Remand

[mymissie]

Vet had a case,last four years Before the Board of Veterans Appeals.

He asked me to find out about his claim,as the DAV had not returned his phone calls at all, an the VA operator always told him they were working on it.

I sent an IRIS,and in 5 days got a response. NOT what he wanted to hear,but instead he was told that his case had been remanded back to the DRO in New Orleans.

No reason,just a letter saying that,and that his case would take time,as it was placed on the list,bottom?again.

They did not ask for more information,nothing.

He (VET) was shot in eye,service connected,has lost most of sight,got 30% comp-appealed it,now remanded.

His eye has gotten a lot worse from when he filed his last claim,has glocoma,cataracts,headaches,always crys,and now depression has set in.

Should he Now file for the new problems as secondary claims,AND Unimployability-as it now appears that his case will take years anyway????

He is on SS,with a lot of problems,an will never work again.

[Testvet]

I think he is going to need a higher rating than 30% to get an IU claim advanced depression secondary to wound/or has he had a PTSD evaluation I would think the eye wound would be a stressor that would be easily verified and after the rating for that then the IU claim would probably fly but the remand claim appears to be on the hamster wheel

[Wings]

x

x

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I say Yes, definately file now for all secondary conditions with a statement that the veteran is unemployable due to his combined disabilities. Hopefully, the claim will move with the new C&P Exams that he'll need to have. 4 years on remand is insane.

You should FAX any new evidence to the BVA, cite 38 CFR 20.1304(a)

Rule 1304(a) Submission of additional evidence following certification of an appeal to the Board of Veterans' Appeals, 38 CFR 20.1304(a)

Note: Unless you want the VARO to reviiew any additional evidence sent to the BVA, one must "waive prior review" by stating, to the effect, "Veteran affirmatively, waives the right of prior review of this evidence by Regional Office".

[Berta]

He should file a 21-4189 TDIU form, keep copy of it and send it to the VARO where his claim is at.

Does he get SSDI or SSI?

What disabilities does he get this for?

You said he is on a Remand-

Do you have the docket number and/or citation number?

Or do you have copy of the remand?

It will contain the keys to what he needs.

Does he have diagnosis of PTSD and has he formally claimed PTSD?

Any GSW is an obvious stressor. They usually award 50% PTSD for GSW- still hard to know how they will rate him.

Remands give us the keys to what we need-

for example I got remand 9-08 and didnt wait for VA to deal with it-

they said a cardiologist was to opine on my claim.

In the meantime I reached a cardiologist for an IMO and sent him the whole 9 yards of records etc- but I also carefully reviewed the remand and provided more material evidence to the BVA.

One piece of evidence I found after almost a decade-

it was right there in the record but I didnt understand how significant it was for a long time.

I googled the med terms on the net not expecting to find anything more than what the condition was.

I was shocked to see this was probative evidence for my claim.

I sent this to the BVA as well.

I wanted another duck in a row with MD behind his name to add to my IMos. My VCAA letter in 2003 never stated what evidence I needed to get.

The VA C & P 'cardiologist' was in fact a Physicians assistant who opined on the claim and I knocked down his opinion easily because he didnt have a clue.

I contacted and waited for the IMO cardio doc to call me or send me the IMO and then suddenly got a BVA award in the mail and I didnt need the additional IMO.

The point is with the remand in front of me in Sept I could concentrate solely on what the BVA said the VARO was supposed to do.

I did what I could do myself when I read it.I did expect a VA cardio opinion and knew I might have to combat it.Then again a cardiologist would have had a hard time rebutting my evidence.I wasnt going to take a chance on what they did.

This vet's remand as well must have had some key wording in it- did they order a C & P for his visual problems?

Have they diagnosed depression yet if not formally diagnosed the PTSD?

It looks to me that perhaps the initial claim was worded wrong.

Or the secondary conditions were not made clear to VA-

I assume he might be a Vietnam Vet?

Does he have diabetes mellitus as any other potential etiology for his visual problems?

30 % is ridiculous with loss of vision in my opinion and the cataracts etc if they are medically secondary to the GSW.

I feel he should apply for TDIU and get copies of his C file.

It is critical to study the actual wording of the remand.

If he didnt get copy of it- you could have him contact the BVA ombudsman at the BVA web site for a copy of it.or the DAV should have copy.

If those secondary conditions were not claimed he needs to put everything on the TDIU form (he can attach additional pages to the form).

A remand can sum up the whole case and clearly show what VA is looking for from the VARO.

But chances are the C & P the remand calls for will not be done right and will overlook probative evidence in the call.

I think 9 VA doctors-at least-have given my claims 'reviews' and opined on them over the years.

None of them were right.

Does he have a private physician or psychologist or any doctor outside the VA who can opine on his conditions?

I am baffled by the 30% with an apparent loss of vision when he got it.

The actual link to his remand would help us. Or the exact wording of it.

[mymissie]

He should file a 21-4189 TDIU form, keep copy of it and send it to the VARO where his claim is at.

Does he get SSDI or SSI?

What disabilities does he get this for?

You said he is on a Remand-

Do you have the docket number and/or citation number?

Or do you have copy of the remand?

It will contain the keys to what he needs.

Does he have diagnosis of PTSD and has he formally claimed PTSD?

Any GSW is an obvious stressor. They usually award 50% PTSD for GSW- still hard to know how they will rate him.

Remands give us the keys to what we need-

for example I got remand 9-08 and didnt wait for VA to deal with it-

they said a cardiologist was to opine on my claim.

In the meantime I reached a cardiologist for an IMO and sent him the whole 9 yards of records etc- but I also carefully reviewed the remand and provided more material evidence to the BVA.

One piece of evidence I found after almost a decade-

it was right there in the record but I didnt understand how significant it was for a long time.

I googled the med terms on the net not expecting to find anything more than what the condition was.

I was shocked to see this was probative evidence for my claim.

I sent this to the BVA as well.

I wanted another duck in a row with MD behind his name to add to my IMos. My VCAA letter in 2003 never stated what evidence I needed to get.

The VA C & P 'cardiologist' was in fact a Physicians assistant who opined on the claim and I knocked down his opinion easily because he didnt have a clue.

I contacted and waited for the IMO cardio doc to call me or send me the IMO and then suddenly got a BVA award in the mail and I didnt need the additional IMO.

The point is with the remand in front of me in Sept I could concentrate solely on what the BVA said the VARO was supposed to do.

I did what I could do myself when I read it.I did expect a VA cardio opinion and knew I might have to combat it.Then again a cardiologist would have had a hard time rebutting my evidence.I wasnt going to take a chance on what they did.

This vet's remand as well must have had some key wording in it- did they order a C & P for his visual problems?

Have they diagnosed depression yet if not formally diagnosed the PTSD?

It looks to me that perhaps the initial claim was worded wrong.

Or the secondary conditions were not made clear to VA-

I assume he might be a Vietnam Vet?

Does he have diabetes mellitus as any other potential etiology for his visual problems?

30 % is ridiculous with loss of vision in my opinion and the cataracts etc if they are medically secondary to the GSW.

I feel he should apply for TDIU and get copies of his C file.

It is critical to study the actual wording of the remand.

If he didnt get copy of it- you could have him contact the BVA ombudsman at the BVA web site for a copy of it.or the DAV should have copy.

If those secondary conditions were not claimed he needs to put everything on the TDIU form (he can attach additional pages to the form).

A remand can sum up the whole case and clearly show what VA is looking for from the VARO.

But chances are the C & P the remand calls for will not be done right and will overlook probative evidence in the call.

I think 9 VA doctors-at least-have given my claims 'reviews' and opined on them over the years.

None of them were right.

Does he have a private physician or psychologist or any doctor outside the VA who can opine on his conditions?

I am baffled by the 30% with an apparent loss of vision when he got it.

The actual link to his remand would help us. Or the exact wording of it.

Berta- You are a God send to all Veterans. Many Thanks for all the help,time,advice that you give! I try to understand all the advice that you give,but I can only give a helping hang to Vet,then I find other people who can give them the help they need to win their claims. God Bless you.

This is the only answer I've gotten-Fro IRIS.

This vet just asked me for help-DAV is not answering his call-

He is getting SS Disability for other problems from an accident.

The only reply he has received from VA is when I sent Iris 5 days ago. Their response was:

Your appeal was remanded back to your Regional Office from the Board of Veterans Appeals. Currently your appeal is pending with the Decision Review Officer. During this process,the DRO will review all evidence,arguments,statements from your representative,and any other pertinent information as it relates to your claim.

We are unable to give you a time frame when this will be complete as the DRO reviews claims in the order that they are received.

The Vet will bring me his complete file as soon as possibe foe me to get a complete picture.

The only # he give me over the phone was 397/IRP-may 24,04

If that is not the # for appeals-where do I fine it????

He never got a copy of the Remand. None in his Files.

His eye doctor give him a letter,where he stated that ALL THE PROBLEMS,loss of vision,GLAUCOMA,CATARACT,headache,eye tearing all the time are All directly linked to the gunshot to the eye.

[mymissie]

He should file a 21-4189 TDIU form, keep copy of it and send it to the VARO where his claim is at.

Does he get SSDI or SSI?

What disabilities does he get this for?

You said he is on a Remand-

Do you have the docket number and/or citation number?

Or do you have copy of the remand?

It will contain the keys to what he needs.

Does he have diagnosis of PTSD and has he formally claimed PTSD?

Any GSW is an obvious stressor. They usually award 50% PTSD for GSW- still hard to know how they will rate him.

Remands give us the keys to what we need-

for example I got remand 9-08 and didnt wait for VA to deal with it-

they said a cardiologist was to opine on my claim.

In the meantime I reached a cardiologist for an IMO and sent him the whole 9 yards of records etc- but I also carefully reviewed the remand and provided more material evidence to the BVA.

One piece of evidence I found after almost a decade-

it was right there in the record but I didnt understand how significant it was for a long time.

I googled the med terms on the net not expecting to find anything more than what the condition was.

I was shocked to see this was probative evidence for my claim.

I sent this to the BVA as well.

I wanted another duck in a row with MD behind his name to add to my IMos. My VCAA letter in 2003 never stated what evidence I needed to get.

The VA C & P 'cardiologist' was in fact a Physicians assistant who opined on the claim and I knocked down his opinion easily because he didnt have a clue.

I contacted and waited for the IMO cardio doc to call me or send me the IMO and then suddenly got a BVA award in the mail and I didnt need the additional IMO.

The point is with the remand in front of me in Sept I could concentrate solely on what the BVA said the VARO was supposed to do.

I did what I could do myself when I read it.I did expect a VA cardio opinion and knew I might have to combat it.Then again a cardiologist would have had a hard time rebutting my evidence.I wasnt going to take a chance on what they did.

This vet's remand as well must have had some key wording in it- did they order a C & P for his visual problems?

Have they diagnosed depression yet if not formally diagnosed the PTSD?

It looks to me that perhaps the initial claim was worded wrong.

Or the secondary conditions were not made clear to VA-

I assume he might be a Vietnam Vet?

Does he have diabetes mellitus as any other potential etiology for his visual problems?

30 % is ridiculous with loss of vision in my opinion and the cataracts etc if they are medically secondary to the GSW.

I feel he should apply for TDIU and get copies of his C file.

It is critical to study the actual wording of the remand.

If he didnt get copy of it- you could have him contact the BVA ombudsman at the BVA web site for a copy of it.or the DAV should have copy.

If those secondary conditions were not claimed he needs to put everything on the TDIU form (he can attach additional pages to the form).

A remand can sum up the whole case and clearly show what VA is looking for from the VARO.

But chances are the C & P the remand calls for will not be done right and will overlook probative evidence in the call.

I think 9 VA doctors-at least-have given my claims 'reviews' and opined on them over the years.

None of them were right.

Does he have a private physician or psychologist or any doctor outside the VA who can opine on his conditions?

I am baffled by the 30% with an apparent loss of vision when he got it.

The actual link to his remand would help us. Or the exact wording of it.

Berta, You are a God send to all veterans. Many thanks for all the help,time,advice that you give us.

I try to understand all the advice given but I can only give Vets a helping hand,then I find some one who can give them the help they need to wind their Claims.

He gets SS Disability-Wreck-Not his eye.

This is the only answer we have gotten from the VA(From IRIS) I sent 5 days ago.

Your appeal was remanded back to your Regional Office from the Board of Veterans Appeals. Currently your appeal is pending review with the Decision Review Officer. During this process,the DRO will review all evidence,arguments,statements from your representative,and any other pertinent information as it relates to your claim.

Once the precess is completed the DRO will make a Decision and prepare a Statement of the case. WE are unable to give you a time frame when this will be complete as the DRO reviews claims in the order they are received.

Another 4 years waiting?????

This is all the info I have until I get a copy of Vets Files.

Edited July 1, 2009 by mymissie

[sharon]

Vet had a case,last four years Before the Board of Veterans Appeals.

He asked me to find out about his claim,as the DAV had not returned his phone calls at all, an the VA operator always told him they were working on it.

I sent an IRIS,and in 5 days got a response. NOT what he wanted to hear,but instead he was told that his case had been remanded back to the DRO in New Orleans.

No reason,just a letter saying that,and that his case would take time,as it was placed on the list,bottom?again.

They did not ask for more information,nothing.

He (VET) was shot in eye,service connected,has lost most of sight,got 30% comp-appealed it,now remanded.

His eye has gotten a lot worse from when he filed his last claim,has glocoma,cataracts,headaches,always crys,and now depression has set in.

Should he Now file for the new problems as secondary claims,AND Unimployability-as it now appears that his case will take years anyway????

He is on SS,with a lot of problems,an will never work again.

The specified rating for blindness of one eye is 30% plus SMC under subsection (k). It makes no difference whether the veteran has light perception or no light perception in the blind eye—the rating is the same. There is no higher rate payable for one eye only, unless the eye has been surgically or traumatically removed (enucleation). In that circumstance, the specified rating for anatomical loss of one eye is 40%, again plus SMC under subsection (k), which is the only SMC authorized for loss or loss of use of one eye.

Keep in mind also that the definition of “blindness” is different for one eye versus both eyes—for blindness of one eye 38 CFR 3.350(a)(4) and 38 CFR 4.79 require “only light perception,” which they define as inability to recognize test letters at one foot plus inability to perceive hand movements or to count fingers at three feet. When both eyes are involved, the base level of blindness is 5/200 or worse in both eyes or concentric contraction of visual fields to 5° or less (SMC under subsection (l)). Blindness with light perception only (LPO) in both eyes pays a higher level of SMC (SMC under subsection (m)), but the term “light perception” is now construed literally—the veteran should only be able to distinguish between light and dark in either eye, and no more. The SMC level for blindness with no light perception (NLP) in either eye is again higher than the SMC level for LPO, and is in fact the same as the SMC level for anatomical loss of both eyes (i.e., SMC under subsection (n)).

He certainly can file a claim for the secondary conditons.

Check out the link below on blindness of one eye. He may have to amend his claim for an extra schedular rating.

http://www.va.gov/vetapp03/Files/0324067.txt