Thanks for the comment. It depends on the legal issue before the BVA judge. If a previously awarded evaluation was appealed and the BVA judge awarded a higher evaluation, then that exact evaluation will be awarded by the VA when it executes the judge's decision. Conversely, if service connection was the legal issue on appeal and the BVA judge awarded service connection, then the specific evaluation will be determined by the VA adjudicator once they execute the Judge's decision. That percentage will be within the discretion of the adjudicator. Unfortunately, at that time you might have to appeal the evaluation assigned. This is quite common and can be maddening. best of luck!
I've a certified Appeal of March 2007, having had Hearing on 08-07-2022 and Remanded Decision of 12-07-2022..Noticed on Monday, my last 30 day Evidence finally ended. On the va.gov website, I uploaded a final statement of fact (Monday past). My Appeal has two issues; Pension and Character of discharge. Am ready for 3rd CAVC appearance, this time as Pro Se v/s Another useless Joint Remand. Had two previous and Prevailed twice.
Your claim sounds complex. Nice job continuing the fight. We hope you achieve the equitable decision you deserve! Don' t hesitate to contact our office if you would like a review of your case (844 838 5297). All the best!
Thanks for the comment. This is actually a little faster than wait times other Veterans are experiencing right now. The delays at the BVA are extreme. We are seeing about 3 - 4 year average wait times. All the best! -VADG
What happens with your rating on a granted?
Thanks for the comment.
It depends on the legal issue before the BVA judge.
If a previously awarded evaluation was appealed and the BVA judge awarded a higher evaluation, then that exact evaluation will be awarded by the VA when it executes the judge's decision.
Conversely, if service connection was the legal issue on appeal and the BVA judge awarded service connection, then the specific evaluation will be determined by the VA adjudicator once they execute the Judge's decision. That percentage will be within the discretion of the adjudicator. Unfortunately, at that time you might have to appeal the evaluation assigned. This is quite common and can be maddening.
best of luck!
@@VADisabilityGroup thank you for your reply, it was very helpful.
I've a certified Appeal of March 2007, having had Hearing on 08-07-2022 and
Remanded Decision of 12-07-2022..Noticed on Monday, my last 30 day Evidence finally ended. On the va.gov website, I uploaded a final statement of fact (Monday past). My Appeal has two issues; Pension and Character of discharge. Am ready for 3rd CAVC appearance, this time as Pro Se v/s Another useless Joint Remand. Had two previous and Prevailed twice.
Your claim sounds complex. Nice job continuing the fight. We hope you achieve the equitable decision you deserve! Don' t hesitate to contact our office if you would like a review of your case (844 838 5297).
All the best!
It took me 3years at the bva
Thanks for the comment. This is actually a little faster than wait times other Veterans are experiencing right now. The delays at the BVA are extreme. We are seeing about 3 - 4 year average wait times.
All the best!
-VADG