Understanding Your BVA Decision: Denials, Remands, and Grants from the Board of Veterans Appeals
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- čas přidán 27. 06. 2024
- 0:00 Introduction
0:55 How is the Board of Veterans Appeals (BVA) different from the
rest of the VA claims process?
1:51 What are Board decisions based on?
2:24 “de novo” review
3:06 New Format of BVA Decisions
4:00 Board (BVA) Grants
4:46 “Implementing” the Decision
5:46 Does the BVA give disability ratings?
6:22 When do benefits start after a Board grant?
7:21 Board (BVA) Remands
8:22 Is a remand a good thing or a bad thing?
9:07 Multiple Remands
11:39 Remand Instructions
12:46 How long does it take for the RO to complete a remand?
14:54 Supplemental Statement of the Case (SSOC)
16:04 Board (BVA) Denials
16:29 Partial Grants, Remands, and Denials
19:25 Motion for Reconsideration
20:57 Motion to Vacate, Motion to Revise based on Clear and
Unmistakable Error (CUE)
23:45 Appealing to the Court of Appeals for Veterans Claims (CAVC)
23:39 BVA Appeal Deadline
25:59 How do you appeal to the CAVC?
26:37 What factors should veterans consider before appealing to
the CAVC?
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Thanks for watching, everyone! Please feel free to ask any questions you have after watching the video.
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Does your firm do social security appealls.
Does your do social security appealls?
Does it take 3 to 12 months for a decision typically after the RO gets remand instructions and after a
C & P Exam is complete? I'm a client and this has been explained to me already. But I seemed to forget... The RO should usually take 3 to 12 months to make a decision and or complete remand instructions... Correct?
Thanks again.
Charles Blackburn I
Worth mentioning the opportunity to request to Advance on Docket at the BVA. Had I not studied on my own & learned about it, I'd still be 138,000th in line. My lawyer never heard of it, I had to tell him twice, but I'm finally advanced.
@Mark Cinco, thank you for your comment! Here is some more information about expediting your VA claims: cck-law.com/news/how-to-expedite-va-disability-claims/
It’s funny how you always have to tell the lawyers multiple times. Mine waited until I filed one myself after telling me twice they would call me back on it. I could have requested to be advanced 2months prior to when I did and 4months before my lawyers submitted. The reason I didn’t is because of the lawyers 100%. They are in it for the $$$$. Made me want to fire them when they told me to stop. I had to remind them of their failures.
Great information! Thanks!
Thank you for tuning in!
I was waiting on a bva decision for about 3 years and I finally got through after getting a va lawyer involved.
How long did it take the VARO to make the decision?
@@TheKeke580 I'm still waiting on that, it's been about 129 days now. My lawyer said their a little backed up because the bva has been approving more grants in the past 18 months and the ro wasn't ready for this. The window for most decisions is between 120 to 150 days from what I was told.
@@darrylhudson2182 is the difference between the bva and varo?. My stuff just went to the bva with a va lawyer. I know that the bva is the board of veteran appeal. I dont think I have heard of varo. Please explain.
@@Desminique09 the only thing that comes to mind is VETERANS AFFAIRS REGIONAL OFFICE..? The BVA seems to be moving quickly through cases since more judges got hired BUT now the Regional Offices are getting overwhelmed and that's where a new backlog is happening.
@M.P. Oliver simple remand issues, the work load seems to have tripled for the regional office. It seems like a lot of cases were rushed to come up with a decision seeing how the fiscal year was ending about a month ago. Most people I know (including myself) weren't happy with the rushed decision and now we're forced into the new lanes to help those numbers when we all thought we presented more than enough evidence to get 100% back pays. It's a process but I'm pretty sure this won't be the 3 year wait like before.
every VA customer service rep who answers calls at the 1-800-827 1000 number needs to watch this
When a remanded hardship appeal is ready for a decision from a DRO. How long does it take?
Video should expound further on DROs and their roles and functions.
Thank you, this answers my question about what happens after the judge grants my direct docket appeal and didn’t give me a rating.
Thank you for watching! We’re proud to empower Veterans with information to help their VA claims. Have a great day!
Yes I received a remand; but it said on each line Entitlement to service connection for prostate cancer Entitlement to service connection for ED Entitlement for hair loss Entitlement for (SMC) loss to use organ Entitlement to temp and total disability for convalescence following surgical treatment for prostate cancer lastly; Entitlement to a total disability rating based on individual unemployability (TDIU) All remanded Is this a good thing or bad??? I was denied Aid, and Attendance I will fight for it I hope they give back pay on that If I win my case
I have partial grant and remand, will I receive a rating for the granted now or will they wait on the remands to receive a decision
Why would a VA Judge place an order of remand to a veteran's claim concerning denial of travel pay for his medical appointments? After receiving the VA-form 9 from Congresswoman Susan A. Davis, I submitted my Board of Appeals packet not only once but 4 TIMES! (July 2014, March 2015, March 2016, and July 2018) 1) the travel pay manager reassured me that my packet was sent and received by the Board of Appeals by also providing UPS labels with a tracking number. 2) I patiently waited one year and did not hear from the BVA so I contacted the travel manager who later informed me that the BVA misplaced, lost, or never did receive my packet. 3) I finally contacted the BVA and received an email from an BVA employee who clearly stated "your packet was never received. please contact the patient advocate." 4) Again, this happened 4 times. Now I have a remand order from a VA judge dated 19 September 2019 and I still have not heard from my local VA or from the BVA. This defeats the entire purpose of a veteran contacting the BVA to finally receive all of the money he is owed by the VA.
I thought the VA Regional Office in Muskogee, OK was the leader in using the old Deny, Delay, and hope he dies, but your regional office could be the teacher on using this technique.
I JerryTillie I recommend CC&K because they respond quickly to my first appeal, got CAVC to remanded my appeal back back to BVA , got a partial grant. Now CC&K have case back at CAVC again which CC&K put a lot of time with my case. I highly recommend CC&K to any veterans that need help they’re professional with Va law again I like to thank CC&K for for such quick response to help me again with my case.
Thank you for the kind words!
How long do it take to make a decision my husband appeal goes from Buffalo to Washington it's been eight years now
Can the board close a claim and at the same time order an at once C & P exam and because claim was closed the remind sent back because claim had been closed
my husband was turn down in 1992 for disabled the clam he was not in the area for agent orang now the law has Chan my guesting is he passed in 1996 was ther a time line for my calming I have refilled for it the first of this year 2020
yes they are
My appeal went before the BVA in late 2014, my appeal was finally granted for service connected hearing loss in October 2018. I originally filed my claim in February 2014. How long wait time from grant to seeing compensation and award letter?
From what i understand its 1-2 months. I just got my grant from the bva too
I had an appeal granted in mid August 2018 and am still waiting for a rating decision. My regional office is Philadelphia. I also had an appeal that was remanded at the same time. They're both in the same appeal or docket number, so that may be why my grant is taking so long.
@@magaroam yea, i had one granted and one remanded as well. I hope they dont take too long with mines. I just got my bva hearing last month.
@@magaroam I'm still waiting. BVA granted in July 2018. 3 issues 2 granted 1 remanded. Was told by my vet lawyer that new process sends decisions to DC office instead of sending back to your RO. Causing even more bottlenecks and wait times. Not sure but I think longer wait times benefit the VA coffers. Sadly alot of vets die waiting on "this" process. Good luck
@@DonnyGang88 I have a fast letter that states the granted portions of a partial grant are supposed to be expedited. If you would like I can share it with you if you're willing to give me an email. Also, if your regional office is Philly I have a phone number to contact the executive offices directly. I've done some investigating and contacting a lot of people to get the info I have.
Once a claim is remanded by the BVA how long does it take for the RO to make a new decision once they've completed the remand instructions?
@Steven Bumbalough, generally speaking, once a cass is remanded by the Board it can take anywhere from 3 to 12 months before the RO issues a new decision.cck-law.com/blog/newsfaq-friday-board-remands/
If the BVa granted you a new effective date 3 yrs ago, and there were 2 demands so they finally decided that it was denied ,when will get my back pay from 3 yrs ago that they granted me
You asked a very good question and one that I am trying to figure out as well. My appeals were granted and nothing sense the grants
Can bva correct a effective date from the RO issuing a rating and then putting the wrong effective date with the rating
Currently going through battling the BVA with effective dates. It was remanded from the CAVC back to the BVA, the BVA then remanded back to the regional. Did you ever get a correction?
What does not fully granted mean?
Questions have u guys ever had a judge remand all of a veteran claims of 10 different claims before ???
No, I've heard of a few but a entire claim??? Damn. Keep your foot straight up their ass, call in and keep checking the va.gov website... shit changes all the time
What is a MH-WEI EVAL?
Has the board ever reduced the amount as a result of an appeal.
I dont know about reduction, but they restored one of my ratings. I went to a c&p exam and one dr did what he wanted to and said what I was telling him it wasnt in my files. I went to va got my stuff and proved it was, but they go your entire case with a fine hair comb. He didn't respond to them for whatever they wanted thet restored my 20 bilateral chronic shin splint back to me.
My claim was denied because the cause of dead
Was no specified ..but now I have It ..the person use to have ptsd bipolar disorder
Depresion ect but .I can get the record ..cause we where not married ..what can I do.
He left 3 kids
If you were not married to him, you will not be entitled. Check governing laws on dependants and DIC. His kids may have a loophole if they are under 18 and you are their mother. Call a lawyer. This is very specific. Don't go to a VA representative.
Does your firm do social security appealls?
Celerino Jasso I applied for ssdi on my own. Had to wait five months without working. Luckily I had enough money to last to years. But try it on you own first
so my wifes have been waiting 3 + months for her pay increase
What is deffered means
Hi Mr. Rapper,
This blog post from our website may be able to help: cck-law.com/blog/va-claim-deferred-what-this-means-and-what-to-do/#:~:text=Generally%20speaking%2C%20a%20deferred%20Rating,an%20approval%20nor%20a%20denial.
If all these decisions are being REMAND the RO is doing a very bad job.
I'm going to talk to lawyer.
Bullshit .