Remanded Appeal? Now what?

[SecurityForces03]

Hi All,

This morning, ebenefits was pending decision dispatch. Now it says this:

12/17/2015

Remanded Appeal

Your appeal has been sent back for further development by the Board to the Appeals Management Center or to the office that made the original decision on your case.

Does anyone know what this entails? Is this bad? Any info would be appreciated.

[SecurityForces03]

Wow, six months? Well, at least you know it is in the system. Just don't go out and spend it ahead of time - wait until you see it in the bank.

Yeah, the VA like the PTSD part to be confirmed by their own people. This part does not make any sense at all to me. The depression part should not really matter, but I guess because it was tied to the PTSD claim...

The DAV supervisor said once it's at AMC, it's out of the DAV's hands. He told me that with my claim specifically, he was able to walk across the hall and talk with the VA folks and talk about the case.

In 2009, I had filed for anxiety/depression. I was prescribed several anti anxiety and depression meds after deployments. So, my SMR were good to go. So I thought. Once it was denied, I filed for an appeal. 

Between me filing for an appeal, and receiving a decision, I filed for PTSD, which I was immediately granted at 70%.

My appeal is fighting the fact that I originally filed for anxiety and depression in 2009 and I would like the PTSD claim that was SC'd in 2014, back dated to 2009.

The BVA agrees that anxiety and depression are symptoms within the PTSD realm, but they want to confirm from a VA Doctor that these are not seperate issues. While I understand their thoroughness, I disagree and know they are the same issue.

Also, I had testicular surgeries while in and they originally SC'd me at 0% in 2009. I have been now awarded 40% for testicular issues, back dated from 2009.

AMC is processing my claim as 75% issues adjudicated and SC'd, but I still have to wait for an answer on the PTSD backdate. The backpay for the Testicle issues can take up to 6 months, since AMC isn't quite as "fast" as an RO.

Phew.

[ArNG11]

That's an interesting analysis.  I would have to agree and some of what you are stating relates to my mental noggin claims as well as I imagine other members here.  From what I have seen through the psych docs that they used for my med board were bound and determined to decline the PTSD diagnosis.  Kind of the lame routine that only military docs can diagnose PTSD.  Never mind the symptoms that were there and situations that occurred but the whole switch a rue, not military related,  has been going on for decades and I imagine that it will continue to do until the laws and regulations are changed. I think more so,  loosing their medical license and barring them from practice permanently is too harsh. However that is the system for you.  

Personal story, when I finally sought treatment from an outside doc, I ran in to my old psych doc from Tinker, specifically the young dr that said there was no verifiable stressor. Young Captain, wound up leaving service and out in her private practice.  I guess riots and rocket attacks don't count as stressors. There was no way I was going to see her or let her council any member of my circle.  

In any case, is it possible to bypass a remand, I mean I know there is a waiver or review, but is there a way to not have to go through the remand and go up the chain? It seems like an unnecessary step and another unnecessary two year delay in a Veterans' claim.  Thats even considering that remands can be positive towards a Veterans claim, to me it just feels like another monkey wrench to an already complicated process.   JMO and thoughts.

[SecurityForces03]

That's an interesting analysis.  I would have to agree and some of what you are stating relates to my mental noggin claims as well as I imagine other members here.  From what I have seen through the psych docs that they used for my med board were bound and determined to decline the PTSD diagnosis.  Kind of the lame routine that only military docs can diagnose PTSD.  Never mind the symptoms that were there and situations that occurred but the whole switch a rue, not military related,  has been going on for decades and I imagine that it will continue to do until the laws and regulations are changed. I think more so,  loosing their medical license and barring them from practice permanently is too harsh. However that is the system for you.  

Personal story, when I finally sought treatment from an outside doc, I ran in to my old psych doc from Tinker, specifically the young dr that said there was no verifiable stressor. Young Captain, wound up leaving service and out in her private practice.  I guess riots and rocket attacks don't count as stressors. There was no way I was going to see her or let her council any member of my circle.  

In any case, is it possible to bypass a remand, I mean I know there is a waiver or review, but is there a way to not have to go through the remand and go up the chain? It seems like an unnecessary step and another unnecessary two year delay in a Veterans' claim.  Thats even considering that remands can be positive towards a Veterans claim, to me it just feels like another monkey wrench to an already complicated process.   JMO and thoughts.

Wow! Sounds like  she needed a new career.  I feel sorry for anyone that has had to work with her regarding their mental stability. Atrocious.

Well, since most of my appeal was granted and the only item that was remanded was a back date change, I'm pretty happy.

The biggest load of crap is that they deny me anxiety and depression claim in 2009, with STR's for 5 different psych meds, but then grant me PTSD in 2014. Hilarious. The judge wasn't sure if my anxiety and depression was PTSD all along (so they can backdate to 2009), or it was completely different. Lol. Only had these issues after first deployment.

[ArNG11]

Yeah I would agree with you.  I don't know if my current doc was just trying to put me at ease but she stated no one in the office liked that Psych doc. Whether it was completely true or not I don't really know but so far from comments in the office is holds true. I thought it humorous.

My issues I have tried to bury deep, however, with this fiasco with the VA I haven't been able to keep the pain to myself and I've divulged too much and feel as I made myself vulnerable.  Hard dance to know what is best for your own situation at times.

I agree with Vync and texasmarine though I think SF3's claim it will be a good thing.  hope it works out for the best.

[SecurityForces03]

We shall see what happens! I will be keeping an eye on ebenefits daily. I shouldn't, but it's addicting.

[Vync]

We shall see what happens! I will be keeping an eye on ebenefits daily. I shouldn't, but it's addicting.

Hang in there! I had to get several hobbies to help pass the time so I could get my mind off of it.