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Amc Appeal To Waco To Dead End?

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Bevo

Question

The BVA remanded my dependent effective date and approved 2 new service connections as I have previously posted On October 30th. Today I got the attached letter. It makes it look like Waco is shoving it to the back of the line? This was filed is a 5 1/2 year old appeal!!! What can I do here?

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They definitely have previously handled it expeditiously, but that was when the AMC rated. The AMC seemed to rate really quick. Based on VASRD the cervical spine should be 10% for ROM. The right shoulder should get 10% for pain with motion (my knee got 10% that way) and the left shoulder could either be 0% or 10%. There is slightly limited ROM in both shoulders. The right one is really painful though and causes my right arm to go numb.

I think there are some ways they could technically rate higher. My C&P said it interferes with work and that I have to lay down to alleviate the pain in a certain way. I am just hoping for 2 10% ratings. That would bump me from 30% (with 4 10s) to 50 and pay all the medical debt off I have incurred. And a little bit more.

My hope is just that my claim was not put in with all of the new claims. No offense to those people - they should get their benefits too, but I would hate to be put in the back of the line at this point.

There is one person at VA that seems to want to help and he is supposed to find out. When I sent him the letter he said it made no sense that I would be receiving that particular letter.

Edited by Bevo
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Okay. I talked to someone helpful at the VA who looked into it and it has a time limit on it and should be done within two weeks. The RO is apparently being given pretty strict dates on BVA decisions now. I am lucky to have found someone really helpful at the VA. They actually agreed that letter was confusing for someone in my shoes.

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Things are moving fast. Va contacted me and said the rater rated it and to be watching my bank account and the mail. No changes in ebennies yet. Completely on pins and needles. I think I will have a beer.

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Bevo,

I don't drink or smoke, but boy I wish I had something to calm my nerves. I feel like I am having a heart attack atleast once a week. Pray for you, and keep us updated.

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when a claim is remanded back to the VARO, that claim is supposed to be expedited. I can not speak for other VARO's, but I do know for a fact that the Louisville, KY VARO can only work on 5 remands a month, that's it. They are currently on February of 2011 remands.

The rationale is anything more would be taking away from the work on the backlog of claims, which is the priority right now. I've also been told that other VARO's have taken the same stance on remands. This would make me believe the reasoning a remanded claim takes so long.

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