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.

 

[Berta]

Claimants do not need to waive AOJ anymore- per Fast Letter  14-02

https://vetaffairs.sd.gov/veteransserviceofficers/Resources/Fast Letters/FL14-002.pdf

If you are at the AMC, by all means send any evidence to them BUT make sure you send it to the BVA as well.

My AO IHD death claim went through quite a rigamorale,from NY to Togus main, then to Seattle VA, and then at some point to the AMC, and finally it got to the Philadelphia Nehmer people.

I had faxed stuff to the AMC and learned that their Fax machine was in a closet, and they never got it.

I only had one BVA decision and it stated that evidence,which the VARO had, was never considered.

But I had sent it to the BVA, thinking they might have removed it from the C file before the files got there.

I mail everything to VA with a Priority mail USPS tracking slip,to make sure they get it. By now I hope the AMC  properly accepts faxed documents but I stick with USPS.

Edited September 17, 2018 by Berta

[jfrei]

Why is it they send it in the SSOC to sign from the AMO to waive it if they have a fast letter,  they’ll forget exists?

[Kelly Severance]

Update:

We did send in the letter from the doctor (stating that my husband is unemployable) to our VSO who uploaded the letter to the VA for his case file.  I am assuming that it will be accessible to BVA, RO, and ARC.  This was completed a couple of weeks ago.  We have since done another IRIS inquiry.  The response was slightly different, so I am not sure if it means anything......but this response indicates that the grant is being reviewed (instead of pending review) and that the remand is still being worked (see the first one above for differences)...so I wonder if they got the doctors letter and are considering it??

 

STATUS OF PARTIAL GRANT

It appears a decision has been made on a portion of your appeal. At this time, our records indicate the decision is currently being reviewed and processed 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. 

STATUS OF REMAND

The Board of Veterans’ Appeals (BVA) has ordered that additional action is needed on your appeal before making a final decision. Your record is currently located at the Appeals Management Center in Washington D.C. When all the required actions are completed, your file will be reviewed. If any further action or development is needed, we will contact you. If not, you will be provided a supplemental decision or Supplemental Statement of the Case (SSOC), prior to returning your appeal to the BVA for a decision.

[vetquest]

It looks to me like your case is being finished up at the RO and the BVA is looking for the RO's SSOC before they proceed.

[Kelly Severance]

Thanks Vetquest.  I hope so!  I truly hope that since 2nd inquiry response was slightly different that they are taking the doctor's letter into consideration.  From everything I've read lately, it seems that all remands are being sent to ARC and that partial grants are not implemented until the remand is complete........  My concern is this,   If they will not finish up with the implementation of the grant (increasing his overall rating to 70%), how could they grant the TDIU (on remand)?  Because without the increased migraine rating, he does not qualify for the TDIU.  

[vetquest]

Wait for the SSOC and see what they say.  Some good news is that cases at the BVA are supposed to be handled as of the Document date.  Once it returns to BVA it can still be remanded again as mine was but it got handled quickly.