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.

[Berta]

Hadit is the true GODSEND to veterans-but thank you for those kind words-

there are many here helping vets by the day

"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."

Are you sure the DRO has this information?

Sharon made excellent points as to the K award- he should probably have gotten the K award for years-

A GSW is an obvious stressor.

I think if he files the TDIU form it could get this moving faster but he would need to raise the PTSD issue.

A dear friend of mine in next town had 2 PHs on his DD 214 and 40 % SC for GSW to leg, the other injury was well healed, limited small scar and rated at "0" SC which he never appealed.

I knew this vet well -over 20 years-and knew he had PTSD but he refused to even consider that.

I got him 100 % P & T for a different AO disability but he still refused to file for PTSD.

He received SMC but then VA took the SMC away.

He still refused to file for PTSD.

I used to help him in my home with his claims but was in college when he had this SMC problem and I sent him to a local rep. The rep- a combat vet himself -convinced him to file for PTSD, they awarded a 50% due to the PH for PTSD , set him up with a PTSD doc,and then restored his SMC (forget how the percentages worked out for that )

My long point here is that this vet in my opinion should be rated much higher-and at a 100% (extraschedular or TDIU )level.

With a DRO review pending- it sure is the time to make sure that the C file contains ALL evidence they need to award and a TDIU form in my opinion-should be filed ASAP.

Someimes vets wait for a rating to file TDIU form- they are losing thir Earliest effective TDIU date in many cases by doing that and allowing the VA to low ball them again.

Does he get 30% for the GSW to eye claim?

I think there could be a CUE here if in fact he re-opened the claim but didn't appeal the original decision within a year.

The DRO job description in M21-1 is here at hadit under a search. I sent them the whole thing when the DRO failed to properly adhere to this citeria for DRO review.

I got another review.

Having the M21-1 criteria for DRO review can help considerably to understand what the DRO can do.

And they MUST consider all evidence properly.

[gdsnide]

Get a Lawyer.................GARY