Remand For Extrasceduler

[leonard carpenter]

my appeal is on remand at the st.pete regional office,at this time it a question as to where my c-file is at.the 1800# say it at the bva ,the bva say it at the regional office.i've tried a iris request but that haven't helped any at all. my appeal went to the bva was denied,to cavc and was returned to the bva on a remand for extrasceduler consideration for low back condition for which I,am sc.i was recently retired from usps on disability from opm because of my back condition.

[Berta]

i've tried a iris request but that haven't helped any at all.

File a new IRIS as a compliant

It is under the Select an Inquiry type box:

Click on Service Complaint

Other boxes will then pop down.

I always click on the Consumer or Public Affairs thing


Also I suggest you deal with the BVA Ombudsman,via email , if you haven't by now

contact info here:



"i was recently retired from usps on disability from opm because of my back condition."

Make sure the BVA has that info!

Let the ombudsman know of this new info too.

( I assume this is info that the CAVC didnt have ...only because they remanded for Extraschedular...instead of TDIU......)

I only found one CAVC case for Leonard Carpenter ...which might not be your actual name and it was not a remand.

Can you give us the Docket Number?

CAVC cases are available to the public.

Edited May 3, 2014 by Berta

[leonard carpenter]

berta my docket # is 09-31-200

[Berta]

Is this your BVA remand?:

Citation Nr: 1332747
Decision Date: 10/21/13 Archive Date: 10/24/13

DOCKET NO. 09-31 200

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp13/Files4/1332747.txt


It says this:

" Consequently, the Board determines that the extraschedular rating issue should be remanded to the RO for consideration of additional evidence received since the most recent supplemental statement of the case (SSOC) was issued in March 2010. See 38 C.F.R. § 20.1304© (2013) (additional evidence must be referred to the RO absent waiver of the procedural right by the Veteran or representative)."

The BVA might have committed a CUE here:

"The Veteran's representative requested that the Veteran be afforded a new VA compensation examination in connection with the claim. The Board does not find that such an examination is warranted as the issue at hand is: (1) whether the level of disability and symptomatology of the Veteran's service-connected lumbar strain with degenerative changes are contemplated by the Schedule for Rating Disabilities; and, if so (2) whether the disability picture exhibits other related factors such as marked interference with employment or frequent periods of hospitalization; and, if so (3) then the case must be referred to the Under Secretary for Benefits of the Director of Compensation and Pension Service for extraschedular consideration. See 38 C.F.R. § 3.321(b)(1) (2013); Thun v. Peake, 22 Vet. App. 111, 115 (2008)."

It goes on to say:
"In the February 2013 Memorandum Decision, the Court stated that VA must consider the Veteran's statements that his lower-back disability (1) affected more than his range of motion, (2) has required the use of all of his annual and sick leave, (3) caused him to miss work for days at a time, and (4) rendered him incapable of walking comfortably for a mile. The Board does not find that a VA examination will add to this analysis. Moreover, in the Memorandum Decision, the Court affirmed that part of the Board's decision that did not find that a more current medical examination should have been provided."


But you have been put on disability by OPM.

Now it appears to me that your claim is at the VARO level----and not back at the BVA.

I think best bet is to make sure the RO as well as the BVA Definitely has the info from OPM.

I am pressed for time......jI sure hope others chime in......

I think not only was your rep right but also I assume the RO has Not scheduled you for another C & P exam......

Then again maybe this is not your BVA decision.

BVA doesnt make too many errors compared to the ROs but I think they committed a CUE here....then again....they were unaware of the recent OPM situation....

Has your rep suggested to file for TDIU and use the OPM report as evidence?

[john999]

Bro

I also retired on disability from USPS. I worked in Tampa Airport Post Office on a Rehab Bid. You must have applied for SSDI, correct. Do you see a shrink for your chronic pain disorder? Most people with back problems have some degree of depression due to pain, disability and the meds you take. You can claim that as secondary. I was actually fired from USPS and hired a MSPB lawyer to make sure the USPS awarded me disability. On my last day I filed a workers compensation claim and then checked into the VA hospital. OWCP paid me many thousands before I switched up to TDIU.

My OPM disability is a sad joke. $1273 for 30 year pension because I was FERS. I get more from SSD. If you can get TDIU then your TDIU will be more than your SSD and OPM combined. This is how I live. I took a friends advice and got a private disability policy back in the 1980's. That crummy little policy has paid out over $100,000 over the last ten years all tax free. After my deductions for FHEP and life insurance my OPM is about $760 a month. That is chickenshit for a 30 pension don't you think? I get twice that from SSD. Jbasser and I know the OPM ropes.

[leonard carpenter]

berta yes to tdiu and yes to that is my bva discision.

thanks everybody.

[Berta]

BTW, GOOD FOR YOU for seeing this claim out, through the long RO,BVA, CAVC, RO Hamster wheel.

Many vets would have given up.

Were you represented by a lawyer at the CAVC?

A CAVC remand is far better than a CAVC denial. It allows the claim to continue to be open and also allows for more evidence to come in.

I am surprised at something here.

I often see Extraschedular cases handled by the VA Central office.

In your case, I guess ,if the RO should deny the TDIU claim, they would have to remand back to BVA for extraschedular consideration.

I cannot imagine that occurring here though, because you have what appears to be Prime evidence of TDIU.

Your rep sounds on the ball too! I am very hopeful this might soon be over for you.

I think VA will do a Fenderson rating on your case.

The VSO will know what that is.