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Kelly Severance

Remand being worked?

Question

In VA.gov yesterday, there was a new claim that had been opened for TDIU (increase) and Migraine (Increase).  I was wondering if this means that the VA is working on our remand?   They sent us a letter requesting further evidence as they work our Appeal, and they requested that we fill out another 21-8940 and 4192 (? I think).  We had previously filled those out in May 2017.  But we filled them out again and faxed them in.  Now it is showing up as a claim in Va.gov. So my question is this:  Is this typical protocol when they are working on the remand portion of an appeal? The remand is also still "open" in VA.gov.

Edited by Kelly Severance

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There are several ways a remand will work out.  In one case they may just award benefits based on a previous C&P as they did in my case.  In most cases they will do a new C&P to decide if your condition has changed since the last C&P since the time is usually so long.  If they request a new C&P show up, not showing up leads to an instant denial.  It can take as long for a remand as it does for the initial claim, they are supposed to expedite your claim but they do not appear to be doing this on any claims that I have seen.  Hang tough and keep a migraine diary so you can show in writing how your headaches are affecting you.  You should be able to find one online, there are many to choose from.  This is what helped me get the max for migraines, which is 50%.  I believe that it should be higher but that is all they think a migraine does.  Hang tough and make it to your C&P's.  After your C&P's the RO will make a decision and you will get a SOC.  Good or bad make sure you request that your claim go back to the BVA for signoff.  I did and they increased my disability.  You should never go down but you might go up at the BVA.

I you are still on good terms with your last employer see if they will write buddy letters as to how your SC conditions affected your work and lead to your termination.  I had one from a manager, one from a former manager, and one from a coworker.  This really helped me get TDIU.  The RO did not consider these but the BVA did and noted them.

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9 hours ago, vetquest said:

Good or bad make sure you request that your claim go back to the BVA for signoff.  I did and they increased my disability.  You should never go down but you might go up at the BVA.

I would never had thought of sending a good rating back to the BVA but what Vetquest is suggesting is excellent advice, you have nothing to lose by having sent back to the BVA.

Buddy letters do help especially at the BVA level.

Good luck

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Thanks Vetquest and Paul.  We already have the maximum rating for migraines.  That was granted at the BVA by the judge in March 2018.  We have also already received the backpay on that partial award.  The only part of the appeal left unworked is the remand on TDIU.   The remand order was also in March 2018.  The only remand order was to acquire a few private medical records that were not already in the evidentiary record.  So a couple of weeks ago, we get a letter from the VA saying they need us to fill out the 21-8940 and 21-4192 (we had already previously completed these forms in May 2017).  So I'm guessing they wanted a more updated 21-8940 to continue processing the remand.  My question is this, when the VA is working the remand, will they open a new claim?  That's what happened a couple of days ago in VA.gov.  A new claim opened (it said Migraine increase and TDIU increase).  

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I do not know how that would be.  If you are rated at 50% for migraines that is the max unless they let you go extraschedular.

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    • Precedent Setting CAVC cases cited in the M21-1
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