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No question, Just an update on Appeal/Remand
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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!
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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 curren
Kelly Severance
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
paulstrgn
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.
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