refer to this letter and asked them to implement the favorable portion.
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
Washington, D.C. 20420
January 6, 2010
Director (00/21) In Reply Refer To: 211B
All VA Regional Offices and Centers Fast Letter
SUBJ: Implementation of Board of Veterans’ Appeals Decisions
This fast letter provides clarification of the existing procedural guidance forimplementation of Board of Veterans’ Appeals Decisions. The instructionsprovided in this fast letter supersede all prior guidance on this issue.
It has come to the attention of the Board of Veterans’ Appeals (BVA) and theCompensation and Pension Service that there is inconsistent processing ofclaims involving implementation of BVA decisions with partial favorable findings.
It was determined that some regional offices (ROs) were delaying implementation of these BVA partial grants until expiration of the 120-day period within which a veteran may appeal to the United States Court of Appeals forVeterans Claims (CAVC).
Delayed implementation of favorable BVA decisions is inconsistent with the Department’s long standing pro-veteran position and unnecessarily delays payment of benefits to the claimant.
Complete Grants and Partial Awards
ROs are required to review all files returning from BVA to determine the type of action to be taken. ROs must expeditiously implement favorable decisions rendered by BVA in all cases, including those decisions that may also contain unfavorable findings subject to appeal with CAVC.
For processing purposes, a partial grant or an increased evaluation less than the schedular maximum available is considered a “favorable decision.”
Partial grants rendered by BVA are subject to expedited processing.
Although a claimant may elect to appeal the evaluation assigned by BVA and continue to pursue an increased or total evaluation for the same disability before CAVC, the partial grant should still be implemented immediately.
In many instances, the claims file will not be required to complete the grant or partial grant of benefits ordered by BVA. If a decisionmaker needs the claims file to accurately comply with the BVA mandate, he or she should follow the instructions regarding locked CAVC files provided in M21-1MR, section
Denials of entitlement to benefits rendered by BVA should continue to be processed in accordance with the procedures outlined in M21-1MR, sections
I.5.G.33.c and d.
Questions concerning this fast letter should be e-mailed to
Bradley G. Mayes
Compensation & Pension Service
Posted 02 June 2011 - 06:02 PM
Posted 11 May 2012 - 11:49 AM
Posted 11 May 2012 - 03:35 PM