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

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    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

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Navy62Spouse

BVA Remand for PTSD EED

Question

Hello everyone!  I have been lurking here for awhile, soaking up the knowledge & appreciating everyone's input.  I really like the fact that I do not see fear-based responses to questions about EED appeals when the veteran is rated 100%.  I found this to be the case on other sites.  

I am the spouse of a Navy veteran who became unemployable/disabled in 2006 due to PTSD/bipolar and have been appealing this same decision now for 11 years (all NODs filed timely).  The claim has staged ratings now with PTSD/Bipolar being SC as of 2006.  Like many claims, it went from 30% to 50% to 70% through the years, increasing after each C&P.  Finally, it went to TDIU, then 100% with SMC housebound, but with EED 11/2014 (date of C&P).  It is currently a BVA remand, sent back to RO via AMC for addressing EED and questioning etiology of cognitive disorder beginning 2006.  Another C&P in 2015.  Now SSOC received from RO stating earlier EED denied for increased rating and etiology unclear.  I reviewed the remand.  RO Was incorrect on at least 2 things and did not read C&P, except for the end.  I wrote a good argument, citing what remand asked for, what evidence showed and cited court cases, ect in support.  I wrote this on behalf of my spouse & signed it accordingly.  Evidence not even list in the SSOC was the VA psychiatrist my spouse has been seeing for the past 11 years, which I stated.  I included some disability reports the psychiatrist had completed for other places through the years and stated those may be new & material evidence.  I quoted everything & listed evidence, trying to connect all of the dots for them.  SSA disability is also in C-file,  listed for same diagnosis and onset date.

Now, with that history in mind, I am wondering if I should have included a waiver to RO and had the whole file sent back to the BVA.  Or, should I wait and let them review evidence, prepare new SSOC, hoping that they connect the dots back to EED & maybe won't need BVA?  I am still within the 30 day window to respond.

Thanks for your time in reading this!

Edited by Navy62Spouse
Mistakes

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I would use the waiver and get the heck out of the RO let BVA decide it

RO don't like giving up retro of 11 years too.jmho

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Porgee, thank you for your response.  I already sent my argument with evidence in a week ago.   The claim is at the Cleveland RO currently (which I hear is the worst) on a remand from BVA.  Can I send in an RO waiver at this point, or will the RO be reviewing evidence/developing from what I just submitted?  In looking at CFR 38 & M21-MR, It sounds like the waiver only applies if the claim is currently at the BVA & prevents them from remanding to the RO for evidence review.   

Edited by Navy62Spouse

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