No question, Just an update on Appeal/Remand

[Kelly Severance]

Just an update and some background to help anyone understand the attached correspondence from the AMO.  My husband's appeal for IU was remanded by the Judge in March 2018 decision (migraine increased to 50%, IU remanded).  He had previously applied for IU in May 2017 after his hearing for increased migraine rating.  He was denied  IU in December 2017.  We began to receive correspondence from the VA in April of this year (2019) requesting the documents that the judge ordered in the remand.  We faxed those in immediately.  Then no other correspondence for awhile.  Then in October, we received more requests (including medical records, 21-8940, 21-4142).  We uploaded all of that in ebenefits, including a letter from his primary care provider (private doctor) explaining that in his opinion, my husband is unable to maintain employment due to his SC disabilities.  

I emailed the AMO  a few days ago and received this reply:

Thank you for your inquiry. On October 29, 2019, Atlanta Regional Office (RO) determined that you recently submitted a letter from your provider opining that migraines, PTSD, and Tinnitus makes you IU. Previous development was conducted in October 2017, but the evidence indicates your status may have changed. So, Atlanta RO needed additional development. Thank you for responding to their development letter. On December 12, 2019, your case was assigned to an administration team within Atlanta RO for appropriate action. Please contact our office if you need additional assistance.

 This reply seems hopeful.  I just wanted to update!

[vetquest]

When the board remands a case it means that more development is needed.  In the case where a remand is made it is sometimes years and the VA needs to send you to a new C&P to determine your current disability.  Make sure that they keep your original date of IU.  Sometimes they will try to make the date of IU to the date they did a new C&P.  After a decision is made on the remand you have the right to send your case back to the BVA.  Please do this as sometimes if they have changed your disability date to the date of the most recent C&P the BVA will change it back to the original date, you can request this when sending your case back to the BVA.

[paulstrgn]

16 minutes ago, vetquest said:

Make sure that they keep your original date of IU.  Sometimes they will try to make the date of IU to the date they did a new C&P. 

In my case after a BVA win the RO tried to make the effective date the date the BVA granted my appeal instead of the original date (BVA win 7/2/2019 - original date 7/2015). I had to file a HLR which they quickly corrected the effective date.

As Vetquest stated make sure the correct date is given.

[broncovet]

Well, yes.  Did you fill in a TDIU form and send it to VA?  They may or should have sent you one.  Dont count on the VA to do that, tho.  The VA doesnt care about your money...they would prefer you die and never apply.  So you should send in the 21-8940 (tdiu form) "even if" VA did not send you one.  You can get them online. 

 Make sure you get the most recent form, VA has "on the spot seizures" if you use an older outdated form.   If the VA has "on the spot seizures" of your claim, you can guarantee it will be delayed AT least 6 months, (while they write you a letter and ask you to send in the correct form), or worse.  You dont even want to know what the "or worse" is.  (The VA has an excuse to "close" your claim, and then hornswaggle your effective date even if you eventually win it). The results of using an outdated form can be "so bad" that I can not even talk about it in mixed company, but, trust me, you dont want to find out how bad it can be.   

Edited January 2, 2020 by broncovet

[Kelly Severance]

4 hours ago, vetquest said:

When the board remands a case it means that more development is needed.  In the case where a remand is made it is sometimes years and the VA needs to send you to a new C&P to determine your current disability.  Make sure that they keep your original date of IU.  Sometimes they will try to make the date of IU to the date they did a new C&P.  After a decision is made on the remand you have the right to send your case back to the BVA.  Please do this as sometimes if they have changed your disability date to the date of the most recent C&P the BVA will change it back to the original date, you can request this when sending your case back to the BVA.

Vetquest, thank you for your reply.  Yes, we were concerned about filling out a new 21-8940 form for the very reason you listed above.  He filled out one in May 2017, and it was denied.  When the BVA made the decision to increase the migraines (on appeal) the judge took jurisdiction over the denied IU (as he stated he would at the hearing in April 2017), but then remanded it for further development.  So in October of this year, when we received correspondence (the letter said they were working on our appeal) from the VA requesting another 21-8940, we were confused and of course worried that, if granted, the EED would be from the newest form (Oct. 2019) instead of May 2017.......but for fear of being denied, we complied with all of their requests, including private medical records that we had already faxed in.  

We will, of course, have it sent back for an EED if they grant based on Oct form.

[Kelly Severance]

4 hours ago, broncovet said:

Well, yes.  Did you fill in a TDIU form and send it to VA?  They may or should have sent you one.  Dont count on the VA to do that, tho.  The VA doesnt care about your money...they would prefer you die and never apply.  So you should send in the 21-8940 (tdiu form) "even if" VA did not send you one.  You can get them online. 

 Make sure you get the most recent form, VA has "on the spot seizures" if you use an older outdated form.   If the VA has "on the spot seizures" of your claim, you can guarantee it will be delayed AT least 6 months, (while they write you a letter and ask you to send in the correct form), or worse.  You dont even want to know what the "or worse" is.  (The VA has an excuse to "close" your claim, and then hornswaggle your effective date even if you eventually win it). The results of using an outdated form can be "so bad" that I can not even talk about it in mixed company, but, trust me, you dont want to find out how bad it can be.   

Thank you Broncovet for your reply.  To answer your question, Yes, we did file in May 2017, it was denied and then added to the appeal for the migraine increase at his hearing.  In October, they did send us a new form and we did complete the form they sent and upload it into ebenefits.  Hopefully the form they sent was the most recent!  I would HATE to have more delay because of a dated form...... 

[Kelly Severance]

4 hours ago, paulstrgn said:

In my case after a BVA win the RO tried to make the effective date the date the BVA granted my appeal instead of the original date (BVA win 7/2/2019 - original date 7/2015). I had to file a HLR which they quickly corrected the effective date.

As Vetquest stated make sure the correct date is given.

I have this feeling that this may happen in our case as well.  If the IU is granted, we will definitely fight for the correct EED.  Question, why did you do a HLR instead of having it sent back to BVA for the correct EED?