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Kelly Severance

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About Kelly Severance

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  1. Thanks Vetquest. I hope so! I truly hope that since 2nd inquiry response was slightly different that they are taking the doctor's letter into consideration. From everything I've read lately, it seems that all remands are being sent to ARC and that partial grants are not implemented until the remand is complete........ My concern is this, If they will not finish up with the implementation of the grant (increasing his overall rating to 70%), how could they grant the TDIU (on remand)? Because without the increased migraine rating, he does not qualify for the TDIU.
  2. Update: We did send in the letter from the doctor (stating that my husband is unemployable) to our VSO who uploaded the letter to the VA for his case file. I am assuming that it will be accessible to BVA, RO, and ARC. This was completed a couple of weeks ago. We have since done another IRIS inquiry. The response was slightly different, so I am not sure if it means anything......but this response indicates that the grant is being reviewed (instead of pending review) and that the remand is still being worked (see the first one above for differences)...so I wonder if they got the doctors letter and are considering it?? STATUS OF PARTIAL GRANTIt appears a decision has been made on a portion of your appeal. At this time, our records indicate the decision is currently being reviewed and processed at your regional office. No other action is needed from you at this time. However, if further information is needed you will receive notification by mail. We are sorry that we are unable to give you a timeframe for this final stage in the appeals process. We appreciate your continued patience. STATUS OF REMANDThe Board of Veterans’ Appeals (BVA) has ordered that additional action is needed on your appeal before making a final decision. Your record is currently located at the Appeals Management Center in Washington D.C. When all the required actions are completed, your file will be reviewed. If any further action or development is needed, we will contact you. If not, you will be provided a supplemental decision or Supplemental Statement of the Case (SSOC), prior to returning your appeal to the BVA for a decision.
  3. My husband is in Legacy. He received his decision on March 7. Increased rating on Migraines and remand on TDIU. His increased grant increased his overall rating to 70%. This has still not been implemented. He is also supposed to get retro back to 2005. No sign of that either. Ebenefits appeals status just says "remanded appeal". We are approaching 7 months since the BVA grant and No change in anything that we know of.
  4. No. We have not called again. We are at almost 7 months since the BVA granted the increase. Still no retro or implementation of new percentage. We have done 2 other IRIS inquiries. The latest info said the appeal is at the ARC in Washington DC and the Grant is at our local RO in the review stage. Very frustrating!
  5. That's what I thought. I guess I could send a copy to the ARC and the BVA. When we told his VSO about the IRIS response, she did not have anything in her system about it being sent back, but she told my husband to "wait" on the SSOC. That just didn't seem like the best move to me....Thanks Broncovet!
  6. This is just an update for anyone following our case. * Our most recent IRIS inquiry revealed that the grant is still at the RO "pending" review ; and the remand for TDIU , which is at the ARC, is being prepared to be sent back to the BVA for a final decision (which means it was denied again by the ARC). * My husband has filed for Medical Retirement and SSDI since the first post. * We finally got a letter from his physician stating that in his opinion, my husband is unemployable due to his SC disabilities. However, we are not sure what to do with this letter because his file is in transition between the ARC and BVA. * We are at the 6 month mark since the BVA decision and the grant on migraine increase has still not been implemented (and no retro). So that's where we are.
  7. Hello Hadit community, I received an IRIS response a couple of days ago regarding my husbands Grant/Remand from BVA. Based on the letter, my grant is being worked at the RO and is "pending" review. The Remand (for TDIU) is at the ARC, but is soon to be sent back to BVA for a final decision (which means it was denied, I think). The letter is below. My question: We recently (this week) got a letter from my husband's doctor stating that in his opinion, he is unable to work and unemployable due to his disabilities. Should we go ahead and send this in? If so, where? To the BVA, ARC or both? Or should we wait on the SSOC? Also, any other interpretations of the letter? Thanks for any help! Here is a portion of the letter: It appears a decision has been made on a portion of your appeal. At this time, our records indicate the decision is pending review and processing at your regional office. No other action is needed from you at this time. However, if further information is needed you will receive notification by mail. We are sorry that we are unable to give you a timeframe for this final stage in the appeals process. We appreciate your continued patience. A review of our electronic records indicates at this time your file is physically located at the Appeals Management Center, in Washington D.C.. Your file is being prepared and reviewed to be sent back to the Board of Veterans Appeals (BVA) for a final decision. Prior to it being sent to the BVA you should be provided a Supplemental Statement of the Case that will detail any new information.
  8. My husband just won an appeal at BVA for an increased rating from 30% to 50% on migraines. He sent in Medical records dating back to 2002. He had a DBQ from his neurologist as well. His are completely prostrating and debilitating and occur 3-4 days a week. His records showed all the medications the private and VA doctors have tried and all his prophylactic medicines he has tried to prevent onset. His first hearing was in 2009 (for which he received a 30% rating in 2011) and his second hearing was in 2017, for which he was granted the increase to 50%. He is no longer able to work because of them. That's the evidence we had. I would definitely get a neurologist statement or DBQ. Good Luck!
  9. That's great News CaptMike!
  10. Thanks Vetquest. We suspect that you are correct....unfortunately. We were so hoping for the grant to be settled first. I guess if they are handling them together, then the statement "a decision has been made " could be good news and mean that it will all be settled soon......
  11. Thanks for your response. We will call again if we don't see any movement in the next couple of weeks.
  12. Hello Hadit Community. Just to refresh anyone's memory on our case.......my husband appealed a rating decision on migraines in 2011. He had his hearing in April 2017 at which time the judge discussed the possibility of TDIU because he is unable to work. He filed TDIU claim that day with his VSO. In December 2017, that claim closed and was denied. When his appeal came before the judge in Feb. 2018, he made the IU claim a part of my husband's appeal. We received the BVA decision on March 7, 2018 stating his migraine increase rating to 50% was granted and the TDIU was remanded. Since that time, there had been no movement. We made IRIS inquiries and called the VSO several times. We called the WHITE HOUSE hotline about a month ago and received a response by email. Here is what it said: Thank you for contacting the White House Hotline. You inquired about your remand. Your claim is currently at the Appeals Resource Center, in the last stages of processing. Your claim has been reviewed a decision has been made and now your claim is being finalized. Once finalization is complete you will be notified. We understand that this process is long and frustrating and we appreciate your service and your patience. So, at this point, we know it is at the ARC. The part that says "Your claim has been reviewed, a decision has been made and now your claim is being finalized" is very vague. I don't know if the "claim" they are referring to is the migraine GRANT that has already been decided or the TDIU remand. Any insights from anyone?
  13. Air1, My husband had a similar situation. He appealed a migraine rating in 2011. He had his hearing 4/17. At the hearing the judge mentioned the possibility of TDIU because he is unable to work. So he filed the IU claim that day with his VSO. In December 2017, the IU claim closed and was denied, however. when the case came before the judge in Feburary 2018, the judge had made it part of his appeal. In the BVA decision packet we received on March 7, it stated that he was granted the increased rating on Migraines, but the TDIU was remanded. We have not seen any movement since then. His increased rating for migraines has NOT been implemented and we have not seen any movement on the remand either, so we THINK they are working the remand and grant together, but we really don't know. Our VSO has not been able to give us any information. We have made an IRIS inquiry and a White House Hotline call. The white house hotline responded about a week ago and it said that the"claim" was in it's final stages and a decision had been made. It also said (we got an email) that it was currently at the Appeals resource center. Thats all we know. So it has been 5 months since the BVA decision packet. I have seen some that get their increase granted in a couple of months. Other's have indicated that the grant/remand were worked together and it was 6months to a year before any implementation. I hope your's moves quick! Good Luck!
  14. I thought about that too, but why would they drop you back down to 10%? Is the TMJ and dental disorder one rating?
  15. Wjason777, It looks like this is an unofficial letter from your VSO's office (DAV). It seems that the rater made a decision on the issues from your hearing a few months ago and that you are now SC for the Dental disorder and TMJ and headaches. I don't understand the dates...30% from Nov 2015 and 10% from Oct 2016. Maybe that means 30% on the dental disorder going back to Nov 2015 and 10% on TMJ going back to Oct 2016. 0% on headaches back to 2010, but 30% starting in Oct 2016. So......I'm totally guessing here, but maybe some retro coming on the dental disorder back to 2015 and the headaches back to 2016? Now since this is from the DAV and not the VA, we still don't know when your disability rating will increase or when the retro will come. But this should increase your overall rating to 80% (I think). 50% +30 +30 = 80 (the other 10% doesn't raise it anymore). All this ......IF I am reading this right. Still confused about the 2 statements under # 1.......
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