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

[FormerMember]

Extraordinary Writs cannot be filed legally until two years and one day. It was determined in 1984 that any less was not an arbitrary refusal to act.