Ahhh! Pray for us

[treysnonna]

I just looked at ebenefits this morning, nothing new.  I just checked again . It says judge has made decision and we should be getting letter soon.  This day marks the fiftyth anniversary of my husband leaving Vietnam!

[treysnonna]

Did talk to Vso and they approved claim for increase to diabetes but only back to aug of 2016.  We filed claim in oct of 2012.  The denied it from 2012 back  because of the wording our dr put  down in was, “patient on insulin, and restricted diet, and limited mobility.   And the one he put down in, they say aug 16.  Because that is the one that our family dr wrote, “ patient on insulin and restricted diet and restricted activities.  Which to me they mean the same thing.   Should we ask for reconsideration on the effective date?  Because I think they are screwing him.  Now they remanded the renal disease also.  And the tdiu was also remanded.  Now hubby did not file for the iu, but the Vso says they, the va, is sending him the form to fill out for the iu.  So we will see.

[paulcolrain]

im praying for you and your husband. we both had simaliar bva docket dates. i wish you would put it again so we all could go over and help you more.... please dont forget that a remand is not a denial! and dont forget that there is only a small portion of people here on hadit that have gone up to the level of the BVA DC.... most only go thru regional offices and call it an appeal. we the small group know what its like to go All the way before cvac

please remember an imo /ime is important but costs money...... if i was you i would take the entire remand and pay for an independent medical opinion/exam   it will cost you less than 5k .... so if you did receive any money from this appeal id use it wisely on the remand.

you will more than likely be scheduled for a new c and p exam within nest 2 months and the results most prob wont be good... so ,,, if you also have the imo/ime report to submit than you will win your remand to the date you want.

Edited May 31, 2018 by paulcolrain

[treysnonna]

Hit is not really my decision it is his.  I think he is going to accept the date of aug 16.   What the heck is the difference in limited mobility and restricted activity.  And I believe with at the time he was having real problems with the aortic valve and I assume the ihd to.  As Berta said he did not get to 60 percent 𝓘𝓶𝓶𝓮𝓭𝓲𝓪𝓽𝓮𝓵𝔂. He was failing and etc. had a pulmonary embelism in 11.  We have not got the letter from them yet.  this is what the Vso told us.  So I think all the Vso does is right the one letter?  Now if we ask for the date go back to nov 12, does that mean they will not start the monthly raise at 90 percent?  I’m trying to understand all this.

[paulcolrain]

21 hours ago, treysnonna said:

Now if we ask for the date go back to nov 12, does that mean they will not start the monthly raise at 90 percent?  I’m trying to understand all this.

no. you WILL LL HAVE THE RAISE TO 90. they just work on an earlier effective date and while they work it you will still have the retro and the monthly

[broncovet]

If you get a BVA denial, make no mistake:

Quote

HIRE A LAWYER.

The EAJA will pay his fees.  Some/most lawyers will agree to represent a Veteran at the CAVC at no cost to the Veteran, knowing EAJA pays the fees when the Veteran is successful.  

Caveatt:   Do it quickly in 60 days or less.  Send (a copy..electronic is fine..scan it in if you like) your BVA decision to at least 3 NOVA lawyers.  (At least one will almost certainly decline to represent you).  Dont be upset if they decline..its probably more about them, than it is your case.  For example they just may have more cases than they can handle right now.  Or, they decline if its not in their favored area of expertise.  If you look at the NOVA site, this helps, because not all Vets lawyers want EED cases, for example.  

https://vetadvocates.org/welcome/find-an-attorney/

I do recommend Chris Attig of the lawfirm of Attig Steele.  

 

[treysnonna]

Ok,  hubbys appeal was remanded back to st. Pete for further development. On renal disease and iu.   So when he filed the claim, he signed waiver that bva make the decisions.  So are they just telling st. Pete what to do.  Does the remand go back to the end of the line?  This is driving us crazy.  Now if it goes to cave, how long is that usually?