Thought I was finally making progress

[rdnkjeeper]

I know I read all the time about don't put too much faith in ebenefits.  Well after almost 4 years a few days ago it went into pending case dispatch, When I put the cursor on the question mark it said that the BVA Judge has made a decision and I will be informed soon.  I logged on today and it has been remanded, for the third darn time!  UGH.  I know a remand can be to grant the claim, but frustrated and needed to vent.  I did call the 1800 peggy and she said that it has been remanded, but can't see any other information.  

I have been out of work now for 7 months and it would be great to finally get this done and move forward.

 

Thanks for listening (reading)

[broncovet]

Remands are very frustrating, but there are good things.  First, if you had multiple issues, maybe everthing is not remanded...some things can be awarded.  

I have had 3 BVA decisions, so far.  

One was a complete grant.  Ro decided "complete" meant 0 percent.  Very frustrating. 

A second was a partial grant, partial remand, partial denial.  

My last decision was fully denied on all issues.  

So, I have had them all.  

A remand means you can submit new evidence, and it goes back to the beginning of the appeal period.  YOu should take advantage of that fully.  

Importantly, you should ask your representative (who ever it is), for a copy of the RBA. (Record Before agecncy).  You can/should do that now.  

Then you are going to have to wait for your RO to implement the remand.  They dont always do that, so stay on top of them to ensure they have complied with the remand.  

If you have ANY PORTION of the BVA decision denied, you can appeal that portion.  (You can not appeal a remand, as a remand is not final, and you must wait for the implementation of the remand to appeal to the CAVC).  

If any portion of the BVA decsion was a grant, they are supposed to pay that right away.  

You have to wait for the decision, of course, but a remand is not always as bad as it seems.  

If you have a recent (that is, within 60 days) BVA denial, you can almost always get a lawyer to appeal this for EAJA fees alone to the CAVC.  

If any part of it is denied, take the opportuntity to get you a lawyer.  Lawyers LOVE BVA denials, because there is about 80 percent chance they can get a minimum of a remand at CAVC, and they collect EAJA fees..you pay nothing.  

Get you a lawyer, rest, and relax if any part is denied.  If its all remanded, then relax and wait for Ro to implement the remand, but do look at the RBA and try to figure out if it should have been awarded.  

 

Edited September 14, 2016 by broncovet

[rdnkjeeper]

Thanks Broncovet, 

When I had my video hearing with the BVA Judge, she told me that she was going to grant everything once I submitted some paperwork.  Of course that is not in the written report.  I am just stressing with a lot of other things in my personal life right now and would love to have this issue done and finally over with.

 

Edit: to say that my VSO is the DAV

 

Edited September 14, 2016 by rdnkjeeper
added more info

[rdnkjeeper]

In 2010 I put in for an increase in my back because it was only rated at 20%.  I had a C&P in 2012 and they said it was the same, (of course the Dr helped me with the range of motion).  Had another C&P in 2014 and that one they rated 40%.  I appealed saying that the effective date should be 2010.  After getting the denial I got a letter to bring the issue up to the CAVC (?) court.  The attorney who represented me got me 50% for my back but wasn't able to get the effective date moved back.

In 2013 I put in for headaches and Cervical spine condition secondary to my back.  After a C&P the doctor diagnosed with tension and cervicalgia headaches.  It was denied because I supposedly never put the what I was claiming it was caused from.  I appealed and the BVA put them together.  I had a video hearing in July and the VLJ said as long as I got a letter from my Dr she would approve both of my claims.  

I got the statement of case (I think that is what it is called) today and it states that it is a grant for the cervical condition secondary to my back, but doesn't list a percentage and the headaches were remanded for further development and then will be adjudicated.  

Does that mean that it has to go back to the VLJ?  Or can the local office make that decision now that they have all the evidence?  Now another question is that I am now 50% for my back but it is NOT listed on ebenefits, when they decide what percentage to give me for cervical neck condition will they both be updated and if I am due any back pay will I have to wait until the headaches are decided?  Or will that happen now?

 

Thanks for all the help.  I am sure the answers are there, but I got a tbi at work in January.  Haven't worked much and it is hard to write all my thoughts down and have a clear thought process.

[pepperD]

rdnkjeeper;

I agree with Broncovet.  The remand gives you the opportunity to submit more evidence.  It served me well as I was able to get referrals to 2 specialist through Tricare, and I used the diagnosis, treatment and confirmed diagnosis to resubmit statements of case for every condition that was remanded.  It took 3 years from remand to completed appeal from BVA.  So hopefully your case will move faster, but do take the time to get updated medical records and submit them as soon as you can.  The folks on this forum are outstanding, so ask any question you have and they will assist you.  I trust them more than any Vet Rep.

Good luck.

[Fat]

NEVER GIVE UP

Stay positive.

[rdnkjeeper]

So for my question, will I get the back pay now or do I have to wait until my appeal is done?  

 

Thanks, I don't plan on giving up. Just frustrated that getting up to the next level would help with not working for 8 months.