vet90 Posted August 30, 2016 Share Posted August 30, 2016 Wow.. got my decision last Friday from BVA and was awarded EED from 2009.haven't received retro in bank yet! Also, part of my appeal was remanded for further development of TDIU.. I submitted a waiver at BVA hearing to have everything decided at DC. If anybody on this forum has gone through this experience please tell me if AMC would handle this Remand? why I haven't received retro? Link to comment Share on other sites More sharing options...
toddt Posted August 30, 2016 Share Posted August 30, 2016 Congrats on the win. Can't tell you about your retro or whether or not AMC will handle your remand. I got a win from the BVA along with a remand this was in January 2016. Received first payment April 1 and have still to receive retro. I called a week or so ago to find out where my record was for the remand and was told it was at my regional office. Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted August 30, 2016 HadIt.com Elder Share Posted August 30, 2016 I would think BVA would remand back to VARO because they are the ones that made the bad decision. I could be wrong on this. I also think you could go to Vet Court on this but then you probably should hire lawyer who will get some of your retro if you get any on remanded issues. You don't want your TDIU claim to languish some place in VA system. Did you submit evidence that you could not work solely due to SC conditions? I have heard that AMC is a black hole where claims go to remain in limbo for years. I have never had a claim at AMC. These are all diversions dreamed up by the VA to stall your claim. What rating did you get? Link to comment Share on other sites More sharing options...
vet90 Posted August 30, 2016 Author Share Posted August 30, 2016 Thanks john999 and toddt the RO lowballed my original ratings in 2009.., all evidence was there from 2009 to warrant higher ratings. IBS was increased from 10% to 30% EED 2009. Fibromyalgia was increased from 20% to 40% EED 2009. As far as evedence relating to TDIU I received a letter from Voc Rehad determining I was unemployable. I submitted this new evidence at April 2016 BVA hearing. Another thing I'm not understanding is a recent conversation with St. pete RO asking if I want to cancel appeal. They've confirmed the BVA decision but still asked if I wanted to cancel appeal. It's like they don't want to recognize BVA remand instructions..So confusing. I'm about to give up.. Vync 1 Link to comment Share on other sites More sharing options...
Content Curator/HadIt.com Elder Vync Posted August 30, 2016 Content Curator/HadIt.com Elder Share Posted August 30, 2016 11 minutes ago, vet90 said: Thanks john999 and toddt the RO lowballed my original ratings in 2009.., all evidence was there from 2009 to warrant higher ratings. IBS was increased from 10% to 30% EED 2009. Fibromyalgia was increased from 20% to 40% EED 2009. As far as evedence relating to TDIU I received a letter from Voc Rehad determining I was unemployable. I submitted this new evidence at April 2016 BVA hearing. Another thing I'm not understanding is a recent conversation with St. pete RO asking if I want to cancel appeal. They've confirmed the BVA decision but still asked if I wanted to cancel appeal. It's like they don't want to recognize BVA remand instructions..So confusing. I'm about to give up.. That's the typical VA low-ball that has been happening for decades. They give you a bite instead of the whole sandwich you deserve. Glad you won! Regarding the cancel, that sounds tricky/sneaky. Maybe you have something outstanding. Do your homework before responding. flores97 and ArNG11 2 Link to comment Share on other sites More sharing options...
Moderator broncovet Posted August 30, 2016 Moderator Share Posted August 30, 2016 Congratulations on the win. After you receive the BVA decision, the decision goes back to the RO who "implements" the Board decision. For me, that meant an additional 3 years, but most dont take that long, to implement a BVA decision. Alex had to file a Writ of mandamus to compel the RO to implement the BVA decision, they still have not done so, yet. Like every thing else, the VA RO takes their sweet time to do everything. It should not take 3 years like it did for me, most of the time the RO implements BVA decisions in 3 to 6 months, and sometimes even sooner. But, you will get a RO "implementation" decision, and how long that takes depends on your RO. ArNG11 and flores97 2 Link to comment Share on other sites More sharing options...
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