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vet90

Question

My appeal had been advanced on

the docket since 2013. I received

the BVA favorable  decision for two

of four conditions in August 2016

with an EED of 2009. The tdiu and

migraines were remanded for

further development.

After contacting Under Secretary  Bob in Oct 2016 I received an e-mail from the Office of Case Management stating they were assisting with my inquiry and would receive a SSOC discussing my 2009 appeal.

I got a SSOC 5-7days mentioning tdiu and migraines were

denied.

I have yet to receive any

retro payments. Every time I call the

BVA status I get the same this

same update "it's with the Judge

and it's under review."

Does anyone have an updated # for the Office of Case Management. These two #'s are no longer in service. 202-273-7453, 202 273-5674. I got this from Hadit forum.

 

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Oh Good, that vet's claim was awful.

Yes I had a A after my docket years ago too so I put that into the search feature

Can you give me the Citation number? It might not be at BVA web site yet....but worth seeking

 

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Can you give us the BVA link?

I still could not find it at 

http://www.index.va.gov/search/va/bva.jsp

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ok. I spoke with someone at the Office of Case Management earlier this morning and I'm expecting a call back. Here is the link.  www.va.gov/vetapp16/files4/1632248.txt [view]

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Thanks. They clearly made an award:

Thanks! I could not find it:

"ORDER

 

The appeal as to the issue of service connection for a respiratory disorder, to include bronchitis, is dismissed.

 

The appeal as to the issue of service connection for headaches is dismissed.

 

A 40 percent evaluation, but no higher, for fibromyalgia is granted throughout the appeal period.

 

A 30 percent evaluation, but no higher, for IBS is granted throughout the appeal period.

 

REMAND

 

With regards to the Veteran's TDIU claim, the Veteran testified in her April 2016 hearing that she had participated in VA's Vocational Rehabilitation program.   She submitted a September 2015 letter from the St. Petersburg RO Vocational Rehabilitation and Employment Office, however, the complete records from the Veteran's VA Vocational Rehabilitation participation do not appear to have been associated with the claims file.  Accordingly, the Board must remand in order for those records to be obtained and associated with the claims file.  See 38 U.S.C.A. §5103A(b), (c); 38 C.F.R. § 3.159(b).

 

Additionally, the Veteran testified that she applied for Social Security Administration disability benefits in 2008, although her claim was denied.  It appears that VA requested those records from the Social Security Administration (SSA) in August 2008.  SSA replied that it was unable to locate the medical file in an August 2008 response.  It does not appear that any follow-up with SSA was completed to see if those records had been located or whether further attempts to obtain those records would be futile. 

 

Given the need to remand for the VA Vocational Rehabilitation records, above, on remand, the AOJ should additionally attempt to obtain the Veteran's identified SSA records as it is not clear from the record that further attempts to obtain the records would be futile.  See Golz v. Shinseki, 590 F.3d 1317, 1323 (Fed. Cir. 2010).

 

Finally, in situations where entitlement to an extraschedular rating or a TDIU arises in connection with an appeal for an increased rating, the Board is not precluded from issuing a final decision on the increased rating claim and remanding the extraschedular-rating and/or TDIU-rating issues to the RO.  Brambley v. Principi, 17 Vet. App. 20, 24 (2003).  Here, the Veteran's increased ratings claims for fibromyalgia and IBS are each bifurcated into one part that is a schedular evaluation of the rating (discussed and decided above) and a second part that deals with an extraschedular evaluation of the same and a TDIU.  The claim for TDIU must be remanded for the reasons noted above.  As development of the TDIU claim may impact the extraschedular ratings, they are remanded as well.  See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991).

 

Accordingly, the case is REMANDED for the following action:

 

“1.  Obtain all of the Veteran's VA Vocational Rehabilitation records and associate those documents with the claims file.

 

2.  Obtain from the Social Security Administration, or other state agency administering disability benefits, the records pertinent to the Veteran's claim for disability benefits as well as the medical records relied upon in considering that claim.  if it is determined that additional research requests would be futile, this must be documented in the file. 

 

3.  Following any additional indicated development, the AOJ should review the claims file and readjudicate the claims.  If the benefits sought on appeal remain denied, the Veteran should be furnished a supplemental statement of the case and given the opportunity to respond thereto before the case is returned to the Board.

 

The Veteran has the right to submit additional evidence and argument on the matter the Board has remanded.  Kutscherousky v. West, 12 Vet. App. 369 (1999).

 

This claim must be afforded expeditious treatment.  The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner.  See 38 U.S.C.A. §§ 5109B, 7112 (West 2014).”

It will be interesting to see what the call back info is,. What Number did you use?

Vets here have not been able to get a working # for Case Management.

I feel the FL 10-02 should help get the retro but am not sure at all, because of this part of the BVA decision:

"As development of the TDIU claim may impact the extraschedular ratings, they are remanded as well.  See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991)."

Did Voc Rehab turn you down solely for these SC conditions?

If so does VA have documented proof of that from VOC Rehab?

Did you appeal the SSA decision?

 

 

 

 

 

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