Remand Rating

[deanbrt]

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.

[COOL BREEZE]

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.

The Va(development team) put a statement in the c-file that stated "CUE" on this current undecided claim(cardio issue) that is with the rating team. That's why I stated that even though what you are saying is correct!

[deanbrt]

I thought at rating a remand was a priority, also?

[carlie]

I thought at rating a remand was a priority, also?

deanbrt,

In reality what this actually does is put you at the bottom of a certain set of claims(remands) and then yours has to work it's way to the top of those claims to be worked.

In regards to "rating a remand was a priority", this is what ALL REMANDS

from the BVA state at the bottom.

"This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2009)."

[deanbrt]

Thanks for the note. I signed up with DEERS so I could see into eBenefits but they entered my name wrong and now it looks like it will take until the end of the week to correct. The claim went to rating Feb. 17.

deanbrt,

In reality what this actually does is put you at the bottom of a certain set of claims(remands) and then yours has to work it's way to the top of those claims to be worked.

In regards to "rating a remand was a priority", this is what ALL REMANDS

from the BVA state at the bottom.

"This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2009)."

[deanbrt]

I am pretty frustrated with the 800 number and eBenefits. I cannot get through on the 800 number this morning and after spending a lot of effort to sign up for eBenefits Premium all I see is the date that my appeal was remanded back by BVA to VARO. (Aug. 28). the only issue holding off a decision was failure to access my SS records. I myself provided them in early November. The last time I was able to get through on the 800 number, I was told it went to rating Feb. 17. IRIS then e mailed me the norm is 14 to 27 days for rating, which would have meant March 16 at the latest.. I just don't know what is going on. The evidence is pretty dramatic in my favor and my POA/attorney (former VA lawyers) have said to me it will never go beyond BVA if it has to go back there. But it seems the VAROs don;t necessarily take the time to read the evidence? My appeal has been all the way to CAVC and back over the past almost 5 years now.

My wife and I have just been hanging on for the past few years and there is not much rope left....

Thanks for the note. I signed up with DEERS so I could see into eBenefits but they entered my name wrong and now it looks like it will take until the end of the week to correct. The claim went to rating Feb. 17.

[COOL BREEZE]

I am pretty frustrated with the 800 number and eBenefits. I cannot get through on the 800 number this morning and after spending a lot of effort to sign up for eBenefits Premium all I see is the date that my appeal was remanded back by BVA to VARO. (Aug. 28). the only issue holding off a decision was failure to access my SS records. I myself provided them in early November. The last time I was able to get through on the 800 number, I was told it went to rating Feb. 17. IRIS then e mailed me the norm is 14 to 27 days for rating, which would have meant March 16 at the latest.. I just don't know what is going on. The evidence is pretty dramatic in my favor and my POA/attorney (former VA lawyers) have said to me it will never go beyond BVA if it has to go back there. But it seems the VAROs don;t necessarily take the time to read the evidence? My appeal has been all the way to CAVC and back over the past almost 5 years now.

My wife and I have just been hanging on for the past few years and there is not much rope left....

There is a short cut for contacting the 800# push1,2,3,0 at each selection. If you have redial, use that if busy, I'll get through -however the hold time is very high in the am-10-15 minutes.