Sadly, you are generally correct. If the VA awards service connection, the next legal issue becomes the assigned evaluation and effective date. Those issues can linger on appeal for another 3-5 years. That’s why it’s important to submit evidence to support a good evaluation despite the evaluation not being on appeal yet. You want to avoid another drawn out appeal for the evaluation. Generally, right now it’s taking the VA about 4-6 months to execute bva judge decisions. We wish you a speedy and favorable adjudication.

@@VADisabilityGroup thank you

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

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.

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!