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ptsd Help With Understanding Remanding From Appeals Back To Ro
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Question
Mil T
Hello,
I am a Vet advocate in my small town. I help as many as I can with their claims and following them along the process. I am not associated with any organization. We don't have any organized VSO's in our town so I try to take up the slack where I can.
I have an issue that I need to get some understanding of.
One of the Vets I'm helping has had claims in for several years and under appeal. When he came to me his claims were very convaluted and all had been denied because no one had helped him with the processes. He even had an attorney that advised him to file for agent orange but the vet is a blue water and was never qualified for agent orange. I was able to get most of it straightned out by dropping the agent orange presumptive illness claims that were never going to be awarded.
We turned in new evidence for the rest of the claims of PTSD, Hearing and tinnitus. Also unemployability because he has parkinsons and he is in a wheel chair due to his SC Knees that he was discharged from service for with a 0% award and asked to be reopened based on new evidence that I helped him acquire. We also asked to have the claims in appeals remanded back to the RO based on the new evidence. This was in October of 2011. We've been following this on E-benfits and never saw any changes. We visit the RO in Phoenix often and were told the claims were back in RO. Yesterday we visited again and this time the Service Officer finally went and got his file after seeing on his computor that all of his claims were still in appeal. When we inspected the file, the 4138 where we requested the remand of claims was there but there was never any action taken. The SO noted this and said he would take it up to appeals and make them aware of the 4138 request.
Today the Veteran was called by the appeals dept. and was told that if they remand the claims that his initiation date of all the claims would revert to todays date and all of his back pay would be lost.
Can someone clarify for me why that would happen? I've always been of the understanding per the VA website and on the e-benefits website that the appeals board should always automatically remand claims with new evidence back to the RO in the first place. I don't understand why he would loose his origional date for the filing of the claim. Some of the dates go back to 2007.
Any help would be appreciated.
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