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

[acesup]

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.

[Gastone]

Wait for the actual Award Letter for clarification, there's no reason to rush anything on the Remands. What SC's got the IU Award? Did you receive the SMC S Housebound Award? Any mention of "T & P No Future Exams" or eligibility for Dependant CHAMPVA ?

You're 64, the yearly filing of the 21-4140 is required till you hit 69. The IU Award is not etched in Stone until you hold the Award for 20 Years. Before you hit 65, file for the (1) Free $10K Whole life policy. You can get (2) more DAV $10K policies at prices you can't currently touch in the open market. 

[acesup]

Not having received the Decision Letter, yet, I'm not sure which condition(s) got the IU award.  I was 50% depression, 20% lumbar spine,  10% + 10% lower extremity radiculopathies, 10% residuals of hepatitis.  

The "lung disease" granted is chronic Pulmonary Thromboembolism with daily anticoagulant therapy, so should get 60%.  The O.S.A. is severe and requires Bi-PAP, so should get 50%.  I expect the other conditions to get a couple of 30% ratings and a couple of 10%s.

Reading the granted items makes me think they've also awarded SMC-S, but I won't know that until I get the BBE.  

I'm extremely curious to see the reasons and bases for all of these grants, because I felt I had a very strong case from the start, yet got shot down in flames on initial claim and DRO Review for most everything I had claimed.  I had(what I thought to be) some great medical opinions/nexus letters from a number of medical specialists including three Pulmonary M.D.s (one was a professor and head of Pulmonary Dept. at University of Texas) regarding both the lung disease and O.S.A. 

I guess I'll also learn from the letter whether they call my ratings P&T.  I do think when everything is said and done I will rate 100% schedular, but we shall see.

While most of this appeal is from 2009, I just remembered that a couple of conditions and TDIU were claimed in 2007 and lost during "Shreddergate".  Somewhere I have a VA "Fast Letter" assigning the 2007 filing date for them.  Since it should also be in my C-file, they should hopefully consider that to be the Effective Date,  

Bottom line, though, I doubt there will be anything that I will appeal further.  I feel vindicated now, and I just want to have this "underdog me versus the big bad giant VA" chapter of my life come to an end.

Thanks to all for the advice and kind words and encouragement throughout this struggle.  I plan to scan and share (redacted, of course) the Decision information in hopes that it will help the next vet be better prepared for battle.

[Berta]

It looks to me that  BVA awarded 100% ( TDIU )and SMC .

"Can there possibly be any negative consequences to withdrawing them?  It's not like I'm going to die of either condition."

A good point. But  I suggest you wait until the award comes, and then decide what to do next.

[Gastone]

Did you share a redacted copy of your BVA Docket Decision?

[acesup]

Gastone,

I'll try to do that tonight or in the a.m.  I don't have any easy way to edit, so I'll have to make a copy, mark it out with a Sharpie, scan it, then post.  Hopefully I'll get time this evening, too much happening around the house today.

--Ken

[acesup]

When speaking with my attorney last night, I agreed not to post the decision until after we've taken whatever action (probably reconsideration) for an EED.  Sorry to have misled anyone, but I'd better listen to her, she knows all of the legal ins and outs of this stuff.