[White House Hotline]

Thanks for your response.  We will call again if we don't see any movement in the next couple of weeks.  

[White House Hotline]

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?

[BVA granted PTSD -REmanded TDUI]

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!

[7 Year Appeal, When will it end?]

I thought about that too, but why would they drop you back down to 10%?  Is the TMJ and dental disorder one rating?

[7 Year Appeal, When will it end?]

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.......

[7 Year Appeal, When will it end?]

Wjason777,

My husband is going through the same thing.  We received a partial win/partial remand.  The BVA decision was made on March 7, 2018.  He was granted increase on Migraines to 50% and the tdiu was remanded back to VARO.  The VA has not implemented to increase on migraines nor sent the retro.  We are approaching 110 days since decision.  I made an IRIS inquiry 7 days ago and have not heard anything on that yet either.  Best of luck to you!

[Our Appeal Story, Timeline, and Question on Remand]

Good idea Vetquest.  That should not be a problem.  All of his colleagues could attest to his condition many days at work and leaving work early. I have had to pick my husband up many days from work over the last 5 years, and from Urgent Care (he ended up there many days and could not drive home).  Thanks for your help!

[Our Appeal Story, Timeline, and Question on Remand]

Broncovet,

The letter is a good idea. Thank you for the template.  I think our plan of action will be to go to the doctor this week and work on the physician's statement supporting unemployability due to SC disabilities and then hopefully take that form to his supervisor with a letter as you suggested.  Then .....send it all in as evidence.....That seems like a good start.  Thanks so much for pointing us in the right direction!

[Our Appeal Story, Timeline, and Question on Remand]

Berta, YES!  That is his BVA decision letter. You are quick!  I was just talking to him about the 21-8940 form (he has a migraine right now, so he is not in a "talking" mood) but he did say that he filed that at the VARO on the day of his hearing.  He does not have a copy of it, but surely his VSO does (so I will email her tomorrow); so I do not know if they included the judges recommendations in the "remarks" part of that form.  We do have the transcripts from the hearing, though.  

[Our Appeal Story, Timeline, and Question on Remand]

Broncovet, I think your suggestion to go to his employer about termination will be our next step.  Our VSO advised him to NOT resign as she thought it would hurt our chances of TDIU.

[Our Appeal Story, Timeline, and Question on Remand]

Berta, Here is the docket number: 14-28 755

At the time of the hearing, (this was in april, 2017), my husband had been put on "Notice" at work and presented that paperwork to the judge.  He just recently received another letter in from the VA hospital ordering him to return to work or call ASAP.  But no separation letter or termination.

His VSO also suggested that he have a physicians statement that he could no longer work due to his SC disabilities.  We have an appointment this week with one of his private physicians to hopefully get that.

He has filed the 21-8940 formally.

His total rating with the migraine increase is 70%, so that is the reason that the 100% schedular is not a possibility right now.

[Conflicting information]

Hello Hollie!  One thing that we have learned through many claims, 2 appeals, and a remand is that we have many copies of EVERYTHING!  We send copies into the appropriate places and present them in person when necessary.  There have been many times when evidence has gotten "lost" throughout the process and if you don't check ebenefits regularly, you may not know until it's too late.  So, in answer to your question,  I agree with Broncovet and Buck.  Do both.

[Our Appeal Story, Timeline, and Question on Remand]

Berta, thank you so much for your response!  We have not been sure how to tackle the proof of unemployment (as this was reason the VA denied his IU claim).  If the VA hospital has not fired him, what is the best course of action?  He has been under "sick consideration" since he started there and so I feel that they are very careful with him in that aspect.  Should he just officially resign?

He has never applied for SSDI.  I have talked to him about it, but he feels he will not get it, again, because he is still listed as "employed".

Here are his remand orders:

Accordingly, the case is remanded for the following action:

1.  The AOJ should ask the Veteran to identify any non-VA treatment related to his claim for a TDIU due to Service-connected disabilities since June 2005

The Veteran should be informed that the following treatment records are already associated with the evidentiary record:   (all of the treatment records that we took to hearing and submitted are listed)

The AOJ should undertake appropriate development to obtain all outstanding treatment records pertinent to the veteran's claim.

The Veteran's assistnce should be requested as needed.  All obtained records should be associated with the evidentiary record.

The AOJ must perform all necessary follow-up indicated.  If any records are not available, or a negative response is received, the AOJ should advise the veteran and his representative of the status of his records, and give the veteran the opportunity to obtain the records on his own.

2.The AOJ should obtain any outstanding VA treatment records to include from the XXXVAMC from October 2017-present and from the XXXVACM from December 2017-present.  All obtained records should be associated with the evidentiary record.

3.After the development has been completed, readjudicate the claim of entitlement to a TDIU.  If the benefit sought remains denied, provide the veteran and his representative with a supplemental statement of case, and return the case to the Board.

That is it.  It ends with the statement about expeditious treatment.

It is encouraging to know that your husband got SSDI on 30%PTSD, and I am so glad you fought for that!  On my husbands original IU claim, the VA did request SSDI records, but of course, there were not any.

[Our Appeal Story, Timeline, and Question on Remand]

Thank you VetQuest for your response.  To answer your questions, His neurologist (origninally started seeing him though VA when they approved Botox) did complete paperwork (a DBQ, I think) that helped with his appeal by defining his as “very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.”  So I think he might agree to another letter.  

I have read about a couple of cases in which the RO completed all remand instructions before settling the grant; however most cases I have read the grant was settled long before the remand....so I was hoping that would be our case.  In addition, our VSO as well someone at the VA (IRIS) said something to the effect that he was being paid back to 2005 on the migraines.  So this is why we were hoping for the retro on the grant in a more timely manner.

One of the paragraphs in the BVA decision letter under "Rating Principles" states..."In this regard, the Court has explained that if "economic inadaptability" were read to import unemployability, the appellant, should he or she meet the economic inadaptability criterion, would then be eligible for a rating of total disability based on individual unemployability resulting from service-connected disability rather than just a 50% rating..."

Did yours say anything similar to that?

[Our Appeal Story, Timeline, and Question on Remand]

Hello everyone and thanks for your time on this post,

I apologize for the LONG post.  This dates back to 2005

* My husband's original claim for SC on migraines and PTSD was in 2005.  He was denied. (Gulf War Vet in 90-91)

* he appealed and in 2006 he was granted SC on both for 30% each in 2011. From the BVA decision to the VA implementation, it took 14 months!!! Crazy!

*He then appealed for higher % in migraines within the year (very debilitating and misses 50% of work hours at that point in 2012)

* He had his hearing with VLJ in March 2017.  During the hearing for increase on migraines, the judge suggested filing for TDIU because he had leave statements from work.  At this point, he was able to work about one day a week.  The Judge stated that if he granted the 50% on migraines, it would bring his total rating up to 70% and this would help meet the criteria for TDIU.

*He filed a claim through VA for TDIU within a month of hearing; he was denied because he was still "employed" at the VA hospital (he is a nurse), even though he only earned $14, 000 in 2017.  Because he is a disabled veteran, the VA has not fired him due to inability to come to work most days.

* In march 2018, we received a decision packet from BVA.  The judge granted his 50% on migraines all the way back to 2005 (original claim date).  In addition, he "took over" the TDIU claim and made it a part of his appeal.  The judge remanded the TDIU.  The remand instructions ordered the VA to obtain some additional medical records that were not included in the evidentiary record and some that were from 2017-2018.  No mention of C&P.

* It has been over 100 days since the BVA decision and there has been no implementation by the VA to grant the increase in his rating on migraines, nor have we seen any retro pay.

* To date, he has not been able to work a day since Dec 2017, but he is still listed as "employed" as a nurse at the VA....so of course we are worried about that because I guess he is still considered employed.

*We have not received anything from the RO on the remand or anything that is going on with that.

*So that's our story....  Sorry it's so long, but I would be interested in anyone's take on our chances of getting IU based on my husband's situation and the judges "suggestion" to file TDIU, and the remand orders....

*Finally, what else could we do to improve chances?  

 

[Ahhh! Pray for us]

Treysnonna,

Your husband's situation is somewhat similar to my husband's case.  I don't have any answers for you because I am very new to this also, but we can keep posting and learning.  My husband has been through 2 appeals via the BVA:

* the original claim for SC on migraines and PTSD in 2005.  He was denied. (Gulf War Vet in 90-91)

* he appealed and in 2011 he was granted SC on both for 30% each.  From the BVA decision to the VA implementation, it was 14 months!!! Crazy!

*He then appealed for higher % in migraines within the year (very debilitating and misses 50% of work hours at that point in 2012)

* He had his hearing with VLJ in March 2017.  During the hearing for increase on migraines, the judge suggested filing for TDIU because he had leave statements from work.  At this point, he was able to work about one day a week.

*He filed a claim through VA for TDIU and within 6 months, he was denied because he was still "employed" at our local VA hospital (he is a nurse), even though he only earned $14, 000 in 2017.  Because he is a disabled veteran, the VA has not fired him due to inability to come to work most days.

* In march 2018, we received a decision packet from BVA.  The judge granted his 50% on migraines all the way back to 2005 (original claim date).  In addition, he "took over" the TDIU claim and made it a part of his appeal.  The judge remanded the TDIU.  The remand instructions ordered the VA to obtain some additional medical records that were not included in the evidentiary record and some that were from 2017-2018.  No mention of C&P.

* It has been over 100 days since the BVA decision and there has been no implementation by the VA to grant the increase in his rating on migraines, nor have we seen any retro pay.

* To date, he has not been able to work a day since Dec 2017, but he is still listed as "employed" as a nurse at the VA....so of course we are worried about that because I guess he is still considered employed. We have not received anything from the RO on the remand or anything that is going on with that.

*So that's our story....  Sorry it's so long, but I would be interested in anyone's take on our chances of getting IU based on my husband's situation and the judges "suggestion" to file TDIU and the remand orders....

 

[BVA Appeal Question]

Thank you BroncoVet and Buck52 for your responses.  

BroncoVet, We are nearing the 3 month mark since the BVA decision, so hopefully the VARO will implement soon!  It's very frustrating! 

Buck52, According to our VSO, who apparently has more info than we do, my husband is being paid back to the original claim (2005) at the 50% rate for migraines.  His total rating now is 60% (30% PTSD, 30% migraines; 10% tinnitus), so with the increase, his new rating will be 70%.  In addition, the judge informed him at his hearing about TDIU and told him that he might want to apply considering the severity of the migraines and the amount of work he has missed....so we did file a claim right after that hearing, which was denied by VA in a few months; HOWEVER: when we received the BVA decision, the judge had put a remand on the TDIU for further development (Which we believed was good news considering the TDIU was never part of the appeal).

Sorry, I got long winded..........

[BVA Appeal Question]

Hello all.  I am new to posting, but have been researching on this site for awhile and have learned so much.  I have a question for anyone who can advise. Here is a short background on the case.  My husband filed his first claim in 2005 for service connection on Migraines and PTSD.  He was denied shortly thereafter and began an appeal which was granted (after several years and a hearing with VLJ) 30% in each disability in June 2011.  However he appealed the 30% on migraines because they are so debilitating and were causing him to miss a great deal of work.  He had his hearing in April 2017 and received a decision on March 7 2018 that he had been granted a 50% rating on migraines and a remand for TDIU.  Here is where the question comes in.  Vets.gov has recently updated their site and I was able to see all the past events from the FIRST APPEAL.  The timeline of that appeal stated that the BVA made a decision on his appeal on March 1, 2010.  However, the VA did not grant the issue until May 26, 2011 (that was also when the retro check was received).  I know the remand portion will take awhile, but we were hoping for the increased rating and retro soon.  We are almost at the 3 month mark now since the BVA grant.  Do you think we will have to wait 14 months for the retro like we did on the first appeal?  Thanks for any input!