BVA Appeal Question

[Kelly Severance]

Hello all.  I am new to posting, but have been researching on this site for awhile and have learned so much.  I have a question for anyone who can advise. Here is a short background on the case.  My husband filed his first claim in 2005 for service connection on Migraines and PTSD.  He was denied shortly thereafter and began an appeal which was granted (after several years and a hearing with VLJ) 30% in each disability in June 2011.  However he appealed the 30% on migraines because they are so debilitating and were causing him to miss a great deal of work.  He had his hearing in April 2017 and received a decision on March 7 2018 that he had been granted a 50% rating on migraines and a remand for TDIU.  Here is where the question comes in.  Vets.gov has recently updated their site and I was able to see all the past events from the FIRST APPEAL.  The timeline of that appeal stated that the BVA made a decision on his appeal on March 1, 2010.  However, the VA did not grant the issue until May 26, 2011 (that was also when the retro check was received).  I know the remand portion will take awhile, but we were hoping for the increased rating and retro soon.  We are almost at the 3 month mark now since the BVA grant.  Do you think we will have to wait 14 months for the retro like we did on the first appeal?  Thanks for any input!  

[broncovet]

Ok, so the BVA decsion was in March.  Unfortuantely, you have to wait on the VARO to "implement" the decision. The consensus is that this takes 1 to 3 months.  

[Buck52]

You should appeal the March 7th 2018  if they just paid the retro BACK TO april 7 2017

just tell them what you mention here that the decisions on his migraines was decided by the BVA on March 1 2010 and you believe the rero should have been made from that date. (March 1st 2010)

sometimes they try to wissel out of retro  but if you have the evidence to back you up  they have to go by that.

Also at this time request your hubby be given IU because he can no longer work!

You may need an IMO/IME exam and medical records read by a private Dr for the application to IU

   Get a Dr to to state he can no longer work or do any type of sedimentary work because of his sc disabilities/other evidence from his employer  he needs not to be working when applying for IU. ...if they gave him 30% for each disability and then an increase one to to 50%  ON one of these sc condition then he actually qualifies for the IU WITH A 80% RATING using the  CFR 4 .15 4.16 provision extra scheduler...this is used for WHEN a veteran that can't work due to their sc disability but does not reach the 100% disability Percent.

 

[Kelly Severance]

Thank you BroncoVet and Buck52 for your responses.  

BroncoVet, We are nearing the 3 month mark since the BVA decision, so hopefully the VARO will implement soon!  It's very frustrating! 

Buck52, According to our VSO, who apparently has more info than we do, my husband is being paid back to the original claim (2005) at the 50% rate for migraines.  His total rating now is 60% (30% PTSD, 30% migraines; 10% tinnitus), so with the increase, his new rating will be 70%.  In addition, the judge informed him at his hearing about TDIU and told him that he might want to apply considering the severity of the migraines and the amount of work he has missed....so we did file a claim right after that hearing, which was denied by VA in a few months; HOWEVER: when we received the BVA decision, the judge had put a remand on the TDIU for further development (Which we believed was good news considering the TDIU was never part of the appeal).

Sorry, I got long winded..........

[Buck52]

 Oh Ok so your waiting on the IU that is Remand at this time for a decision? B/C you appeal the denial for IU

I must read your post wrong  I was thinking he got two S.C.disabilities at 30% each and an increase to one of them to 50%   which would give him a combined rating at 80%

AS broncovet mention  you will need to wait until a decision is made at the BVA,it should not be to much longer now.

Just keep hanging in there!