desertstorm

Claim for depression/confusion,chronic headaches, and respiratory condition, and Gulf War Undiagnosed Illness, and NSC was filed on 4/10/2007. Out of ignorance I withdrew NSC claim. September 11, 2007 decision received from St. petersburg, FL RO denied SC for all issues. Formal NOD filed 2/212008 requested a formal hearing before DRO. Filed a claim for PTSD in 5/08/2008 and claim for NSC 6/10/2008. Filed IU claim in 11/3/2008. April 20, 2009 I had DRO hearing. SOC received 5/19/2009 denied all issues. Filed Form 9 dated 5/28/2009 stating I do not want a BVA hearing. Decision rating dated 6/19/2009 granted NSC pension effective date 6/2008. Received SOC 1/16/2013 PTSD prior to 10/30/2009 denied. SOC dated 1/31/2013 Granted SC for depressive disorder(claimed as PTSD) 30% effective date 10/30/2009. Filed claim for Fibromyalgia,IBS, and depression/confusion(now claimed as major depressive disorder) on 10/29/2009. Received denial letter dated 2/8/2010 stating STR's could not be located. Filed VA form 21-4138 dated 4/7/2010 requesting reconsideration for rating decision. Decision letter dated 8/23/2010 granted SC 20% for Fibro and 10% for IBS. Depressive disorder/confusion (now claimed as MDD) associated with fibro was denied. Form 9 NOD filed on 9/3/2010 requesting increase in rating(s).SOC dated 3/6/2013 denied increase of ratings. Filed VA Form 9 appeal to BVA requesting rating increase for MDD and denial of PTSD. On same Form 9 I appealed denial of increased in ratings for IBS and Fibro. C-file is back at St. Pete RO received on May 30th 2013, with the following issues on remand: Entitlement to SC for PTSD Entitlement to an initial rating higher than 20% for fibro Entitlement to an initial rating higher than 10% for IBS. I have been told by VSO that MDD, Migraines and chronic bronchitis are remanded also. I'm not sure why 2008 BVA appeal MDD, migraines, and chronic bronchitis was remanded. Except the BVA decision letter says The matter is before the BVA on appeal of rating decisions in August 2010 and in January 2013 of a Dept. of Veterans affairs RO. The appeal is remanded to the RO via the AMC in Washington, DC. Also,can someone tell me how to find BVA remand decision. I have the docket #. I apologize for the long posting. I've been dealing with these issues for a long time and needed to vent.

I received a letter from BVA which states the following appeals dated 2009 have been remanded back to St. Petersburg Regional office: increase in rating for fibromyalgia ......currently 20%, increase in rating for IBS.....currently 10%. Also, in March 2013 I received service connection for MDD secondary to fibromyalgia....30% . I filed a NOD on the MDD rating. I already had the following appeals at BVA level since 2008 and they went before the VLJ on April 2013 PTSD, Migraines and Bronchitis.. Instead of providing a decision on the appeals which were already at BVA level...they have been remanded back to St. Pete regional office along with appeals for increase in rating ....fibromyalgia, IBS and MDD. Wording on BVA paperwork states:Accordingly, the case is REMANDED for the following action: Schedule the veteran for a hearing before a Veterans Law Judge by videoconference at the St. Petersburg Regional Office. My question is why weren't the appeals that were already at BVA level not addressed?

I haven't posted in a while but I would like to ask a question. I am currently service connected for fibromyalgia at 20% and irritable bowel syndrome at 10%. I have filed for a NOD for both conditions which is currently with the DRO at the Regional Office in St. Pete, Tampa. I had a terrible flare-up of fibromyalgia and had to go to the emergency room two days May 5th and 6th. Today I called the 1-800 number and told the representative that I wanted the emergency room notes to be submitted as new evidence in support of my NOD. I also have had to go to the emergency room for fibromyalgia other times throughout the appeal process. My question is, if I have continued to have flare-ups and the current medication I am taking for fibromyalgia is not helping, will this warrant an increase in percentage? They lowballed me from the beginning because I met the medical requirements for a 40% rating. I'm wondering if they will send me to have another C & P exam. Any thoughts or comments are appreciated.