Filing a new claim before remand is settled...

[Kelly Severance]

It's been a little over 2 years since the judge remanded my husband's claim for IU.  In the meantime, he continues to decline.  He is a gulf war veteran and has many of the presumptives.  He filed for these a few years back and was denied.  If we file again, will this hold up the remand further?

[ShrekTheTank]

I have never dealt with UI so this could be part of the process and this may be all you need to fix it I hope! 

I am a boat rocker so I am sure the VA hates me, but they have tried to stop me so many times.  I will never stop and they will keep hearing for a long time!  

Keep fighting!  your husband deserves it!

[broncovet]

Do this in this order:

1.  Send an IRIS email inquiring why your (2 year old remand) has not been completed, and ask for the "status".  Explain its a legacy appeal.  

2.  Call "Peggy" and ask the status, write down the time, date, and who you spoke with as well as their response.  

3.  Call the white house hotline ask them why your remand (where "expiditious treatement") is required, has gone on for 2 years.  

4.  After all this is documented, and you have given them time to respond, consider filing a writ of mandamus to compel VA complaince with the remand order expiditiously, as required by law, or to give you a written decision as to "why" they can not process this claim immediately.  

    Source:  The VA took 3 years to do my remand for tdiu, and you have to keep the pressure on.  "The squeaky wheel gets the grease". Yes, I won, but it took forever.  Delays like this pressure them to award.  In your writ, ask for a "real solution" that the VA has already proven they dont respond to remands.  

[Kelly Severance]

13 minutes ago, broncovet said:

Do this in this order:

1.  Send an IRIS email inquiring why your (2 year old remand) has not been completed, and ask for the "status".  Explain its a legacy appeal.  

2.  Call "Peggy" and ask the status, write down the time, date, and who you spoke with as well as their response.  

3.  Call the white house hotline ask them why your remand (where "expiditious treatement") is required, has gone on for 2 years.  

4.  After all this is documented, and you have given them time to respond, consider filing a writ of mandamus to compel VA complaince with the remand order expiditiously, as required by law, or to give you a written decision as to "why" they can not process this claim immediately.  

    Source:  The VA took 3 years to do my remand for tdiu, and you have to keep the pressure on.  "The squeaky wheel gets the grease". Yes, I won, but it took forever.  Delays like this pressure them to award.  In your writ, ask for a "real solution" that the VA has already proven they dont respond to remands.  

Hey BroncoVet.  You might have missed my earlier comment, but we got a White house return call this morning stating that his remand had been denied and an SOC was mailed today.  We asked "why" it was denied and he said the reason was because he was gainfully employed............ Again...Not true!  

We just called Peggy to see what they said.  She said that an SOC had been mailed on 3/11/20 and should arrive in 10 days.  

I know for a fact that they knew he was medically retired because there is a document in his CFile that we received mysteriously in January where the VA had done a deferred rating form for his TDIU.  It states in the document that "VAMC treatment records indicate the veteran is medically retired from his VA Nursing Job"