Got Bva Decision Today, Remand But............

[JayBrown1]

I need some help to understand this. Let give a little background, 2004 file claim for increase for worsening condition, in 2006 got increase from 10 to 20 percent filed a NOD 2006 that same month. In 2008 had TKR for worsening condition, 2009 given 30 percent. I contended from original claim that my knee was weak, painful and I had to use a brace to walk and that I should have been given a higher rating than 20 percent. My appeal was placed on the docket in 2008 and I received their decision to Remand it to RO in 2012. In their decision they said and I quote,

"The Board notes that the 20 percent and the 30 percent disability ratings assigned to the Veteran's service-connected right knee disability are not maximum ratings available for this disability, and as such, this claim remains in appellate status. See AB v. Brown, 6 Vet. App. 35 (1993)."

"This appeal is REMANDED to the RO via the Appeals Management Center(AMC), in Washington DC,. VA will notify the Veteran if further action on hiis part is required."

Can anyone Tell me what this means and how it affects my claim?

[Philip Rogers]

The VA assumes you are always pursuing the maximum rating, allowed by law. Anytime the VA doesn't award the maximum the claim is automatically considered on appeal.

pr

[JayBrown1]

Well, I appealed it due to the fact and medical evidence that I had severe defects of my knee and was in need of a knee replacement which I ended up having in 2008.

[jbasser]

I need some help to understand this. Let give a little background, 2004 file claim for increase for worsening condition, in 2006 got increase from 10 to 20 percent filed a NOD 2006 that same month. In 2008 had TKR for worsening condition, 2009 given 30 percent. I contended from original claim that my knee was weak, painful and I had to use a brace to walk and that I should have been given a higher rating than 20 percent. My appeal was placed on the docket in 2008 and I received their decision to Remand it to RO in 2012. In their decision they said and I quote,

"The Board notes that the 20 percent and the 30 percent disability ratings assigned to the Veteran's service-connected right knee disability are not maximum ratings available for this disability, and as such, this claim remains in appellate status. See AB v. Brown, 6 Vet. App. 35 (1993)."

"This appeal is REMANDED to the RO via the Appeals Management Center(AMC), in Washington DC,. VA will notify the Veteran if further action on hiis part is required."

Can anyone Tell me what this means and how it affects my claim?

It means they sent it to the AMC for further development.

The AMC is a holding tank that once a veteran gets caught in their abyss can take several years to get resolve.

Others call it the black hole.

Maybe they will do it quickly.

J

[JayBrown1]

Thanks J

I hope that they complete this fast. My initial claim started in 2004. It does state in the Remand that "This claim must be afforded expeditious treatment." I hope that statement knocks off a couple of years.

[JayBrown1]

By the way, Would I be able to follow this on ebenefits?

[Philip Rogers]

The phrase "This claim must be afforded expeditious treatment." was written by the same place that wrote: "I'm from the IRS and I'm here to help you." In reality they are supposed to but they really don't, treat it expeditiously. It's the VA's SVR's way of getting back at the Court/BVA/AMC, kinda like F**k you!

pr

Thanks J

I hope that they complete this fast. My initial claim started in 2004. It does state in the Remand that I hope that statement knocks off a couple of years.