Hello everyone! I have been lurking here for awhile, soaking up the knowledge & appreciating everyone's input. I really like the fact that I do not see fear-based responses to questions about EED appeals when the veteran is rated 100%. I found this to be the case on other sites.
I am the spouse of a Navy veteran who became unemployable/disabled in 2006 due to PTSD/bipolar and have been appealing this same decision now for 11 years (all NODs filed timely). The claim has staged ratings now with PTSD/Bipolar being SC as of 2006. Like many claims, it went from 30% to 50% to 70% through the years, increasing after each C&P. Finally, it went to TDIU, then 100% with SMC housebound, but with EED 11/2014 (date of C&P). It is currently a BVA remand, sent back to RO via AMC for addressing EED and questioning etiology of cognitive disorder beginning 2006. Another C&P in 2015. Now SSOC received from RO stating earlier EED denied for increased rating and etiology unclear. I reviewed the remand. RO Was incorrect on at least 2 things and did not read C&P, except for the end. I wrote a good argument, citing what remand asked for, what evidence showed and cited court cases, ect in support. I wrote this on behalf of my spouse & signed it accordingly. Evidence not even list in the SSOC was the VA psychiatrist my spouse has been seeing for the past 11 years, which I stated. I included some disability reports the psychiatrist had completed for other places through the years and stated those may be new & material evidence. I quoted everything & listed evidence, trying to connect all of the dots for them. SSA disability is also in C-file, listed for same diagnosis and onset date.
Now, with that history in mind, I am wondering if I should have included a waiver to RO and had the whole file sent back to the BVA. Or, should I wait and let them review evidence, prepare new SSOC, hoping that they connect the dots back to EED & maybe won't need BVA? I am still within the 30 day window to respond.
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Navy62Spouse
Hello everyone! I have been lurking here for awhile, soaking up the knowledge & appreciating everyone's input. I really like the fact that I do not see fear-based responses to questions about EED appeals when the veteran is rated 100%. I found this to be the case on other sites.
I am the spouse of a Navy veteran who became unemployable/disabled in 2006 due to PTSD/bipolar and have been appealing this same decision now for 11 years (all NODs filed timely). The claim has staged ratings now with PTSD/Bipolar being SC as of 2006. Like many claims, it went from 30% to 50% to 70% through the years, increasing after each C&P. Finally, it went to TDIU, then 100% with SMC housebound, but with EED 11/2014 (date of C&P). It is currently a BVA remand, sent back to RO via AMC for addressing EED and questioning etiology of cognitive disorder beginning 2006. Another C&P in 2015. Now SSOC received from RO stating earlier EED denied for increased rating and etiology unclear. I reviewed the remand. RO Was incorrect on at least 2 things and did not read C&P, except for the end. I wrote a good argument, citing what remand asked for, what evidence showed and cited court cases, ect in support. I wrote this on behalf of my spouse & signed it accordingly. Evidence not even list in the SSOC was the VA psychiatrist my spouse has been seeing for the past 11 years, which I stated. I included some disability reports the psychiatrist had completed for other places through the years and stated those may be new & material evidence. I quoted everything & listed evidence, trying to connect all of the dots for them. SSA disability is also in C-file, listed for same diagnosis and onset date.
Now, with that history in mind, I am wondering if I should have included a waiver to RO and had the whole file sent back to the BVA. Or, should I wait and let them review evidence, prepare new SSOC, hoping that they connect the dots back to EED & maybe won't need BVA? I am still within the 30 day window to respond.
Thanks for your time in reading this!
Edited by Navy62SpouseMistakes
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