Anyone Get A Joint Remand From The Cavc? How Long At The Ro After?

[dav_marine72]

If anyone has received a remand from the CACV I'm wondering what your timeline was until something happened. I received a joint remand on 4 issues back to 2000. This was in early 2012. A year later the Hartford RO has not done anything. Anyone else have a similar case? Wondering how long it took for the RO to get off their butts. Thanks.

[Philip Rogers]

I'd guess a 2-3 yrs. They're supposed expedite the cases but never do. I had a remand that went back to the AMC (black hole in space) and took about 2 yrs for them to deny again and then I appealed it back to the CAVC, w/a new lawyer. So mine is now remanded again and I have 9 yrs since it first left the AMC, in '03, and is now back w/them the second time. My last atty was paid by the EAJA two months ago. jmo

pr

If anyone has received a remand from the CACV I'm wondering what your timeline was until something happened. I received a joint remand on 4 issues back to 2000. This was in early 2012. A year later the Hartford RO has not done anything. Anyone else have a similar case? Wondering how long it took for the RO to get off their butts. Thanks.

[jbasser]

Was it remanded for a certain opinion? Be careful the BVA and AMC doesnt play football with this claim. Don't let them pass this thing back and forth for years. I have seen this way too often.

There are things you can do.

J

[dav_marine72]

They remanded and ordered the Hartford RO to give me all new exams. They put in specifics. Like for my 3 disc L3-S1 fusion. They said if the examiner doesn't have a neurological background they need to get someone. I have 40% Back and 10% for both my legs. I have a spinal stimulator and take 3 30 OXY quick, and 3 40 OXY long a day since 2007. They gave me TDIU for my mental (50%) / back in 2009 at the RO. They denied P&T and SMC. I'll have to post their orders out here when I have a chance. The basically told them to look at ratings 4 my 4 issues on appeal back to 2000 with various codes to get me a higher rating......

The Hartford RO used to be quick for exams and slow to finish the case. I have a lawyer. Getting frustrated.

[jbasser]

What is your DC for the Back?

J

[dav_marine72]

Under the all in one back one now. Unfavorable ankylosis of the entire cervical spine; or, forward flexion of the thoracolumbar spine 30 degrees or less; or, favorable ankylosis of the entire thoracolumbar spine 40%. I used to be 20% under the old codes.

We argued that since I had my first surgery in 2000 and I started having severe leg and back pain. So we argued 60% under the old rating until 2002 and then Back 40%, Right Leg 40%, Left Leg 40%. I'm okay for the 40 for the back. It's the 10 for both my legs that gets me going. I have medical documentation up the you know what since 2000. That includes 2 letters from Dr. Bash. A letter from a physical therapist stating in an examine in 2010 I was just as bad as when I first saw him in 2007. He did repetitive motion tests with more reps that the VA. He documented how after so many I would get foot drop, etc. or lose balance. Sorry to ramble.

Anyway it also includes both my feet (broke in service) and now I have arthritis and severe ankle equinus in both from the way I ambulate. Right foot 10% under other foot injuries, Left foot 0% under same. Then I have had bad right testicle pain since 1995 when I was still in the Corps. They service connected years ago as urinary issue. I appealed every time saying it wasn't a prostate infection just pain which doctors think is from the back. It's been 0% because I can hold my functions. The CAVC told them to consider rating under neurological or adding it in with the back issue.

Thanks.

[deanbrt]

They sat on mu remand from CAVC for over 2 1/2 years. Then they denied. got it back to BVA and won in 2 months. They they tied the award to two other pending claims (which is against regulation) and were going to sit on it for another two years until I got the Office of Cases Management and my senator involved. TDIU and P&T.