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Understanding Your BVA Decision: Denials, Remands, and Grants from the Board of Veterans Appeals

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  • เผยแพร่เมื่อ 16 ส.ค. 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?
    Feel free to ask questions, give us feedback, or request new veterans' law topics below! And don't forget to SUBSCRIBE so you won’t miss future videos.

ความคิดเห็น • 76

  • @CCK_Law
    @CCK_Law  5 ปีที่แล้ว +6

    Thanks for watching, everyone! Please feel free to ask any questions you have after watching the video.
    TIP: In the description below the video, there are timestamps (in blue) that you can click on to get to a specific question or topic.

    • @vidalrodriguez3711
      @vidalrodriguez3711 5 ปีที่แล้ว

      ?nl0

    • @celerinojasso4180
      @celerinojasso4180 4 ปีที่แล้ว

      Does your firm do social security appealls.

    • @celerinojasso4180
      @celerinojasso4180 4 ปีที่แล้ว

      Does your do social security appealls?

    • @charlesblackburn2668
      @charlesblackburn2668 4 ปีที่แล้ว +1

      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.

    • @robertpaglia8390
      @robertpaglia8390 4 ปีที่แล้ว

      Charles Blackburn I

  • @markcinco8405
    @markcinco8405 5 ปีที่แล้ว +4

    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.

    • @CCK_Law
      @CCK_Law  5 ปีที่แล้ว +1

      @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/

    • @andgary6544
      @andgary6544 2 ปีที่แล้ว

      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.

  • @darrylhudson2182
    @darrylhudson2182 5 ปีที่แล้ว +11

    I was waiting on a bva decision for about 3 years and I finally got through after getting a va lawyer involved.

    • @TheKeke580
      @TheKeke580 5 ปีที่แล้ว +1

      How long did it take the VARO to make the decision?

    • @darrylhudson2182
      @darrylhudson2182 5 ปีที่แล้ว +4

      @@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.

    • @Desminique09
      @Desminique09 4 ปีที่แล้ว

      @@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.

    • @darrylhudson2182
      @darrylhudson2182 4 ปีที่แล้ว +1

      @@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.

    • @darrylhudson2182
      @darrylhudson2182 4 ปีที่แล้ว +1

      @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.

  • @andrewprzenkop5885
    @andrewprzenkop5885 4 ปีที่แล้ว +1

    every VA customer service rep who answers calls at the 1-800-827 1000 number needs to watch this

  • @donmilland7606
    @donmilland7606 4 ปีที่แล้ว

    Video should expound further on DROs and their roles and functions.

  • @ManatBest47
    @ManatBest47 4 ปีที่แล้ว +1

    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.

    • @char23c
      @char23c 3 ปีที่แล้ว

      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.

  • @jermainem3399
    @jermainem3399 4 ปีที่แล้ว +2

    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

  • @abq5525
    @abq5525 4 หลายเดือนก่อน

    Thank you, this answers my question about what happens after the judge grants my direct docket appeal and didn’t give me a rating.

    • @CCK_Law
      @CCK_Law  4 หลายเดือนก่อน

      Thank you for watching! We’re proud to empower Veterans with information to help their VA claims. Have a great day!

  • @terencegdmn
    @terencegdmn 5 หลายเดือนก่อน +1

    Great information! Thanks!

    • @CCK_Law
      @CCK_Law  5 หลายเดือนก่อน

      Thank you for tuning in!

  • @maryjoinerberry1015
    @maryjoinerberry1015 4 ปีที่แล้ว +1

    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

  • @jerrytillie8093
    @jerrytillie8093 2 ปีที่แล้ว

    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.

    • @CCK_Law
      @CCK_Law  2 ปีที่แล้ว

      Thank you for the kind words!

  • @loveydovey6792
    @loveydovey6792 4 ปีที่แล้ว +2

    When a remanded hardship appeal is ready for a decision from a DRO. How long does it take?

  • @robertphillips3045
    @robertphillips3045 ปีที่แล้ว +1

    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

    • @ChrisWilliams-sf7hu
      @ChrisWilliams-sf7hu ปีที่แล้ว +1

      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

  • @QuentinAD
    @QuentinAD 4 ปีที่แล้ว +1

    What does not fully granted mean?

  • @lesterpeterssr3968
    @lesterpeterssr3968 3 ปีที่แล้ว

    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

  • @marydarrisaw5684
    @marydarrisaw5684 2 ปีที่แล้ว

    How long do it take to make a decision my husband appeal goes from Buffalo to Washington it's been eight years now

  • @stevenbumbalough4483
    @stevenbumbalough4483 4 ปีที่แล้ว

    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?

    • @CCK_Law
      @CCK_Law  4 ปีที่แล้ว +1

      @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/

  • @Iamcoletv
    @Iamcoletv 3 ปีที่แล้ว

    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

  • @jaywright3112
    @jaywright3112 5 ปีที่แล้ว +1

    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?

    • @DonnyGang88
      @DonnyGang88 5 ปีที่แล้ว

      From what i understand its 1-2 months. I just got my grant from the bva too

    • @magaroam
      @magaroam 5 ปีที่แล้ว +1

      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.

    • @DonnyGang88
      @DonnyGang88 5 ปีที่แล้ว +1

      @@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.

    • @AOkie68
      @AOkie68 5 ปีที่แล้ว +2

      @@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

    • @magaroam
      @magaroam 5 ปีที่แล้ว +1

      @@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.

  • @zakenka
    @zakenka 4 ปีที่แล้ว

    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

    • @SoftSpotty
      @SoftSpotty 3 ปีที่แล้ว +1

      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.

  • @gtoexpress8111
    @gtoexpress8111 4 ปีที่แล้ว

    Questions have u guys ever had a judge remand all of a veteran claims of 10 different claims before ???

    • @darrylhudson2182
      @darrylhudson2182 4 ปีที่แล้ว +1

      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

  • @allennoble9261
    @allennoble9261 3 ปีที่แล้ว

    Can bva correct a effective date from the RO issuing a rating and then putting the wrong effective date with the rating

    • @mrsdreamweaver8677
      @mrsdreamweaver8677 ปีที่แล้ว

      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?

  • @jeffrobinson1488
    @jeffrobinson1488 5 ปีที่แล้ว

    What is a MH-WEI EVAL?

  • @benjaminhernandezsantiago7399
    @benjaminhernandezsantiago7399 4 ปีที่แล้ว

    yes they are

  • @gregboose8228
    @gregboose8228 4 ปีที่แล้ว

    Has the board ever reduced the amount as a result of an appeal.

    • @Desminique09
      @Desminique09 4 ปีที่แล้ว

      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.

  • @sargentking2436
    @sargentking2436 2 ปีที่แล้ว +2

    If all these decisions are being REMAND the RO is doing a very bad job.

  • @andrewprzenkop5885
    @andrewprzenkop5885 4 ปีที่แล้ว +1

    so my wifes have been waiting 3 + months for her pay increase

  • @celerinojasso4180
    @celerinojasso4180 4 ปีที่แล้ว

    Does your firm do social security appealls?

    • @mr.cleanone3900
      @mr.cleanone3900 4 ปีที่แล้ว

      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

  • @roel6142
    @roel6142 2 ปีที่แล้ว

    What is deffered means

    • @CCK_Law
      @CCK_Law  2 ปีที่แล้ว

      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.

  • @s.4230
    @s.4230 2 ปีที่แล้ว

    I'm going to talk to lawyer.

  • @MP-so2ps
    @MP-so2ps 5 ปีที่แล้ว

    Bullshit .