ptsd Remand from BVA to Regional Office

[lmorris08]

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....

 

 

Edited February 23, 2016 by lmorris08

[Berta]

Can you give us the Citation number and Docket number of the remand.

It should appear at the BVA web site soon.

I suggest that,if there is anything at all you can do ,that the remand calls for, do it and send the evidence directly to the BVA .

I asked BVA to remand my AO DMII death claim due to a VCAA violation.

They agreed my rights were violated but remanded instead for another C & P, from a cardiologist.

I had 3 IMOs already, 2 from Neuroradiologist and one freeby from a former VA Neurologist.

They had 2 against from a VA Endocrinologist.

I got a copy of the C & P right away (it didn't take more then about 2 months ) and here it was done by a PA, not a cardio.

I immediately attacked the exam (I know more about cardiology then the PA did) and stated why the exam was too 'speculative'.

BVA agreed and awarded the claim.

You might get a fair exam.

Do you get SSDI? Is it  solely for the PTSD and/or the CAD?

Do you have IHD due to Vietnam incountry service?

I should have requested a jurisdiction waiver but didn't. That's OK . The BVA can read. My VARO has literacy problems.

It took them (my VARO) 8-9 months to pay me ,after the award from BVA came ,but that is a long story and should not be something most claimants can expect.

If we can read the remand we can help more.

"Note:   I believe the there is very strong evidence to support an increase for PTSD and the Claim for TDIU"

Good but something is missing, otherwise BVA would not have remanded the claim.

 

[lmorris08]

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.....

[FormerMember]

Try this:

http://asknod.org/2012/02/16/everything-you-always-wanted-to-know-about-remands/

 

[lmorris08]

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...

[anglersd]

Bwahaha, thanks Asknod for that link! You've got a sense of humor like no other! BOOKMARKED IT!!

[lmorris08]

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?