ptsd Help With Understanding Remanding From Appeals Back To Ro

[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.

[Berta]

I am planning to do a SVR radio show via hadit next week on the BVA with Jerrel Cook and John Basser.Please try to listen in or access the show when it is archived.It might help you understand the appeal process a little better. Actuallt the SVR show tonight is with Mike Harris and that might be all the info you need.

The BVA only has jurisdiction of a claim when an I-9 has been filed. The claimant gets a letter acknowledging when the file and records have been formally transferred to the BVA.

A vet or survivor could have multiple issues,on appeal with one or more at the BVA, while others are still at the RO.

I know you are trying hard to help this vet and this can be a VERY confusuing process so dont take this personally-what I say- because I commend you for the help you are providing the veteran.and Carlie has certainly explained a lot here to you already.

“So right now his files are in Phoenix RO. There is no Docket # and all is being handled in Phoenix.”

GOOD.

“Whoever called from Minnesota named Cheryl does not show up on the Vets online file so whoever called and gave all the confusing information and saying it was being handled through the Washington Appeals Management cntr just totally confused the Vet with bad information.”

The AMC probably sent it off to the Phoenix RO. AMC is useless in my opinion.

I used to handle local claims , some as volunteer for my vet rep. A lot gets lost in the translation when too many people try to get info out of the VA and try to interpret, as second hand knowledge,what the VA said when they were called for a status.

It is better to use IRIS -the VA "Contacvt Us" link, and get a hard copy response.

This concerns me:

“This doctor told the Vet that the problem with his knees was caused by his Parkinson's “

Does this vet have a formal Parkinson's disease diagnosis?

Is he an incountry Vietnam Vet?

Has he filed for Parkinsons under the 3 new AO presumptives?

“I advised the Vet to talk to the Ortho Dept Head and tell him what was said and also his GP in order to get a 2nd opinion.” Great- but I hope that works.....

That is a good point to raise on appeal if needed, to get another C & P exam.

But -was this statement from a formal C & P exam as to the knees and Parkinsons? Do you have a copy of the actual Exam results?

Carlie helped you a lot here and you stated:

“I hope that by some degree that someone else may benefit from this dialog as well “

They will -I am sure. Please keep us informed of this vet's situation.