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Kelly Severance

Second Class Petty Officers
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About Kelly Severance

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    E-4 Petty Officer 3rd Class

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  1. I have this feeling that this may happen in our case as well. If the IU is granted, we will definitely fight for the correct EED. Question, why did you do a HLR instead of having it sent back to BVA for the correct EED?
  2. Thank you Broncovet for your reply. To answer your question, Yes, we did file in May 2017, it was denied and then added to the appeal for the migraine increase at his hearing. In October, they did send us a new form and we did complete the form they sent and upload it into ebenefits. Hopefully the form they sent was the most recent! I would HATE to have more delay because of a dated form......
  3. Vetquest, thank you for your reply. Yes, we were concerned about filling out a new 21-8940 form for the very reason you listed above. He filled out one in May 2017, and it was denied. When the BVA made the decision to increase the migraines (on appeal) the judge took jurisdiction over the denied IU (as he stated he would at the hearing in April 2017), but then remanded it for further development. So in October of this year, when we received correspondence (the letter said they were working on our appeal) from the VA requesting another 21-8940, we were confused and of course worried that, if granted, the EED would be from the newest form (Oct. 2019) instead of May 2017.......but for fear of being denied, we complied with all of their requests, including private medical records that we had already faxed in. We will, of course, have it sent back for an EED if they grant based on Oct form.
  4. Just an update and some background to help anyone understand the attached correspondence from the AMO. My husband's appeal for IU was remanded by the Judge in March 2018 decision (migraine increased to 50%, IU remanded). He had previously applied for IU in May 2017 after his hearing for increased migraine rating. He was denied IU in December 2017. We began to receive correspondence from the VA in April of this year (2019) requesting the documents that the judge ordered in the remand. We faxed those in immediately. Then no other correspondence for awhile. Then in October, we received more requests (including medical records, 21-8940, 21-4142). We uploaded all of that in ebenefits, including a letter from his primary care provider (private doctor) explaining that in his opinion, my husband is unable to maintain employment due to his SC disabilities. I emailed the AMO a few days ago and received this reply:Thank you for your inquiry. On October 29, 2019, Atlanta Regional Office (RO) determined that you recently submitted a letter from your provider opining that migraines, PTSD, and Tinnitus makes you IU. Previous development was conducted in October 2017, but the evidence indicates your status may have changed. So, Atlanta RO needed additional development. Thank you for responding to their development letter. On December 12, 2019, your case was assigned to an administration team within Atlanta RO for appropriate action. Please contact our office if you need additional assistance. This reply seems hopeful. I just wanted to update!
  5. Thanks Vetquest and Paul. We already have the maximum rating for migraines. That was granted at the BVA by the judge in March 2018. We have also already received the backpay on that partial award. The only part of the appeal left unworked is the remand on TDIU. The remand order was also in March 2018. The only remand order was to acquire a few private medical records that were not already in the evidentiary record. So a couple of weeks ago, we get a letter from the VA saying they need us to fill out the 21-8940 and 21-4192 (we had already previously completed these forms in May 2017). So I'm guessing they wanted a more updated 21-8940 to continue processing the remand. My question is this, when the VA is working the remand, will they open a new claim? That's what happened a couple of days ago in VA.gov. A new claim opened (it said Migraine increase and TDIU increase).
  6. In VA.gov yesterday, there was a new claim that had been opened for TDIU (increase) and Migraine (Increase). I was wondering if this means that the VA is working on our remand? They sent us a letter requesting further evidence as they work our Appeal, and they requested that we fill out another 21-8940 and 4192 (? I think). We had previously filled those out in May 2017. But we filled them out again and faxed them in. Now it is showing up as a claim in Va.gov. So my question is this: Is this typical protocol when they are working on the remand portion of an appeal? The remand is also still "open" in VA.gov.
  7. Hello All. Quick question. Apparently a new claim opened on Nov. 14 that said "Authorization Review". And it closed yesterday. Any ideas what this might mean. The only thing we have still is a remand for TDIU, and that is still listed as remand with no other differences in ratings. It also says that a decision packet has been mailed. Any help would be greatly appreciated. Thanks!
  8. No. When I went on the site and followed the directions, it said that evidence for an appeal could not be uploaded. I went back to the letter from VA and used the number provided to fax it in. So I HOPE they got it..........but really no way of knowing!
  9. Hello Wayne. My husbands hearing was in april 2017. At that time, my husband told judge that he had been put on notice at work. The judge, in duty to assist, brought up TDIU, and stated that if the migraine increase was granted, then TDIU would be possible. So we filed for TDIU that day. He was denied TDIU by the VA in December 2017. Then in March 2018, we received the BVA decision packet that granted the increased migraine rating to 50% and gave us the overall rating of 70%. ALSO in that decision was a remand for TDIU. The only order in the remand was for the VA to gather some additional medical records that were not included in our claim. A few days after we received our reward for the migraines, we got a letter from the VA and a form for release of medical records, which we have already faxed back in, as well as sent the records they requested that WE had. So I'm hoping they are working on that . My husband has not worked in 18 months. Hope this helps. Good luck!
  10. Thanks so much Paul and Shrek for your responses. I'm about to give it a try!
  11. Hello friends. I am trying to upload more evidence for our TDIU claim. Anyone know how to do this in ebenefits?
  12. Update Everyone. We got our Retro this morning. Thank you Jesus! @treysnonnaI hope and pray you all get some relief soon. 11 months seems like a long time to wait on retro once your % has been updated from a grant! @25th Infantry for LifeI hope that you get your closure soon! We were told a variety of different things over the last 14 months. Have you tried emailing the BVA directly?
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