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lmorris08

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About lmorris08

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  • Service Connected Disability
    90
  • Branch of Service
    Marines
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    Fishing,Watching Football

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  1. My appeal was remanded on 2 Feb 2016 to St Petersburg RO. Does anyone have any idea how long this RO is taking to process remands. VLJ ordered that remand receive expeditious treatment at this point 8 months and counting. Is it feasible to file a Writ on Mandamus prior to one year?
  2. I received a remand from BVA on 4 Feb 2016. Curious as to how long it generally for RO to work remand and return it to BVA or AMC. In my case TDIU was "inextricably intertwined " with other conditions. Does RO normally expedite actions or is this another long delay? How can I track or check status?
  3. AskNod, Thanks you very much for the link. It definitely shed light on the Remand. I guess all I can do now is wait and pray it doesn't take another very...Very frustrated..I was hopeful the VLJ would make a decision at BVA. The wait continues...
  4. Berta, Thank you for your detailed and informative response... For Docket# 1216762 The letter from BVA stated... In xxx 2015, evidence added to the record included examination reports of examinations refer able to both coronary artery disease and the spine. As there is no indication that the Veteran has specially waived initial AOJ adjudication of this newly added relevant evidence, a remand is required for the AOJ to consider the new VA-generated evidence and issuance of a Supplemental Statement of the case. Note|: The VA generated exam mentioned is a C and P Exam for Gulf War Illness. I don't understand why the VLJ did not make a decision on TDIU and PTSD. IMOs were submitted RO support both. Just disappointing to have retained returned to RO/AOJ. I am hopeful the RO will issue a grant just don't have any idea how much longer it could take. i am wondering if RO will review and simply deny again.....
  5. I recently received a letter from the BVA remanding an appeal to the St. Petersburg Regional Office. These action by the BVA were both confusing and frustration. An increase for PTSD and Individual Employability was remanded. BVA directed the RO to do the following: 1. The RO should review the record, including all evidence received since the most recent issue of sates of the case in XXX 2012 and XXX 2015. If any benefit sought on for which a notice of disagreement has been filed remains denied, the appellant and representative if any should be furnished a supplemental statement of case and given the opportunity to respond thereto. 2. Inasmuch as the issue of entitlement to TDIU is deemed to be " inextricably intertwined " with issues of higher ratings for PTSD and Coronary Artery Disease, the RO should take appropriate adjudicative action on those actions and thereafter any appropriate adjudicative action on the matter of entitlement to TDIU. This claim should be afforded expeditious treatment. The appeal was remanded because of VA Generated evidence, A C and P examination for which there was no wavier of Area of Original Jurisdiction. Note: I believe the there is very strong evidence to support an increase for PTSD and the Claim for TDIU. Question: 1. Is there a likelihood that the RO will issue a partial or full grant with this remand of will RO issue SOC and return appeal to BVA? 2. How long does these remands usually take? 3. Does the remand add weeks, months or years to a decision? I appreciate any input on this matter. At this point I am both frustrated and confused. Some of the issue on appeal go back 10 years. BVA did reopen appeal for sinusitis which is a good thing because I have had this condition for years. Respectfully Thanks....
  6. Broncovet, . Thank you for your informative response. I stand corrected...NOD dates back to 2009. Docket numbers range from 1216XXX to 1507XXX... I am hopeful that wait time at this point is weeks instead of years. I am very grateful for having hadit.com as a resource to research and read to gain information. I am hopeful for a favorable decision at best, remand worse case. Hope VLJ gives supporting medical evidence a good look.
  7. My appeal was received by BVA on 11/20/2015. Latest progress shows VLJ since 01/14/2016. Any idea on timeframe for a decision. There are six appeals combined with ten contentions going back to 2009. Is decision likely in weeks, months or years? Please weigh in..
  8. Gastone, Thank you for you informative response. I opted for a videoteleconfernce hearing. A request to withdraw was submitted based on recommendation from my Attorney. I do know that the appeal is with the BVA and out of RO. New and Material Evidence was submitted along with a Waiver of Orginial Juirisdiction. In hind site seems like request for a hearing added 2 years to wait time at BVA. Just hope the VLJ look at all evidence and grants favorable decisions.
  9. Texas Marine , I appreciate your detailed and informative response to the my question. My appeals total five in number which I have been informed will be addressed at the same time. I just hope that the VLJ will look at the evidence of record and make a favorable decision. Its been a long road hopefully a positive outcome is near. I am so grateful to founders and members of hadit.com for such a valuable tool to help Veterans.
  10. I have received notification that my claims file and appeal has been received by the BVA. My appeal has a docket number with a year of 2012. I have read that the BVA handles upward of 45,000 appeal annually with an average of 202 days from receipt of appeal to dispatching a decision. I am wondering if I am looking at weeks, months or longer on a decision. Is there a link or site to see what docket number BVA has completed? Please advise..
  11. pwrslm, Thanks for your detailed and informative response.
  12. USMC_VET, Thanks for the response. If this claim is denied I plan on appealing. I will pursue the IMO while waiting on the appeal. I have experienced a great degree of difficulty in getting an IMO in the past. I will not give up..Again thanks.
  13. Pete992, Thank for your response. I could tell from the tone of the C & P Exam that the results probably would not be favorable. The Examiner rarely made eye contact. He asked questions and typed mostly until near the end when he conducted the physical part of the exam. He seemed agitated especially when I responded a certain way. He did not noted some of my responses the way I answered. It seemed like his goal was to refute the medical evidence that he had in front of him. He asked me if I lifted weights? I told him that I had not in year. He noted that my upper body was musclular abdomen area round..What does that have to do with a back condition or injury? I hope the Rater looks at the diagnosis and history of treatment. I just have to wait and see I suppose. Again thanks for your response.
  14. I recently under went a Gulf War Illness C & P Exam. I filed the claim based on the impressions that a VA Examiner found on a Gulf War Registry Examination. The impressions were: 1. Irritable Bowel Syndrome- Condition currently diagnosed treated by private doctor. 2. Cervical Degenerative Disk Disease with radiculopathy 3. Thoracic Outlet Syndrome 4. Sacroilac Pain/lower back Medical evidence was submitted with the claim ie. MRI demonstrating herniated disc at C5-C6. In addition the C6-C7 levels are fairly degenerated with mild to moderate bilateral narrowing, noted by Neurosurgeon. My question is if the if the C and P Examiner writes such comments as this under diagnosis what is the likelihood of a favorable rating...I ask because I have the diagnosis and treatment. "Cervical spondylosis with myelopathy (Icd9 code: 721.1) claimed as Cercical degenerative disk disease with radiculopathy. Veteran has a claimed disability pattern related to (neck pain in bilateral upper extremities that meets the criteria for a disease with a clear and specific etiology and diagnosis. Not caused by service or related to GW environmental exposure. Not caused by service or service connected conditions. As per medical literature, condition is the inevitable result of aging regardless of race, professional background, military service or history of trauma." This claimed was based on diagnosis, MRIs and treatment by pain management. These conditions were claimed on a presumptive basis. Your comments and input is appreciated...
  15. Ms Berta, Thank you for your informative and detailed response. I have read the article linked in your post. At the time I filed Diabetes secondary to HTN I was not aware of the causal like between SA and diabetes. My Psychiatrist is a Neuropsychiatrist, Distinguished Lifetime Fellow, American Psychiatric Assoc. The increase in my meds have begin to ease some of my symptoms of PTSD and Depression, however, I am often drowsy and sometimes jittery in daytime. I needed something bad for the nightmares..I am on Prazosin for that...other MH meds are Cybalta 180mg daily, Nortryptyline 75 mg daily, Perphenazine mg daily. HTN SC rated at 0 pct. I am not only dealing with MH issues my diabetes and neurapothy are reaking havoc.. I am on metfromine 2000mg daily and 1800 mg of neurotin. I admit most days I am out of it. I have been fighting this process since 2009...with an eventually grant of OSA after a couple year struggle. It has been very very difficult to get a good IMO for my medical conditions because my PCM is on the military base (Tricare Prime). I believe my Dep/PTSD rating is too low and CAD. CP Examiner for MH was a Psychologist. I will continue to perservere as I am applying for benefits which I feel as though I have rightly earned. I helped another 74 year old Veitnam vet go from 10pct to 90 in 18 months on AO claim. I met him in my Cardiologist office go figure...The maze is not easily navigated and insight is deeply appreciate. I have several issues on appeal even if the IU comes through I believe my current SC conditions warrants a T and P by the scheduler. I have a Diabetes II, Chronic Sinusitus, Diabetes and a back condition on appeal... Please advise
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