What's my next step? BVA remand being returned to Board

[Kelly Severance]

Hello Hadit community,

I received an IRIS response a couple of days ago regarding my husbands Grant/Remand from BVA.  Based on the letter, my grant is being worked at the RO and is "pending" review.  The Remand (for TDIU) is at the ARC, but is soon to be sent back to BVA for a final decision (which means it was denied, I think).  The letter is below.  My question:  We recently (this week) got a letter from my husband's doctor stating that in his opinion, he is unable to work and unemployable due to his disabilities.  Should we go ahead and send this in?  If so, where?  To the BVA, ARC or both?  Or should we wait on the SSOC?  

Also, any other interpretations of the letter?  Thanks for any help!

Here is a portion of the letter:

It appears a decision has been made on a portion of your appeal. At this time, our records indicate the decision is pending review and processing at your regional office. No other action is needed from you at this time. However, if further information is needed you will receive notification by mail. We are sorry that we are unable to give you a timeframe for this final stage in the appeals process. We appreciate your continued patience. 


A review of our electronic records indicates at this time your file is physically located at the Appeals Management Center, in Washington D.C.. Your file is being prepared and reviewed to be sent back to the Board of Veterans Appeals (BVA) for a final decision. Prior to it being sent to the BVA you should be provided a Supplemental Statement of the Case that will detail any new information.

 

[broncovet]

If you have new evidence, send it in.  Yea, it may delay it, but without key evidence, you are looking at a denial, and the delays would be much longer.  As one person said, if you dont have time to do it right the first time, when will you have time to do it over?  

The letter says you should wait.  But dont wait on sending new evidence, if you have any "new" evidence that is important.  

[Kelly Severance]

That's what I thought.  I guess I could send a copy to the ARC and the BVA.  When we told his VSO about the IRIS response, she did not have anything in her system about it being sent back, but she told my husband to "wait" on the SSOC.  That just didn't seem like the best move to me....Thanks Broncovet!

[jfrei]

I would speak to the ARC first I did and they actually emailed me the decision 6 days after it closed.‭(202) 530-9455‬. If you get a copy of the decision page two states this to expedite it back to the BVA for a faster decision any new evidence send to them for the decision to be made instead of wasting time with the RO especially if the retro is relatively high the RO will deny deny deny ... This is my first ever decision I ever recieved by email that was only done from talking to the ARC director that same day I signed page two and emailed it back it was returned back to the BVA appeal closed 9/6.  Still took 3 months total but reduced a crazy  amount of wait time. I don’t think you can appeals-comms.amo@va.gov

IMG_3589.pdf

Edited September 16, 2018 by jfrei

[broncovet]

If you get a denial from the BVA, then this is a perfect time to appeal, but do so quickly as you have only 120 days to appeal a BVA decision.  

A fresh BVA denial is the perfect time to hire an attorney.  Most of the time, EAJA will pay your attorney fees, so why not go with a pro, when it costs no more than a VSO? 

Incidently, I have taken my own advice, and hired an attorney, Chris Attig, to represent me at the CAVC.  I expect to have a CAVC result before the end of this year.   

Edited September 16, 2018 by broncovet

[vetquest]

Yes, send this information in immediately.  It is strong evidence in your case.  The BVA will consider an IMO where the regional office might overlook it.

[jfrei]

But if they send it without waiving the RO review it will Delay there appeal with the BVA their reason because the new evidence might change. The RO view except it doesn’t do a thing except delay it to the BVA who might see the same evidence and grant the appeal. I’ve had this happen twice already. Wishfully thinking gets old... just call the ARC talk to the director explain your concerns see if she directs your call to the employee working your claim...