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UPDATE on our APPEAL


Kelly Severance

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Hello Hadit friends!

I am so excited!  I logged into Vets.gov today and my husband's rating has finally changed.  His migraine percentage was updated to 50% and overall rating to 70%.  We have been waiting almost 14 months since the judge granted the increase on migraines.  Thank you Jesus!  I don't know how long we will have to wait on retro......but we are so happy to see this update!

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We cannot say.  Was there a remand with the award?  Is there any issue outstanding?

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Congrats to you and your husband, Kelly!  Sounds like it is rolling right along now, thatnk goodness, it was time!

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The good news is you got your award.  The bad news is that the VA appears to be holding the cash award until the remand is straightened out.  They are not supposed to hold it until the remand is complete but they have been.  The only bright side is that it is all money being banked in your name.

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Yes. It looks that way Vetquest.  It says on the AB8 letter that the effective date of our last  change to current award was Dec 1 2018.  But we have been receiving the "OLD" amount for the last 5 months.  So I'm not sure what that means..........  I do know that the judge granted the increase in migraines all the way back to 2005 AND under "Disabilities" on ebenefits, It says that the effective date for Migraines is 6/2005.

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Excellent news for you! I'm still waiting to hear about my granted stuff from July 2018. My remand is in prep for decision for 3 weeks now. Doc told me it was service connected so not sure the hold up. I'll just keep going to work until I drop lol. Those headaches are terrible I'm at 30 for them I get em a few times a month and sometimes they last a few days. Take care

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5 hours ago, 25th Infantry for Life said:

Excellent news for you! I'm still waiting to hear about my granted stuff from July 2018. My remand is in prep for decision for 3 weeks now. Doc told me it was service connected so not sure the hold up. I'll just keep going to work until I drop lol. Those headaches are terrible I'm at 30 for them I get em a few times a month and sometimes they last a few days. Take care

25th, so your remand is in Prep, but nothing on your grant?  Usually the grant is worked first.  I wonder if they worked them together and "Prep for decision" is for both the grant and remand?

My husband's migraines are awful too.  Do you get Botox?

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4 hours ago, Holllie Greene said:

Hi Kelly,

Wonderful news!!!  😀

Thank you Hollie!  I don't know if they are sending the retro now or not.  Ebenefits updated to the new percentage on saturday, but no retro yet.  I've read many times that once Ebenefits updates, it's only a couple of days before retro.....but nothing yet......

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Congradulations on award.  My hubby got his partial award in May 30, 2018.  We have yet to receive any retro.  But he did retire out of navy/coast guard, so they have to do an aew(audit error worksheet).  And from what we can find out it is the Coast Guard holding it up.  They said part of it was the gov shut down.  But the only send them in once a month.    Now the remand they sent to Cheyenne Wyoming, our ro is St. Pete.  But they also did a c & p for his cads, which is service connected and  they are proposing to reduce it from 60 to 30. It was a messed up c&p.  They guy lied and put down that hubby could use a push mower to mow yard.  And he did not tell the c&p doc that at all.  My husband has fallen twice this week.  My daughter had to help him up. He is having a lot of problems with his ears now and sinisus, but I think it is due to to the cpap.  They put him on some kind of spray for his nose and 30 days  of the highest dose of penicillin.    The c&p doc also put that hubby did not have any hytrophy in his hearts left ventricular,  etc.  I down loaded papers from his last hospital stay in aug that said all that.  Left and right are both in larked and thickened.  He never even looked at it.  We still have not heard when or even if they are going to set up a hearing.  

Do any of you guys think that if we sent in iris and pointed out where it says he has hytrophy in left ventricular and both left and right atrium our in large and thickened.  Do you think they would go ahead and really stop the reduction?

Kelley, I hope you get your retro soon.  Hope we get ours too soon we owe my daughter for our bed.  Ha ha

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I'm thinking yes on the working them together. My remand was at pending approval then went backward. I emailed the AMO and they said the granted stuff needed rectified. I feel like it was overlooked. I was told that they were being done together but who knows I've heard many different things lol.  

No Botox. Just ibuprofen and dealing with it. Cervical injury so never getting better. 

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Update Everyone.  We got our Retro this morning.  Thank you Jesus!

@treysnonnaI hope and pray you all get some relief soon.  11 months seems like a long time to wait on retro once your % has been updated from a grant!

@25th Infantry for LifeI hope that you get your closure soon!  We were told a variety of different things over the last 14 months.  Have you tried emailing the BVA directly?  

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Congratulations and best wishes Kelly.

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 Yep. I've emailed everyone lol. It's ok I've only been dealing with this claim and appeal since 2011 lmao. Last appeal took 11 years so this is lightning fast. I'm apparently immortal lol. It's ok though a lot of vets are in worse shape than I am. 

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CONGRATS!!!!!.......I got a few Q's Kelly..........(1)was this through RAMP or LEGACY and if RAMP what lane?  (2) How were you able to request TDIU when you just now increased to 70%  I thought you had to be already at 70% with at least one disability at 40% to be eligible for TDIU.  I am asking because I'm curious if you were able to ask for TDIU on the basis of being granted the increases that resulted in reaching 70%.  (3) What did they say as being a reason for remand on TDIU?   Just curious.  Thanks.

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11 hours ago, Wayne TX said:

CONGRATS!!!!!.......I got a few Q's Kelly..........(1)was this through RAMP or LEGACY and if RAMP what lane?  (2) How were you able to request TDIU when you just now increased to 70%  I thought you had to be already at 70% with at least one disability at 40% to be eligible for TDIU.  I am asking because I'm curious if you were able to ask for TDIU on the basis of being granted the increases that resulted in reaching 70%.  (3) What did they say as being a reason for remand on TDIU?   Just curious.  Thanks.

Hello Wayne.  My husbands hearing was in april 2017.  At that time, my husband told judge that he had been put on notice at work.  The judge, in duty to assist, brought up TDIU, and stated that if the migraine increase was granted, then TDIU would be possible.  So we filed for TDIU that day.  He was denied TDIU by the VA in December 2017.  Then in March 2018, we received the BVA decision packet that granted the increased migraine rating to 50% and gave us the overall rating of 70%.  ALSO in that decision was a remand for TDIU.  The only order in the remand was for the VA to gather some additional medical records that were not included in our claim.  A few days after we received our reward for the migraines, we got a letter from the VA and a form for release of medical records, which we have already faxed back in, as well as sent the records they requested that WE had.  So I'm hoping they are working on that .  My husband has not worked in 18 months.  Hope this helps.  Good luck!

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