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BVA Remand for PTSD EED


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 Navy62Spouse

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I would use the waiver and get the heck out of the RO let BVA decide it

RO don't like giving up retro of 11 years too.jmho

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Porgee, thank you for your response.  I already sent my argument with evidence in a week ago.   The claim is at the Cleveland RO currently (which I hear is the worst) on a remand from BVA.  Can I send in an RO waiver at this point, or will the RO be reviewing evidence/developing from what I just submitted?  In looking at CFR 38 & M21-MR, It sounds like the waiver only applies if the claim is currently at the BVA & prevents them from remanding to the RO for evidence review.   

Edited by Navy62Spouse

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