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!

[paulstrgn]

3 hours ago, Kelly Severance said:

Question, why did you do a HLR instead of having it sent back to BVA for the correct EED?

Because it was the RO that made the mistake plus it took less than 60 days to resolve the issue and to receive back pay. Depending on the amount is how long the back pay takes.

[Kelly Severance]

So update, the claim that opened when the VA started working on the remand was closed yesterday in VA.gov.  There was no change in Benefits letter, so we are assuming a denial of the TDIU claim/remand.  However the appeal status still says "open" and has not updated since March 2018.  I assume that now this will go back to the BVA?

[Kelly Severance]

And now that claim has completely disappeared from va.gov.  It's not even listed in the historical claims.  On wednesday, the status still said " review/evidence gathering" but when I clicked on details, it said it was closed and a decision packet had been sent.  On Friday, the claim had completely disappeared.

[GBArmy]

Kelly My guess is you will have to wait to receive the mystery envelope. You could call Peggy, 1-800-827-100, but they don't usually provide any insight on final decisions; you have to wait. You also might want to check your bank statement on the off chance they issued a grant; payment often show up before written notification on a regular basis. I think you have to give it a little while to show up. IMO

[vetquest]

Aside from waiting for the envelope recheck VA.gov.  Sometimes when you look at VA.gov it does not include appeal status's.  I do not know why this happens but it does sometimes.

[Kelly Severance]

Thanks for the response!  Vetquest, the "Appeal" status is still listed as open.  I am assuming that if the VARO denied the IU again, then the appeal will go back to the BVA.   But the claim where they were working the remand for TDIU closed (and disappeared).  So I am doing the only thing I can......Wait!   .