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Kelly Severance

First Class Petty Officer
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Posts posted by Kelly Severance

  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. 11 hours ago, SPO said:

    Submitted the claim this morning, with no DBQ.  I did send multiple Gastroenterology reports including blood work and colonoscopy findings, referred them to get my VA med file, and a lay statement similar to the one I posted.  Here's hoping it goes well, and quick.  Also hoping it doesn't mess with my C-file request.  Thank everyone for your input.

    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?

  5. 38 minutes ago, broncovet said:

    Ok.  An appeal for tdiu is not "stand alone" but part of an appeal for increase and tdiu.  The court has ruled there is no "stand alone" tdiu claim.  

    I think you are asking "what form" do I use.  And, as often it is with the VA, the answer is a bit complex.  However, according to the VA website the best way is to apply online via ebenefits:

    https://www.benefits.va.gov/BENEFITS/Applying.asp

    While I have not done this RECENTLY, you will likely have some options:  HLR, SCL or BVA.

    1.  HLR (higher level review)  Dont use this if you have or will have new evidence.  

    2.  SCL This allows new evidence.  If you have an IMO "on its way", then you can go ahead and indicate that an IMO will follow. 

    3. BVA

         Since you are already at the BVA, this leaves one option, SCL (Supplemental Claim Lane)

    Again, the safest way is to apply via ebenefits.  If you do this, apply for issues "not on appeal" with the BVA.  In other words, if the BVA has your claim for TDIU, then you can apply for everything else, "even tho" there is no stand alone tdiu claim.  If the BVA "does" adjuticate your tdiu as stand alone, you can appeal that denial as I did.  

    Thanks Broncovet!  I may have more questions later......  🙂

    21 minutes ago, kanewnut said:

    Are you saying that you didn't appeal these? It seems to many of us that that is the way the VA does it. If you don't appeal good for them. I encourage anyone that feels they are right to not give up.

    This is from asknod.org and his opinion of HLR. This is his latest column. This has been my experience also.

    My quandary is whether to do a VAF 20-0996 Higher Level of Review (HLR) or go to the BVA on direct review and have someone who can count without using their fingers do it. Since there is no intelligent life at the 56 ROs across our fruited plains, my choice is limited. From what I’ve seen so far, a HLR would probably produce an identical result and a confirmation that Tammy and Katrina are spot on. In all my years of doing DRO formal reviews, all I ever encountered was a copy and paste of the original denial with essentially a “What part of ‘no’ did you overlook?” Here, the relative inability to understand SMC at all indicates the futility of a successful do over. I’m hearing from other Attorneys that some of these HLR litigators  er VA examiners are emailing or sending us letters saying they refuse to do a HLR informal telephone call because nothing we say would ever change their minds. Many of these attorneys have submitted legal briefs to explain the error. VA puts these in the circular file and claims we are not permitted to submit squat. Imagine. Due process?

    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!

     

  6. 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!

  7. 3 hours ago, JR Reihs said:

    On your FERS application..........Did your employer opine as to whether they could accommodate your husbands disability?  

    OPM is a stickler on this subject, and that is why I ask.  Resigning should never be considered, you will leave to much on the table, insurance being one of the biggest , and that can not be replaced no matter what you get moving forward.

    Anything you think that is SC related should be filed on right now, not only will it strengthen your VA case, it will strengthen your SSDI and FERS case. 

    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.

  8. 26 minutes ago, broncovet said:

    I got an IMO from Patrick Clifford, a Voc rehab specialist, upon the advice of my lawyer, Chris Attig.  Chris "won" a remand at the CAVC with instructions for the Board to decide if hearing loss alone was sufficeient to render me unemployable.  Mr. Clifford wrote a great IMO for me, he charged me two payments of 300 each (both on a credit card) for the IMO, and I won a six figure award based on his IMO.  

    You see your doctor can opine you are unable to work due to sc conditions, and you need that.  But, when they want to be a pain (most of the time), they can still deny alleging that you could "potentially" find other work.  You have to show you cant do any job, not just your old job.  That is where the voc rehab comes in.  They often retrain you, but, they can opine if you are not a good candidate to retrain.  For example, if you are 60 years old blew out your knees and never touched a computer before, its not likely you can become a computer programmer at age 60 and still get a job as a programmer.  Its probably not feasable.  

    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!

  9. 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.

     

  10. 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"......

  11. 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?fullsizeoutput_513.thumb.jpeg.611809ce55309a2149c8b31c63561202.jpeg

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  12. 48 minutes ago, pete992 said:

    Kelly, sorry that you and your family is going through this. You are not the only ones sick. Years ago I was in a similar situation. I continued my claims and was finally granted 100% scheduler. I recently received a BVA grant for an EED back to 1998. It still hurts the hardships that I went through and no amount of money can replace what I lost. I can only look forward whenever I get this resolved.

    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!

  13. 12 hours ago, TammyUSAirForce said:

    Kelly did your husband receive his Grant's? I'm in the same situation. 

    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.

  14. 13 minutes ago, broncovet said:

    Do this in this order:

    1.  Send an IRIS email inquiring why your (2 year old remand) has not been completed, and ask for the "status".  Explain its a legacy appeal.  

    2.  Call "Peggy" and ask the status, write down the time, date, and who you spoke with as well as their response.  

    3.  Call the white house hotline ask them why your remand (where "expiditious treatement") is required, has gone on for 2 years.  

    4.  After all this is documented, and you have given them time to respond, consider filing a writ of mandamus to compel VA complaince with the remand order expiditiously, as required by law, or to give you a written decision as to "why" they can not process this claim immediately.  

        Source:  The VA took 3 years to do my remand for tdiu, and you have to keep the pressure on.  "The squeaky wheel gets the grease". Yes, I won, but it took forever.  Delays like this pressure them to award.  In your writ, ask for a "real solution" that the VA has already proven they dont respond to remands.  

    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"

  15. Thanks Shrek!  I really needed that Pep talk!  We have just called his former employer and they are drafting a letter stating that he has not been employed in 2 years.  That should be here by Monday or tuesday.  The SOC should be here about that time as well.  

    The white house rep told my husband that he would have (30 or 60 days??, husband does not remember) to send additional documentation before it was sent back to the BVA.

  16. Well Update:

    UPDATE:  My husband just got a call back from White house inquiry just a few minutes ago.  The man stated that a decision had been mailed out from the Atlanta RO this morning and that his TDIU claim had been DENIED!  The man stated that the reason for his denial was that he is currently gainfully employed!!!!!!!  WHAT??? He has not worked in 2 years!  The only thing I can figure out is that he is still listed  as employed by the VA because he applied for FERS disability 2 years ago as well.  Any insights?  I am at a total loss!  Denied FERS, SSDI and TDIU all in the same month!  I am so discouraged!

  17. 1 hour ago, pete992 said:

    Kelly, you didn't state anything about your husband's health. Does he meet the criteria to advance his claim on the docket? You can call BVA and ask where is your husband's claim on the docket.

    Pete, 

    My husband does not qualify for hardship.  He does not have a terminal illness (Thank the Lord) and is still able to get up and groom himself, but that is about it.  According to va.gov, there are 151, 579 appeals on the docket and he has 18,000 in front of him.  

    Another note.....we also contacted our VSO in Atlanta in February.  She stated that the last entry in his file was the partial grant for increased rating on migraines.  Nothing on the remanded portion.

  18. Thanks everyone for responding!  I'll try to answer all questions here.  The remand was part of a partial grant on March 7, 2018.  In this order, the judge granted his (my husbands) request for migraine increase to the maximum (50%).  He remanded his claim for IU.  The remand orders were for the Regional office to obtain medical records for 2 private doctors, readjudicate, and if the result was unfavorable, return to the board.

    In April, 2019, the granted portion was settled and we received our first correspondence that the VA was working on the remand.  We sent in all requested documents.  Around October, we began doing inquiries through IRIS, BVA, and white. house hotline to get updates.  Also in October, we received more correspondence requesting another form 21-8940.  Thought that was strange, but we complied.  As it turns out, that letter was apparently just an automatic letter from VA once it realized that criteria for IU had been met and they were doing their "duty to assist" thing.  When we did that, a claim opened in va.gov and ebenefits for increase in all his SC disabilities and IU.  He was sent to 3 C & P's in december.  All favorable.  After 4 weeks, that claim closed.  Weird.  WE called IRIS to find out why,  and they stated that when they realized IU was already on remand, they closed the claim so that adjudication of the remand could continue.  In february 2020, we did another BVA inquiry.  Their response indicated that our remand was pending 730 days and they were forwarding to the atlanta RO for immediate attention.  Atlanta RO responded with some BS about our options for AMA (direct,  higher level review, etc). STUPID!  This is a remand on a legacy appeal!  Our last inquiry was another IRIS phone call.  they stated that it had been sent back to BVA.  

    In ebenefits and VA.gov, it still states that it was last updated on march 7, 2018.

    So we have been trying to find out what is going on, but have had no luck!

  19. I thought a remand to the Compensation Director meant that for the appeal to be approved, the veteran would first have to be approved as Extra Scheduler.  Meaning, the veteran is asking for a higher percentage than that particular disability pays.  

    For example, the highest rating for migraines is 50%.  If the veteran believes that he/she deserves more than that (say 70%), then it would first have to be approved by the compensation Director.

  20. Update:  My husband called IRIS today.  The nice lady told him that the reason the TDIU claim that closed on Jan 25 had disappeared was due to the fact that they already had a form 21-8940 on him and that once they realized this, they had to close that claim in order to move forward on the remand (keep in mind that they asked for another 21-8940 in their correspondence.  She also said that the main hold up had been waiting his last employer (the VA) to send in his employment information, which they received on Jan 22.  She also said that right now they are looking at his PTSD (I guess since the new exam warrants a higher rating) and that it shouldn't be too much longer for a decision. 

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