Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Remand Rating

Rate this question


deanbrt

Question

I have a secondary claim (August 2006) that went all the way to CAVC, remanded back to BVA and then remanded back to RO in August of last year. I have been told because of the remands it is a priority case for action. I believe it to have been at the rater since the end of January. I called the 800 number a couple of weeks ago and they said it was still at rating but that they had all of the information they needed.. It seems like this is taking too long. There were two things to be rated, so it is not like it is several. Any input would be appreciated. Three IMOs in my favor are part of the documentation and I have been on SSDI since December of 2006.

Link to comment
Share on other sites

  • Answers 12
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

If you have a Service Organization call the VARO and ask to talk to your SO and ask them to see if they can get the RO to move. If not that I would write a letter and explain that you are considering a Writ of Mandamus if you do not hear back within 30 days.

I wish there was something more and am hoping that others will have suggestions.

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

It looks like once your claim is with the rating dept, they do not distinguish your claim which is a priority from all the others piled up. Mine was a reconsideration claim which actually is a Cue was in development for 1 month before it went straight to the rating team. And there it sits with god knows how many more. I wish there was more positive information to tell you but based on all the input from members here its going to be another waiting game.:mellow:

Link to comment
Share on other sites

Mine was a reconsideration claim which actually is a Cue was in development for 1 month before it went straight to the rating team.

CB,

Say what ? ? ?

A claim requesting reconsideration can't also be a claim for CUE.

In a claim for reconsideration you are basically in agreement with the denial

but want the issue RECONSIDERED along with additional evidence/ information.

A claim for CUE can only consider the evidence/information of record at the time

the prior decision was made.

NO ADDITIONAL EVIDENCE/INFORMATION WILL BE FOR CONSIDERATION

IN A CLAIM FOR CUE.

Carlie passed away in November 2015 she is missed.

Link to comment
Share on other sites

I signed up for authorization on eBenefits to see what is going on last Wednesday. They told me it would take a week for me to get access...

If you have a Service Organization call the VARO and ask to talk to your SO and ask them to see if they can get the RO to move. If not that I would write a letter and explain that you are considering a Writ of Mandamus if you do not hear back within 30 days.

I wish there was something more and am hoping that others will have suggestions.

Link to comment
Share on other sites

  • HadIt.com Elder

Good luck on that one it takes those guys three months to answer a simple email question and than they ignore the question.

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

At least I can see what they are seeing then when I have phoned the 800 number..

Good luck on that one it takes those guys three months to answer a simple email question and than they ignore the question.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Vicdamon12 earned a badge
      One Month Later
    • ArmyTom earned a badge
      Week One Done
    • kidva earned a badge
      Reacting Well
    • kidva went up a rank
      Apprentice
    • kidva earned a badge
      Collaborator
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use