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One of 11 Items remanded to AMC


Phenom

Question

I received a notification through the form of a SSOC that one of eleven items that I appealed to the BVA for increase has been remanded to AMC.  The remaining ten issues were sent to the RO and are currently in the preparation for notification stage.  I was informed that the ten items have already been reviewed and all actions have been approved.  The claim is now with the RO as he/she completes the writing the notification letter that should be completed soon (no approximate  date has been assigned).  I have a few questions in regards to this appeal.  

1.  I have 10 requests for increase that were not sent to remand.  Does this mean that these remaining items were approved or could they possibly be reduced or denied?

2.  Would a denial of any of the remaining items be included in this notification or would they have been included in the SSOC?

3.  I filed my original appeal a month before my 1 year requirement back in 2011.  I have since been awarded 100% P&T in 2015 for other claims.  Would I still be eligible for retroactive pay dating back to my original filing if the now pending appealed claims would have resulted in an earlier 100% rating?

4.  Is it in my best interest to file for 100% unemployability if I am about to pursue disability social security or should I just leave well enough alone?

 

Thank everyone in advance for assisting a newbie!!!

 

 

 

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  • HadIt.com Elder

If you are in fact totally disabled, then SSDI may be applicable. (Not SSI)

Currently, A VA or SSA determination supposedly is given consideration when you apply for the other.

Traditionally, SSA has sometimes chosen to ignore a VA determination, just as the VA might.

Without getting into a bunch of gory details, SSA has a fairly lengthy questionnaire that has key questions, and your answers as to what is involved in your work, and what your physical limitations are can be make or break.

Just one question on the one I had to deal with was related to ladders.  Does the work involve climbing ladders? Is there a medical condition/disability that prevents or restricts the ability to do so?

When I went through the SSA determination, a helpful and knowledgeable senior clerk was key to getting things right in the first place.   

Edited by Chuck75
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If your currently 100% Scheduler SC, IU claim is moot.

Sit back, relax and wait for the Award/Denial letter. Then you tell us. SMC S (1) may be waiting in the wings.

If you can, post a redacted copy of your SSOC.

Research the VA IL (Independent Living) Program, comes under the VA Vocational Rehabilitation Dept. Excellent additional benefits for either now or in the future.

Semper Fi

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Thank you all for your responses; they are greatly appreciated!  I am working on redacting the SSOC and I will post the results when I receive them.

 

broncovet -- I'm in no hurry; I've already waited 6 years and have a 100% rating.  I was just hoping to get some guidance like Gastone and Chuck75 provided.

 

Again, thanks everyone!

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If the 100% is solely for one SC, is any pending issue for a P & T designation?

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