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]

You are correct, if you are denied again you can request the appeal to return to the BVA for a final decision.

[Kelly Severance]

So get this........today we got a big white box in the mail from VA evidence intake center.  In it was every medical record, va correspondence, claim, etc in it.  It even had the results from the 3 VES exams he had in december.  His only 3 SC disabilities are PTSD, Migraines, and Tinnitus......but it is the migraines that keep him from work (which we identified in the paperwork).  The doctor stated that his migraines (which are already rated at the highest % (50) have worsened and with 3-4 each week, he would not be able to report to work and perform assigned duties.  The one for PtSD also stated that his condition has worsened, but did not impact work.  I also found in this big box where they had done an SSA inquiry and that he has been denied his SS disability :(.  That's all I have for now!  But as I searched through this document (maybe a C-file?) I did not find a decision letter......

[GBArmy]

Kelly, seems like that is his c-file. I thought that they stopped send hard copies in boxes and were only send it via computer discs now, but whatever. The c-file is a work in progress; it really only reflects  (or should) what is in his file at a point in time. As it develops, more is added to it. That is why it makes a lot of sense for a veteran to request a new one after his/her claim is decided. It is not surprising that the decision letter isn't in what they sent to you; it hasn't caught up yet if it has been released yet. Hang in there.

[Kelly Severance]

Thanks GBArmy.  I just can't figure out who requested it...........But we are hanging on!