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Bva Decision With Rating And Remand


MrRob

Question

Hello my name is Robert and this is new to me not sure if Im doing this right but here goes. I recently received a letter from the BVA and they gave me a decision on 2 of the 3 issues on my appeal. They granted 2 with a rating and remanded the other back to see a VA doctor before decision is made. My question is do they raise my rating now for granted and do remanded later or do they wait for remanded issue and do all at the same time? If they do granted now how long does it usually take for rating to be raised and retro given? Ebenefits states my appeal is now at the AMC. I have called them to see but no one seems to know the correct answer. Thank You

Edited by MrRob (see edit history)
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Sorry for being so late-to-need here, but have you had any movement since your original post?

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Well they did give me the rating that the BVA had granted me and the retro. That took about a month and a half. I am now at a 60%. The remanded issue is back at the BVA and still waiting for their decision. I called the BVA and they said it could take about 3 months for the judge to make that decision. My original claim is dated back to 2008. I have been in this fight for 7 yyears now and still no end in sight.

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Did the VA completely satisfy the remand..... meaning...

did it involve another C & P and do you have a coy of that C & P result?

Don't forget, if you got a remand for a specific type of doctor, you can certainly raise that issue before the BVA decides it on the remand.

I had 3 IMOs and got remand from BVA years ago for a cardiologist opinion.

I got a PA opinion instead.

I sent the BVA a letter saying that their remand was not fulfilled a cardio and I rebutted the entire exam and said it was too speculative.

BVA agreed,they shit canned that C & P , and I won the claim.

Do not hesitate to send to the BVA ( and to the AMC too) any evidence or C & P rebuttal you can, if that C & P went against the claim.

Check with the BVA ombudsman ( their contact info is here under a search) to make sure BVA got it before they make a final decision.

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So I received a letter from the BVA today and basically says it has been remanded again It states that extra-scheduler consideration is warranted. This is what it says 1. Refer Veterans claim to the Director of Compensation and Pension Service or Under Secretary for Benefits for consideration of whether the additional symptomatology resulting from his service connected hypertension warrants an extra-scheduler rating.  2. If any benefit sought on appeal remains denied, issue a supplemental statement of the case. Then the case should be returned to the Board, if in order. What does this mean ? Does anyone know ? How long will this take now? Basically I have a 10% since 1996 for hypertension but have been having syncope episodes that are related to the hypertension and the medications I take for it and I was trying to get an increase for the hypertension                                                                                                                                                                                                                                                                                                                   

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