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]

Cavc

 

[Kelly Severance]

Treysnonna,

Your husband's situation is somewhat similar to my husband's case.  I don't have any answers for you because I am very new to this also, but we can keep posting and learning.  My husband has been through 2 appeals via the BVA:

* the original claim for SC on migraines and PTSD in 2005.  He was denied. (Gulf War Vet in 90-91)

* he appealed and in 2011 he was granted SC on both for 30% each.  From the BVA decision to the VA implementation, it was 14 months!!! Crazy!

*He then appealed for higher % in migraines within the year (very debilitating and misses 50% of work hours at that point in 2012)

* He had his hearing with VLJ in March 2017.  During the hearing for increase on migraines, the judge suggested filing for TDIU because he had leave statements from work.  At this point, he was able to work about one day a week.

*He filed a claim through VA for TDIU and within 6 months, he was denied because he was still "employed" at our local VA hospital (he is a nurse), even though he only earned $14, 000 in 2017.  Because he is a disabled veteran, the VA has not fired him due to inability to come to work most days.

* In march 2018, we received a decision packet from BVA.  The judge granted his 50% on migraines all the way back to 2005 (original claim date).  In addition, he "took over" the TDIU claim and made it a part of his appeal.  The judge remanded the TDIU.  The remand instructions ordered the VA to obtain some additional medical records that were not included in the evidentiary record and some that were from 2017-2018.  No mention of C&P.

* It has been over 100 days since the BVA decision and there has been no implementation by the VA to grant the increase in his rating on migraines, nor have we seen any retro pay.

* To date, he has not been able to work a day since Dec 2017, but he is still listed as "employed" as a nurse at the VA....so of course we are worried about that because I guess he is still considered employed. We have not received anything from the RO on the remand or anything that is going on with that.

*So that's our story....  Sorry it's so long, but I would be interested in anyone's take on our chances of getting IU based on my husband's situation and the judges "suggestion" to file TDIU and the remand orders....