Jump to content
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  •  ad-free-subscription-002.jpeg     fund-the-site.jpg

  • Searches Community Forums, Blog and more

  • 0
Sign in to follow this  
nanaeris

Remanded Appeal

Question

I got a letter from the VA yesterday stating they could not get some records from the VA in Los Angeles. They stated they had records from 1996-2009 and if I thought they had enough information to make a decision on my appeal.

I got records dated after 2009 that I am going to send to the VA. My question is, the BVA judge stated in her remanded orders that I should have a C&P exam to determine if my bilateral feet disability is secondary to my service-connected bilateral knee disability.

I have sent all my medical records stating exactly what my knees disabilities are. I have had 2 C&P exams in the past, but the Waco RO only asked the doctors wheatear Osgood Shaltters Disease caused my feet disabilities. I pointed out to the judge when I had my hearing that my knees were rated for Osteoarthritis, chondomalacia,, limitation of motion and etc., that is why she ordered the new C&P exam. On the letter from the VA, it states they will make a decision in 30 days with the medical evidence they have. What I am wondering is it correct to make a decision without the C&P exam that the judge ordered? Do anyone have an idea how these decisions without a C&P exam turn out? I don't know if I should demand the C&P exam or not. If this is denied and go back to the BVA, it like starting all over.

Any advise will be highly appreciated. This has been going on since 2017

Thank everyone very much and keep up the fight!

Share this post


Link to post
Share on other sites

3 answers to this question

Recommended Posts

  • 0

I think I would get the records from 2009-2017 and send them in asap also

I would wait for the new exams it might help your case if this is what the judge needs.

When was your last exams and were they in your favor?

Share this post


Link to post
Share on other sites

Ad

  • 0

The last exams were quite a while ago. The VA would have my records from 2009-2017. The reason the BVA judge requested a new exam, was because the Waco regional office only asked the examiners to only evaluated weather Osgood schlatters disease would cause my foot problem. My knees are rated for traumatic osteoarthritis, chondomalaica, limitation of motion. I have had one major surgery and three arthroscopic surgery on my knees. I have sent these documents to the VA. What I am thinking, since they have these records the decision will be made without a C&P Exam. What I am trying to figure out if this is good or bad. Any insight would be very helpful.

Thank you very much

nanaeris.

Share this post


Link to post
Share on other sites
  • 0

From all I have learned is that a remand is in your favor, except that it adds some time onto your case.  The Board could have outright denied your condition on appeal.  

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Ads

  • Ad

  • Latest News
  • Our picks

    • I filed for my mitral valve regurgitation heart disease secondary to a service-connected condition on 7-30-18. It was granted on 8-30-18. Since I filed for this heart valve issue and was awarded, can I still file for hypertension ? I have been seeing comments that you should file for hypertension first and file for heart disease as a secondary. Can I file for hypertension as a secondary to my heart disease ? I am alittle confused on this matter.

      Dan
    • How to Change the Theme - Look and Colors
      How to Change the Theme - Look and Colors
      • 5 replies
    • For Calculating Retro

      VA Disability Compensation Rates 2012 | 2011 | 2010-2009 | 2008 | 2007 | 2006 | 2005 | 2004 | 2003 | 2002 | 2001 | 2000 | 1999

      Prior to 1999 check here https://www.hadit.com/va-disability-compensation-rates-historic-for-retro-calculation/
      • 0 replies
    • I am a 100% disabled veteran, At first I was super excited to find out I am getting retro pay for back benefits to 2006. But that was over 2 months ago. I been waiting and waiting and calling to ask them wheres my back pay. They first told me "one month" than I call again. The guy started reading a script of basically "we are malingering on paying you" type crap. I was wondering if there is any number I can call besides that 800-827-1000 number to inquire about my status. I don't know why its taken so long when there is specific information telling them from the judge that VA owes. 

      There was a remanded to see if I was eligible for IU (I get it now since 2014 im actually 90% with 10 of that been IU). I been on SS since 2004. Can Someone help me out? Thank you
      • 6 replies
    • You might have a 38 CFR 3.156 situation-

      meaning the VA might have considered your claim in 95/96 as "not well grounded" and failed to even get your STRs.Or they did get your STRs but never considered the specific entry you cited here.

      Lots of discussion under a search, of 38 CFR. 3.156 (a)(b) (c) ---here is a winner:

      https://community.hadit.com/topic/52994-cue-in-failing-to-apply-the-provisions-of-38-cfr-§-3156c-for-effective-date/

      o

       
        • Thanks
×

Important Information

{terms] and Guidelines