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White House Hotline


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Hello Hadit Community.  Just to refresh anyone's memory on our case.......my husband appealed a rating decision on migraines in 2011.  He had his hearing in April 2017 at which time the judge discussed the possibility of TDIU because he is unable to work.  He filed TDIU claim that day with his VSO.  In December 2017, that claim closed and was denied.  When his appeal came before the judge in Feb. 2018, he made the IU claim a part of my husband's appeal.  We received the BVA decision on March 7, 2018 stating his migraine increase rating to 50% was granted and the TDIU was remanded.  Since that time, there had been no movement. We made IRIS inquiries and called the VSO several times.  We called the WHITE HOUSE hotline about a month ago and received a response by email.  Here is what it said:

 

Thank you for contacting the White House Hotline.
 
You inquired about your remand. Your claim is currently at the Appeals Resource Center, in the last stages of processing. Your claim has been reviewed a decision has been made and now your claim is being finalized. Once finalization is complete you will be notified.
 
We understand that this process is long and frustrating and we appreciate your service and your patience.

 


So, at this point, we know it is at the ARC.  The part that says "Your claim has been reviewed, a decision has been made and now your claim is being finalized" is very vague.  I don't know if the "claim" they are referring to is the migraine GRANT that has already been decided or the TDIU remand.  Any insights from anyone?

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Call again. Let the WH Hotline know that the answer was vague, and that your question still has not been answered, just like you put it here. They will re-open the inquiry. 

Hi, Call again.

Sometimes, not always, they hold your award of monies until the remand is decided.  This is especially the case if the remand could change your award.  I have suffered through this myself as have many

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On 8/5/2018 at 3:56 PM, Kelly Severance said:

Thanks for your response.  We will call again if we don't see any movement in the next couple of weeks

have you called again and asked your follow up questions? the reason i ask is im in a similar situation and wondering if i should call hotline again.

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No.  We have not called again.  We are at almost 7 months since the BVA granted the increase.  Still no retro or implementation of new percentage.  We have done 2 other IRIS inquiries.  The latest info said the appeal is at the ARC in Washington DC and the Grant is at our local RO in the review stage.  Very frustrating!

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i have a few questions about this same thing ... regarding after bva decision... i can attest that,,,if its a final decision without a remand that has nothing to do with grant and if your not retired and your not getting a pention and you do not owe any money to va and that the judge granted a percentage and an effective date.... 6 weeks wait... you can call whitehouse line and wait 6 weeks you should have.

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After 7 months, and still no response from VARO implementing your decision, AND you have "documentation" that you have filed IRIS inquiries AND white house hotline calls, you are getting "ripe" to file a writ of mandamus.  

I would send a "intent to file a writ of mandamus" to the data center in Janesville.  In this letter, signed by you, I would cite your BVA decision which (should say), you are entitled to expiditious treatment.  In the "intent to file a writ", I would give them a deadline of 60 days, or else you file a writ.  

If no response in 60 days, then file a Writ of Mandamus.  VA gets away with delay after delay..every day.  Send a message to them you dont tolerate it.  

The court of Veterans claims probably wont grant your writ, but you will get your implementation letter.  

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