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Kelly Severance

First Class Petty Officer
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  1. After a LONG uphill battle, my husband got great news last week! We found out through Va.gov that his TDIU had been granted after being on remand for 26 months (Legacy Appeal that started in 2011). But today, va.gov updated and we saw a commissary letter in there (which has never been there before), so we checked his AB8 and it says that he is 100% Permanent and Total! The judge granted him an excellent EED (back to Jan 2017). We are so thankful to all the help from this amazing community that provided positive help and guidance throughout this process! And of course we give all the glory to GOD! We will also be donating to Hadit! I will post a timeline a little later for anyone who is interested in our journey!
  2. Thanks @Berta! In the judge's remarks, he stated that the EED was based on the date that his sick leave showed significant increase! We don't have SSDI yet. We applied a couple of years ago and lost at the appeal level. However, we will be re-applying soon! He did however win his FERS disability! At the appeal level and AFTER we hired an attorney! Imagine that! We found that out a couple of weeks ago! Thank you @broncovet. We will be making a donation soon!
  3. Hello Everyone. I wanted to provide an update to this post. When I last posted, we had received an SSOC that the VA had completed the remand instructions for TDIU and that they were continuing the denial because my husband was in LWOP status while he awaited an appeal for medical retirement as a VA nurse. So.......I got some great advice from this forum as to the best way to proceed. Thank you all! A shout out to @broncovet for taking the time to walk me through all this. Here is what we did for NEW evidence .... 1. Hired a Vocational Expert, Patrick Clifford. We sent him all our medical documentation. He wrote a summary of my husband's disabilities and opined that he is unable to obtain or sustain SGE. 2. We printed his SS statement from online showing $0 for the last 2 years and sent that in. The RO still did not grant and sent it back to the BVA. We got the decision packet today from the BVA GRANTING TDIU!!!!!!!!!! Thank the Lord! God is Good! Not only did the judge GRANT TDIU, He set the effective date! Back to Jan, 2017. We felt this was remarkable because he did not apply until May 2017, and his last date of employment was Jan 2018....so we were stunned at the ED! This site, unlike many others, has provided encouragement for us! As well as ideas for moving forward! Thank you so much! Now......we wait for the RO to implement. Our last grant to implementation was 13 months......so I know we are in for a wait!
  4. I am interested in seeing how this turns out...... 2 days?? wow. I hope it's great news!
  5. SPO, I am in the process of completing an IBS presumptive for my husband. We have tons of records supporting the diarrhea/abd pain, including 2 hospitalizations. Unfortunately, at one time one of his PCP's made a diagnosis of Ulcerative Colitis without doing any tests (and this is part of the records I am sending). However, when he began seeing a gastroenterologist in 2016, he did the appropriate colonoscopy, stomach and intestinal biopsies and said there were NO signs of ulcerative colitis. I also have records of 2 other colonoscopies that showed "no acute process" from those hospitalizations. In the Lay statement, I refer to all this and emphasize that the specialist found no evidence of UC. My question is this, should I just not send those records with the UC diagnosis? As of now, I am planning to submit them because I believe they show his ongoing problems with IBS and ultimately (if they look at the records) they will see that UC was ruled out. Thoughts?
  6. Thanks Broncovet! I may have more questions later...... Unfortunately, we did not. My husband was still trying to work at the time and he just couldn't muster the energy to fight. I did not know much about the claims/appeals process at the time, so I didn't even know to appeal. I have learned so much from this forum and feel more prepared now with this great community behind me!
  7. Hello Hadit community. I am starting a claim for my husband for IBS Presumptive Gulf War. We filed a claim for this condition several years ago, in combination with several other gulf war presumptives that were all denied. So we are ready to try again after obtaining a good bit of medical documentation and diagnosis. We also have an appeal (in remand) still pending for TDIU. So my question is how to proceed. I have spend the last 2 years on the appeals board, so I'm not up to date. From what I've read, there is certain way to file if it is for a previously denied claim??? I also read that is you have an appeal pending, you have to use form 526 EZ. any expertise is appreciated. Thanks so much!
  8. thank you for responding JR Reihs! On the FERS application, HR officer did state that they could not accomodate or reassign my husband because his disabilities were so severe. OPM responded to that by saying that the HR officer was not his supervisor and therefore could not opine as to whether or not he could be reassigned!!!!!!!!! My mouth dropped open when I read it! As far as FERS, we are now at the appeal level and have been assigned a judge. In my rebuttal, that was one of the things that I addressed! My comment was something like: The HR officer opined that he could not be accomodated. That is his/her job. The HR officer gets their data from the supervisor, hence is qualified to make that determination" I am working right now on submitting a claim on one of his Gulf war presumptives, so thanks for that encouragement! I have also contacted a vocational expert (thanks Broncovet) and am sending him all paperwork for his expert opinion.
  9. Wow. I thought an IMO was much more expensive. I think we can swing that. Is Patrick Clifford someone that we could get in touch with? Does he have a website? Thank you Broncovet! I'm beginning to have some hope again!
  10. WoW! It was so refreshing to log in today and see such positive and helpful guidance! Thank you everyone. Berta, My husband did have to apply for SSDI in compliance with FERS retirement regulations. He was denied at all 3 levels. We just received that as well. We did retain an attorney for the hearing. I know it sounds awful that he has been denied at every level. But he is truly unable to work. He has other disabilities that we plan to file for (Gulf war connected) but we were advised to not file until his TDIU remand is settled, so we have not. I will definitely search the IMO forum tonight and begin that process. We thought that our PCP's letter would help, but apparently not enough and money has been very tight since he stopped working, so we did not do the IMO from the "get go". We have all private and VA medical records to date. In addition, the VES exams they sent him to found that he should be rated at 50% in stead of 30% for PTSD. The statement said they took those exams into consideration, but they did not increase his PTSD...... Broncovet, thank you for your response as well. I thought as you did, that SGE was based on salary, which has been ZERO since January 2018. So we will write a statement using their terminology against them. The final paragraph in his decision letter basically states that he meets the criteria and that medical records indicate his migraines have the potential to make him unemployable, but the denial was all about the fact that HR at his VA employer said he is still a full time employee.......... We are at the appeal level of FERS and have no lawyer (we cannot afford one). We have received correspondence from our judge with all of the things we have to do asap. We are definitely not qualified to do all that is required, so we thought about just dropping that and resigning the position. We have 30 days to respond with more evidence, or it will be sent back to the BVA for a final decision.
  11. Thank you for responding Johnny and Buck. We did send in a letter from his doctor stating that he is unemployable due to his SC disabilities (referenced in the next to last paragraph). Also, my husband has not worked since January 2018. He applied for FERS disability (and it is currently in the appeals stage, as it has been denied Twice). So the reason he is still listed as employed is because he applied for FERS disability. So they are saying that he is gainfully employed because he is still listed "in the books"......
  12. Hello Everyone. My husband received his SOC from the VARO on his remand. I have posted only the last 3 pages. The first few pages were just standard explanation of TDIU and factors that are considered for that disability, as well as a list of all the evidence we submitted. The last 3 pages explain the decision. I am confused because I know that veterans on this board have been approved for TDIU while in the process of applying for FERS. Any advice or comments are appreciated. Should we send in a statement from HR saying that while still listed as "employed", he has not worked since January of 2018?
  13. Thank you Pete! So many Veterans have been through this and it is awful. I am thankful for the encouragement and expertise on this site!
  14. Funny this came up today. We received a return call from the White House Hotline YESTERDAY. Over 2 years since remand. they stated that his SOC was. mailed yesterday and that he was DENIED! Waiting on letter. We are totally sick! Once we get the letter, we will know what we need to do, if anything. If we don't submit anything else, it will be sent back to BVA.
  15. Hey BroncoVet. You might have missed my earlier comment, but we got a White house return call this morning stating that his remand had been denied and an SOC was mailed today. We asked "why" it was denied and he said the reason was because he was gainfully employed............ Again...Not true! We just called Peggy to see what they said. She said that an SOC had been mailed on 3/11/20 and should arrive in 10 days. I know for a fact that they knew he was medically retired because there is a document in his CFile that we received mysteriously in January where the VA had done a deferred rating form for his TDIU. It states in the document that "VAMC treatment records indicate the veteran is medically retired from his VA Nursing Job"
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