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Indy_CV62_OS

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Well, it's been a few months and I'm still waiting.  Last thing that happened was a C&P Exam in Dec. that strongly favors my Appeal.  The examiner at the VA Medical Center said that my Remand was in Nashville.  I spoke with Peggy a week or so ago and they said my file went back to Philly.  So, I really don't know which RO has my Remand.  Peggy said that the RO takes between 30 and 60 days to review the results of the exam.  When I read the exam report, it is clearly in favor of me finally getting SC for chest wall injury caused by chest tube.  I'm hoping to get 60% for that.  The Asthma should be no less than 30% because of all the cortico-steroid inhalers.  Lastly, IU should hopefully be granted.  It has been a very long and difficult grind.  I'm more anxious now than at any other time because I'm so close to the end.

I've been busy helping other Vets in a Facebook group and have neglected my home here.  Will spend more quality time here.  I hope and Pray that all of us get the benefits we've earned.  If anybody can answer a question: If the RO Grants the Appeal, which from what I gather, they can, will they notify me or will they send the file back to the Board?  If the RO Grants the Appeal, where would I see that first: Ebennies, va.gov, bank account or snail mail?

Thanks all!

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  • HadIt.com Elder

Indy,  Hopefully you will get a decision soon. But you haven't been paying a lot of attention; the sites/sources are just too unpredictable and often are inaccurate. The RO MAY have the last action here, but it also can go back again to the BVA. If you must, limit yourself to checking once a day, but you're going to be better off checking a lot less frequently. Don't forget to pay attention to your back pay amount; they often will get it wrong on your EED. Best of luck.

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@Indy_CV62_OS, If this is a remand and the RO grants your appeal you can stop there.  If they do not grant your appeal or if you are not satisfied with the results of the grant you can send your case back to the BVA and have them take another look at it.  You keep your original place in line if you do this so it does not take as much time as a normal BVA appeal.  I once had a lawyer once end my appeal after the remand and I was not happy with the results, the lawyer had already been paid and said I was taking up other vets' time at the board.  I fired the lawyer and sent my case back to the BVA and received further relief.

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8 hours ago, vetquest said:

@Indy_CV62_OS, If this is a remand and the RO grants your appeal you can stop there.  If they do not grant your appeal or if you are not satisfied with the results of the grant you can send your case back to the BVA and have them take another look at it.  You keep your original place in line if you do this so it does not take as much time as a normal BVA appeal.  I once had a lawyer once end my appeal after the remand and I was not happy with the results, the lawyer had already been paid and said I was taking up other vets' time at the board.  I fired the lawyer and sent my case back to the BVA and received further relief.

This is exactly what my lawyer said.  The RO can Grant all or part of the Remanded Appeal and then kick it back to the Board.  The Remand Order from the Judge is written in a way that pretty much signals that he would Grant.  The Remand Order specified an exam from 2017 that the RO used to deny me.  The Judge ordered an expanded opinion by that examiner.  Instead, the exam here in WV gave me two diagnosis for chest wall defect with Stressors and Nexus.  The RO is boxed in now.  Don't get me wrong; they are capable of anything devious, but the exam report is bulletproof.  I suppose it is just a matter of time now.

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