Good News From Bva, But Now What?

[KBH]

The BVA granted entitlement to service connection for Multiple Sclerosis. But remanded the claim for TDUI saying the RO incorrectly stated that the issue was intertwined with the service connection claim.

REMAND-Given the grant of service connection for multiple sclerosis within the instant Board decision, the veteran claim for TDUI should be again addressed by the RO following the assignment of a disability rating to this disorder and any additional development needed.

I have been granted SSDI and Fers retirements.

Any ideas on what the RO may do with this or whether there is another long wait In store for me here?

[Berta]

Carlie is 100% correct!

The Fast Letter implementing processing of partial BVA awards, is here in the pdf:

KBH , you did GOOD here:

"Thanks, it took 4 years to get to this point as my MS wasn't diagnosed till 12 years after discharge."

I am assuming that you had an IMO and/or medical evidence that warranted MS ,at least at a 10% level ,during the 7 years after your discharge? (under the chronic presumptive regulations)

I even assume you might have gotten an IMO from Dr. Bash, who also has MS.

"But remanded the claim for TDUI saying the RO incorrectly stated that the issue was intertwined with the service connection claim."

Boy that is an absurd RO statement.It sounds to me that you will succeed in the TDIU, after they process and rate the MS.

Edited February 17, 2014 by Berta

[KBH]

My medical retirement was due to weakness and atrophy in my right leg. I was deemed at 10% at that time. As this was one of the symptoms that eventually led to a diagnosis and documentation of my seeking medical care for the same throughout the years, the 10% diagnosis within the 7 years was met.

My IMO was done by a Neurologist in Orlando that specializes in MS. He did an excellent job of connecting the dots through the years and the board quoted him several times in their decision.

I am hoping that the RO already has enough information so that he can process and rate the MS, and follow through quickly with the TDUI.

[Berta]

THANKS for explaining that.......my assumptions were all wrong and you did VERY well.

"My IMO was done by a Neurologist in Orlando that specializes in MS. He did an excellent job of connecting the dots through the years and the board quoted him several times in their decision."

That is superb!

I hope everyone here reads this carefully:

"My medical retirement was due to weakness and atrophy in my right leg. I was deemed at 10% at that time. As this was one of the symptoms that eventually led to a diagnosis and documentation of my seeking medical care for the same throughout the years, the 10% diagnosis within the 7 years was met."

That is one of the BEST explanations of how the Chronic Presumptive regulations can work that I have ever read.

THANKS for that!

I hope your TDIU goes fast. Do you receive SSDI for the MS, and if so does the VA know that?

[KBH]

I do have both SSDI and FERS, both for MS. The VA does know. Thanks, I was wondering what you think about this statement from the BVA? My date of application has not come into question (yet).

The veteran initiated claim for TDUI in Oct 2010.

The claim for TDUI was first adjudicated in Nov 2011 SOC, which the Veteran subsequently perfected an appeal following a Mar 2012 SSOC. The board very liberally construes an Apr 2012 correspondence from her representative as a substantive appeal for her TDUI claim.

[john999]

I think your TDIU effective date should go back to Oct, 2010. I get OPM, SSDI and TDIU. The money you will get from the VA will be double what you get from SSDI and OPM. I had 20 years in at USPS when I retired on disability back in 2002. Once you get your TDIU protect that rating. Get treatment at the VA for the MS even if you get other treatment from private doctors. Always send in your Employment Verification letter each year. If I was you I would start seeing a VA shrink to help cope with the disease. Do you take any anti-depressants. Depression is often a secondary condition for major disabilities and can be service connected.

[Navy04]

I agree with John's advice