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After 9 Years, BVA Finally (Mostly) Granted, Drop Remand Issues?

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I'm 70% SC (50% for depression, 40% lumbar spine, 10% + 10% lower radiculopathies).    I put in for several secondary and/or aggravation issues which VARO denied way back in 2009, went through DRO review in 2011, then filed Form 9.  

Checked vets. gov yesterday, got this information

Current Status

The Board made a decision on your appeal

The Board of Veterans’ Appeals sent you a decision on your appeal. Here’s an overview of the decision:

Granted

The judge granted the following issues:

  • Service connection, sleep apnea
  • Service connection, lung disease
  • Service connection, peripheral nerve paralysis
  • Service connection, central nervous system disease
  • 100% rating for individual unemployability
  • Service connection, lumbosacral or cervical strain
  • Increased rating, special monthly compensation
  • New and material evidence to reopen claim for service connection, migraines
  • New and material evidence to reopen claim for service connection, lumbosacral or cervical strain

If this decision changes your disability rating or your eligibility for VA benefits, you should see this change made in 1 to 2 months.

 

Two issues were remanded:  SC for migraines and sciatic nerve damage.

Now, I'm considering withdrawal of those two items.  My thoughts are that SC will make absolutely no difference to me, so why waste the VA's time on a remand when they could be working on another veteran's claim?  Can there possibly be any negative consequences to withdrawing them?  It's not like I'm going to die of either condition.

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Congratulations!!!

Withdraw carefully only when you are certain it wont make a difference.  Did you calculate whether or not these disabilities will combine to 60 percent?  The reason is that SMC S statuatory is 100 plus 60, so thats another 354 per month.  

However, I do appreciate your concern over other Vets, but it wont help them, long term, if you withdraw and then change your mind.  

Edited by broncovet
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Congratulations!

I agree with @broncovet

Personally, I can admit that migraines can indeed be debilitating. If it was me, I would let the VA continue and render a decision on the deferred disabilities.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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I agree that you should continue your claims.  The question of whether they should drop IU for a veteran at 65 has been raised by congress but it was put down.  We all know that once the cat is out of the bag it never goes back in.  They may some day implement that change.  Keep at it until you get 100% scheduler if you can.  

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Congratulations to you! Wish you the rest and long awaited relief from the war of the VA !

 

Not in appeals, since I got 100%, and some of it was winning an 1151 negligence, which the VA turns out does not give ful benefits if you win 1151 negligence they squirm and legal loophhole you and your family out of many benefits, really crapp nasty bunch running the va benefits, they wil backstab and scre wyou even if you win you lose. May 2021.

01-01-11_My_Medical_Records2.jpg

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Congratulations and good luck in the future!

USMC 79-85

100% P&T

SMC R1

70% loss of use of right arm due to multiple sclerosis

100% suprapubic cystostomy due to multiple sclerosis

100% loss of use of both lower extremities due to multiple sclerosis

30% left upper extremity weakness

30% insomnia with hypersomnolence

10% neurogenic bowel

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