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Ro Remand Decision

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Charleese

Question

Hi all,

My husband had his C&P exam on May 11, 2011 for his Left SC Knee, SC Neck that BVA granted him, lower back disability and TDIU. BVA remanded his claim back to RO for vareious issues as well as these 3 things. The exam also was 1 exam for these 3 things.

Today he received from RO a SOC & SSOC for the other various issues.

SOC stated that (1) SC for hypertensive heart disease as secondary to hypertension denied; (2) SC for diabetic eye (retinopathy) as secondary to diabetes mellitus denied; (3) SC for cholesterol (denied); (4) SC for erectile dysfunction denied; and (5) Entitlement to SMC based on loss of use denied. Evidence: Service treatment records from 10/54-10/58; Duty to assist letter dated 11/3/08; VA treatment records from 9/8/83-11/08; and VA joint examination dated 11-13-08. It looks like they went back to there decision in 2010 denying everything but didn't issue an SOC and therefore BVA remanded back to them telling them to issue an SOC. He wants to appeal this decision because his primary doctor in 2010 wrote a nexus letter connecting his ED to the mumps that he had when he was in the service. His SMR documents his having Mumps in the Service. This 2010 letter they failed to use in this decision.

SSOC states (1) Evaluation of status post fracture left tibial tubercle with osteoarthritic changes and chronic chondromalacia and left thigh atrophy, which is currently 30 percent disabling, is continued; (2) SC for right carpal tunnel syndrome denied; (3) SC for hypertension denied; (4) SC for diabetes mellitus denied; (5) SC for mumps denied; (6) SC for right shoulder condition as secondary to SC disability of recurent subluxation left knee denied; (7) SC for gout as secondary to SC disabiity of recurrent sublluxation left knee denied; (8) SC for left shoulder condition as secondary to SC disability of recurent subluxation left knee denied; (9) SC for left carpal tunnel syndrome as secondary to SC disability of recurrent subluxation left knee denied; (10) Evaluation of recurrent subluxation left knee currently evaluated as 30 percent disabling (didn't say denied/granted or continued); (11) SC for osteomyelitis (didn't say denied/granted or continued). Evidence: BVA Remand dated 9/20/11 (they mean 9/20/2010); VA Joints exam dated 5/11/11 and VA spine exam dated 5/11/11. He plans to appeal this as well but we will wait in see if they deny/grant TDIU first if we can before he appeals.

He has yet to receive decision for his TDIU, Left Knee disability, lower back and Neck. We thought he would receive this decision first since VA gave him a partial portion of his appeal and FAST Letter states: There is a "FastLetter" dated Jan., 6 2010 that states they need to implement the granted BVA portion "first" and then work the appeals. Here they doing the opposite. We hope that they will issue decision on TDIU, Left Knee disability, lower back and Neck before the 30 day period is up for appeal of SOC and SSOC. We have asked for copy of 5/11/2011 C&P Exam but in a letter received yesterday they say we need additional time to determine whethr the VA has this record, etc. Imagine our surprise today to see that they do have this record and used it in their SSOC decision. Do you think he will get this decision soon or not? Do you think it will be a favorable one or a not favorable one?

Thanks in advance for your replies.

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  • HadIt.com Elder

Immediatly contact Carrie at Bergmann and Moore.

(877) 838-2889

This is absoultely a farce. A rush denial.

Carrie can help you.

J

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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  • HadIt.com Elder

Thanks! is this a law firm because we do not have money for a lawyer.

They work Pro Bono. Hang in there Gal.

Can you scan this decision. remove your Personal Info. I would like to get someone elses opinion.

JBasser

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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They work Pro Bono. Hang in there Gal.

Can you scan this decision. remove your Personal Info. I would like to get someone elses opinion.

JBasser

No my scanner is broke. We want to see if decision for his TDIU, SC Left Knee, SC Neck, and low back injury are decided before the 30 day period is up before we contact or appeal anything. Monday he is going to call his VSO and find out why remands were done first instead of granted BVA portion as outlined in FAST LETTER. We will post what VSO has to say about this.

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Hi all,

Hubby called his VSO to find out why his TDiU, Neck, Lower Back and left SC was not rated first. VSO said it was rated first and that he was granted TDIU, Neck, Left atrophy, and right knee. He stated that hubby should of received official letter by now.

Husband was so happy and kept asking him was he sure and VSO said yes he was sure. He told him his retro was back to May 2009 when he filed for TDIU. We were hoping that they would go back to 2008 when he stopped working because of his injury that they have now SC. He forgot to ask him how much percentage each was.

? Are they suppose to go back to when he stopped work for TDIU or are they suppose to go back to when he filed in 2009? Were confused about this. Also will his left knee and right knee be considered bilateral now that they have SC right knee?

We are so happy until we can't wait to receive official letter. This has been a long haul for us. We rescinded his VSO POA but they refuse to acknowledge it. I had to do all the NODs for my husband. VSO got after my husband about that today, that we were sending in NODS and paperwork without their knowledge. But we are just thankful that we did and not have to go through them because they didn't want husband to appeal to BVA telling us that we couldn't win. We didn't listen and BINGO, we did win.

Thanks in advance for the replies.

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This is GREAT CHarleese.

I can answer the first question-

the retro date for the TDIU should be either the date of the TDIU formal application or -if gets SSDI solely for these same SC disabilities, and if the SSDI award preceeded the TDIU award entitlement date by at least one year-then you can possibly get anopther year retro out opf them under the TDIU award.

This was discussed here fairly recently and I believe searchable under "date entitlement arose"

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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