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Appeal Remanded By BVA

Prettypantha

Asked by Prettypantha,

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Prettypantha Collaborator

Prettypantha 49

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Hi All, Its been a minute since the last time I was here due to being consumed physically and mentally from the losses of both my parents and a sibling in 2019 although, I'd make a debut the other day to let you all know that I am well. I am very grateful to be doing so much better. Could someone please explain to me what this letter means from the VBA that I'd received today? Everything was remanded, which it's my first time going through an appeal process. Thank you for any input in this matter!

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GBArmy Grand Master

GBArmy 1,447

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Prettypantha First and foremost, we certainly extend our condolences to you for your losses. A tough thing to go thru; take it one day at a time. Your decision letter sure seems to be good news for you though. The BVA has found that the VA failed on several fronts regarding a duty to assist. The didn't get your records or attempt to obtain and so it goes back to them to get records from SSA for your headaches. You have to be eval for radiculopathy . They said you should be getting a disability in excess of 10% prior to 6-19-17 and a 30% after that date on headaches. And because they missed the boat on your headaches claim, they failed to eval you for TDIU eligibility. So you can expect C&P's for that as well. The RO will be asking you (eventually) for new exams for these. I think you should also be aware that with your hearing and other potential increases for radiculopathy, you may be able to reach 100% P&T WITHOUT going the TDIU route. You should eval that path carefully. You aren't done yet, but this is favorable news for you.

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Buck52 Grand Master

Buck52 3,236

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Well said GB Army  well said!!!

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Hucast21 Collaborator

Hucast21 37

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Remands more often than not turn out to be wins later on from what I have researched.

Good luck to you in the future!

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