If it’s like Carol’s saying going to three years, then you have a possibility of appealing that to get them to do it quicker but in all likelihood it is going to take a couple years.Ĭarol Ponton: Right. The veterans’ court, the court of appeals for veterans’ claim has basically said that expediting means under two, two years or under. Matt Hill: Unfortunately, for a veteran who has a decision from the board remanding there’s language in there and they’re saying that it’s supposed to be expedited by the regional office. This veteran who is service connected for their back would get the rating for the back, start getting paid for the back, but they would not evaluate the unemployability till they got around to it, and it’s taking three years right now. What they do is they bifurcate, they take it apart, they effectuate the grant, do a rating decision, pay the veteran for that, but then the rest of it sits there. The remands, where they tell the regional office, “You need to evaluate this, do a CMP exam, they are taking three years. They’re put into place within a couple of months usually, no more than three. When the remand comes back, if there’s a grant the grants are effectuated. What’s confusing is how the VA acts on that. The VA may grant the service connection for the back and then send back the unemployability because once the back is rated, then that will help decide whether or not the veteran’s entitled to unemployability. Say the veteran asked for service connection for their back and service connection for unemployability. Matt Hill: That’s called a remand when they send it back.Ĭarol Ponton: It’s called a grant or it’s called a remand …Ĭarol Ponton: Often what we see is a mixture of both. Basically they can grant your benefits or they can send the case back the regional office and tell them to do a number of things have another C&P exam, collect more evidence, a number of things. Okay? What happens if they don’t deny your claim? They can do one of two things. I don’t think their … I think a lot more cases are not denied than are denied. The board can either deny your benefits and if they do then you can appeal to the Court of Appeals for Veterans’ Claims. Since so many people don’t go to the board they don’t understand what happens when they get a decision back from them. Today we just want to talk about what happens there with its decision making and what it does.Ĭarol Ponton: Right. Earlier we’ve spoken about how we encourage veterans to take their claim all the way to the Board of Veterans’ Appeals and just to go over where that is in the whole scheme, you file your claim at the regional office, if it’s denied once and then denied twice you have an opportunity to appeal up to the Board of Veterans’ Appeals. I’m Matthew Hill here with Carol Ponton, with the Hill and Ponton video blog and today we want to talk to you about decisions at the Board of Veterans’ Appeals. Social Security Disability Benefits Guide.
List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map).Individual Unemployability Rating Calculator.
0 kommentar(er)
