[Bva Remand]

Berta,

Did not see your reply prior to my reply to John, thanks John.

IU isn't the issue here at all. We did file a TDIU last Oct and were denied, as the SSD determined IU was not

in relation to a SC condition.

At BVA, there is 1 issue on appeal, cut and dry. Three Components are present:

Present disease-injury/related to in-service occurence/2 Nexus letters relating current disease/injury to service,

1 of those from a QTC doc, 1 from Vets private MD. A stack of medrecs VA didn't have when they made the

determination of the claim in April 08, awarding him 70%. The final issue is the clencher.

VA made decision on records they had through mid 04 only, even with the 70% SC. They have everything now,

up to date and always sent CM/RR. SO was never ever available, but that is in the past and we are in the present

so it's a moot subject with the SO. Their POA was revoked after the hearing and the file has moved along a little

fast than a snail's pace since, which is to say it's faster than with the SO we had!

Thanks for answering my question....

[Bva Remand]

Yes, but SSD disabled him for a non-SC condition few years ago. IU is not what we're going for. It's a case of 100% schedular rather than trying for the

bits and pieces to get to 100%. That would never happen. You can have a whole sling of 10's, enough for a pretty little necklace and still won't get to 100%,

so we are going for the 100% SC on this final issue. Definetly meets all the criteria, without a doubt. The entire original claim was denied, appealed,

re-reviewed for the 70%, granted at RO level, the rest of it, (1 issue) went to BVA, hearing occurred, remand to AMC, file went back to AMC DC on 9/2

per IRIS inquiry.

I appreciate your thoughts.....I'm trying to find out who makes the decision on the issue that was appealed? Is it that AMC makes a recommendation to BVA

based on the evidence and on any additional evidence the VLJ asked for, and sends the file back to DC for final decision.

I may have not listed my question specifically. My apology.

Does anyone know who does make that final decision? We waived rights for RO's to readjudicate as the claim is moving into the old stack at BVA and was pretty

clear the original RO couldn't tell their right from their left. Long story......

Thanks.

[Bva Remand]

Hi,

Can anyone tell me why AMC is returning a remanded claim (all development was completed) to DC?

Who does make the decision? From what I have read, it seems like the AMC makes a recommendation

to the BVA and BVA will concur or deny. Either way, can the BVA can reverse the decision? We don't know

what the decision is yet, if any. Will that actually come from AMC via snail mail or BVA? BTW, we self-rep

and plan to keep it that way. Last SO did nothing for the claim.

Claim was awarded 70% in April 08, but still had one other issue on appeal that went the whole nine yards to

BVA.

We are going in to the 7th year of this claim.

Thoughts appreciated.

[Waiting For Sign Off On Dro Tdiu Award]

Billy,thank you-As you can tell ,I am sweating this out.I appreciate understanding and input..It would be my pleasure to have a few cold ones with you-on me.

How many signatures do you need on a TDIU claim decision?

[Computer Generated 60 Day Letter]

Have received several of these spit out of the pc letters, however, none received this month. You know the ones, every 60 days, blah, blah...doing all we can to process you claim, etc. and so forth.

I wonder, wonder, wonder if possibly since this months "letter" didn't arrive when scheduled, and DH's TDIU claim will be 60 days and counting on 6/23, if VARO is finally getting around to rating it. It's been there since 4/24/09 per IRIS and 1-800, filed the darn thing last October.

Reluctantly we have had to keep the VSO on board as there is a pending decision at BVA also, the VA did set up a temp file for the TDIU. If I had enough energy to post what VSO said, I would.....lets just say they don't know how to count. Reps says, oh they don't count weekends when counting out the days, they only count business days a claim is in the pot getting stirred. When I was the heavy hearted soul who worked for an attorney who had a contract processing foreclosures on VA home mortgages (in the 80's), they sure counted the weekends for those who were losing their homes. Interesting.....

Thoughts????????

VetsLady

[Tdiu And Ssdi]

Where did you obtain the form to request SS regarding primary and secondary disabling conditions?

We were advised it would take 6-8 months to research. Really think that SSA just didn't want to bother.

He has SSD since 2006 - filed for TDIU about 8 months ago, no word yet except the usual every 60 day

form letters.