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BVA Pending with Judge


paulstrgn

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I am hoping someone can explain to me what is happening with my BVA case. I filed a BVA for two issues, SA and hypertension via RAMP. They have been with a judge now for two months. The odd this is there is a second BVA claim originally for four items and recently went to nine items. Is what makes this so odd is that I have only filed one BVA claim. Now I did a RAMP for a higher level review for four items for a EED, but that has already been decided. Does anyone have an idea of what may be going on?

I have called the BVA number and spoke with someone about the two appeals but they could not answer why.

Thanks.

 

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Just a guess but VA is required to combine additional claims that relate to original claim.  So while judge administrative assistant reviewed claim and knew of additional disabilities connected to that claim they would be added on as "inferred".  "VA should not initiate development of an inferred issue unless the evidence indicates VA may be able to grant the benefit."  It sounds like your evidence indicated more that just the claim you filed.

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Perhaps, but for SA and hypertension I am not aware of anything else that would be related. The second appeal listed is what I believe is the SA and hypertension. The below is copied from VETS.gov website.

Status: A judge is reviewing your appeal

Issues on appeal: External popliteal nerve paralysis and 9 others

  • External popliteal nerve paralysis
  • Sciatic nerve paralysis
  • Anterior crural nerve paralysis
  • Anterior crural nerve paralysis

Status: A judge is reviewing your appeal

Issues on appeal: 2 compensation issues

  • Compensation issue
  • Compensation issue
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Is it possible that your evidence suggests unemployability? 

"There are two rules that have been established in regards to what the BVA must consider. One rule says that the BVA is required to address all possible legal theories that would service connect a disability or death benefit claim as long as the theory is reasonably raised by the evidence in the record. The second rule says that if there is evidence that of unemployability on the record, the BVA must address the issue of entitlement to a 100% rating due to individual unemployability regardless of whether or not the veteran specifically raised this issue."

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@broncovet Do you have any idea how my BVA claim might of changed? Any suggestions is all welcomed.

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@dlv I am employed full-time right now (plan on retiring in October of this year). So they should not be looking at unemployablity. In my personal opinion the VA has made many errors on my previous claims and perhaps the BVA is trying to rectify them, at least that is what I hope. It has been with the judge almost two months now so I am hoping for a decision within the next 30 - 45 days.

 

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So I had something like this happening to me, where when they were looking at a new claim an old claim came up.  I am assuming it has to do with not overlapping conditions.  This is only a guess as until they tell you, it is very hard to know.  Looks like there could be a remand in your future.  

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I am sure you are correct about the remand.

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I know that the VA sometimes piles on when you appeal an EED.  I filed for an EED on one disability and they added a reconsideration of my neuropathy.  Maybe they are trying to punish me for asking for an earlier EED?  I do not trust the VA to perform a fair evaluation when they start deciding to reconsider some of my disabilities.  The good news is that it is neuropathy that they are reconsidering and neuropathy does not get better.  That does not mean that they will not propose to reduce me though.

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The really strange thing about the BVA is I only sent in one appeal to the BVA but Vets.gov shows two appeals with a judge. I had only appealed SA and hypertension, so I really am not sure what is going on. I will wait on the judges final decision.

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