Remand Appeal & New Claims for RFE

[renee]

I’ve had an appeal on file since 2013 for Fibromyalgia and bilateral knee pain. The appeal went all the way to BVA. During the process they loss my appeal. When the VSO lawyer got involved I started to see traction. As of last week the BVA remanded back to the RO. I read the letter 4 times and it sounds like BVA is scolding the RO for “overlooking” pertinent information like my STRs. The judge gave specific instruction that RO must do assist with connecting my knees to my degenerative bank at 40%. I think I need an IMO and updated DBQ. 
 

But in addition to the above it would appear that the regional office turned around and opened 2 claims for RFE. These are unrelated to my appeal. I definitely feel being like this out of spite. What can I do.

[GBArmy]

Renee I'm not clear; what do you mean the RO "opened 2 claims for RFE"? What is RFE and do you mean these are new claims never initiated by you or are disabilities that you have currently awarded? If "RFE" is anything close to what you have going on with the BVA disabilities, then the VA will have to look at any relationship with any existing disabilities. They have to eval symptoms that may already be accounted for (pyramiding"), worsening of conditions, etc. Need a little more info from you.

[pacmanx1]

5 hours ago, renee said:

I’ve had an appeal on file since 2013 for Fibromyalgia and bilateral knee pain. The appeal went all the way to BVA. During the process they loss my appeal. When the VSO lawyer got involved I started to see traction. As of last week the BVA remanded back to the RO. I read the letter 4 times and it sounds like BVA is scolding the RO for “overlooking” pertinent information like my STRs. The judge gave specific instruction that RO must do assist with connecting my knees to my degenerative bank at 40%. I think I need an IMO and updated DBQ. 
 

But in addition to the above it would appear that the regional office turned around and opened 2 claims for RFE. These are unrelated to my appeal. I definitely feel being like this out of spite. What can I do.

Renee, try to understand that when a veteran’s claim is remanded from BVA to the local VARO, the local VARO must implement the order and perform a duty to assist the veteran in gathering information and to include in obtaining a current C & P exam and or opinion.  Even though you may have had a positive C & P exam. The local VARO will most likely request a new C & P exam, but it is possible that they could rate your condition but, in my experience, VA will request a new exam and evidence. It is just what they do. Just keep in mind that if you disagree with any decision you can always file a NOD (Notice of Disagreement).

I have a current appeal that I filed and was denied, and I filed a NOD which was ignored. When I reopened my claim it was denied a second time and this time I filed another NOD and the VARO processed it and it has been to the BVA then remanded back to the VARO then back to the BVA then remanded back to the VARO and then to the CAVC and remanded back to the BVA for a final grant and then remanded back to the VARO only to have the VARO low ball my rating and my claim is going back to the BVA. Yeah, no sh_t. BVA granted my effective date but the VARO screwed up my rating percentage and refuse to grant.  Of course, this is after the VARO granted my corrected rating then decrease/reduced it  while still in the appeal status. Well the VARO did correct and gave me my higher rating but not my percentage effective date. You must be determined not to give up.

Also keep in mind that this is your fight, your battle and some will not understand. I feel that since this evidence was always in my file and the VARO missed/ignored it or for whatever reason it is/was money that I should have been awarded/granted and I feel that I should get it.

[Buck52]

GB Army

RFE   ABBREVIATION    RFE , Routine Future Exam.

renee 

Call the washington hot-line  and tell them what you just mention here 

here is the #White House VA Hotline:  1-855-948-2311. 

 

Edited November 4, 2020 by Buck52

[broncovet]

You have 2 questions, I will answer each seperately:

1.  You posted:  

Quote

The judge gave specific instruction that RO must do assist with connecting my knees to my degenerative bank at 40%. I think I need an IMO and updated DBQ. 

 You read the decision, I have not read it as you did not post it.  I have "only your interpretation" of the decision and my advice can not be any better than your interpretation.  Best is if you post the decision, redact your name and then I can interpret it, or others on hadit. 

     We dont know if you need an IMO or not, and its unclear if this is a claim for increase or intitial SC.  If you are appealing a disability

percentage on an already sc condition, then you well "may" need an

IMO to document your symptoms (and an effective date those

symptoms occurred).  If this is for a new SC, well usually BVA grants (or denies) SC and leaves the percent up to the VARO.  You mentioned 40 percent, so this suggests its already sc, but its unclear if you are referring to "other" issues not yet SC.    If you are seeking Service connection, then make sure you have the Caluza elements, and, if you are missing or have an inadequate nexus, you will likely need an IMO for that.  

2.  Moving on to your next question you asked:

Quote

it would appear that the regional office turned around and opened 2 claims for RFE.

   Who told you this?  Was it your VSO?   Did the VA send you a letter that you will be "scheduled" for a C and p Rexam? (RFE?)   If not, It sounds like you looked on ebenefits and saw some sort of RFE on 2 unlelated issues.  An "RFE" isnt a claim.  When you are granted SC, the VA also makes a determination if you are p and t, or if "future exams are scheduled".  It also sounds like you are basing this on the myth, that, when YOu apply for an increase, VA will reduce you instead.  This is not the case.  

      Ebenefits is historically both unreliable and out of date.  If this is based on your interpretation of ebenefits, I say dont worry about it.  If I worried every time ebenefits wrote a new line in my file, I would spend the rest of my life worrying, and that would be a waste.  If they have requested a re exam, that is something different and we can address that. 

       Dont worry about ebenefits, and make sure of your source.  VSO's are sometimes less reliable than ebenefits (if that is possible).   

        My advice is to find out the answers to my questions, and, if it is as I think, just wait.  If you have money for an IMO, it may well be productive.  

         You used the term "VSO lawyer".  Hmm..was it a lawyer, or a VSO, or, did your VSO hire you a lawyer? (it happens sometimes).  If you do have a lawyer, you probably should ask him these questions, as he has read your file and knows more about your case than we do.  

       I almost never go against a Vets lawyer, when he has read your file and I have not.  

Edited November 4, 2020 by broncovet

[renee]

Thanks for responding.  I’ll provide some clarification because my original post was full of emotion....

 

1.  I’ve also attached the remand for easy reference.

2.  The appeal remanded by the BVA was for fibromyalgia and knee arthritis claimed as pain. The original file was for service connection. The BVA judge in his remanded stated that the RO failed to assist in developing my claimed issues as being connected to (I.e. causation or aggravated by) my already service connected degenerative back disability. The judge in my interpretation is throwing the red flag on the RO for their failure to assist. After call with the VSO’s lawyer I guess I have a bit more clarity although she didn’t hesitate to admonish my questioning of VA’s policies and procedures. As it stands today, additional evidence was procured from my health file by the VA. They did not include everything back to 2013 and they should correct?

3. The two new claims they opened are apparently future examinations. I had a  PTSD, MDD and MST re-exam last year and they’re doing it again. The other is for my migraines which are rated at 50% now. I got bumped in 2017 that took me to 100%. Before then my migraines were static, when they bumped me it removed the static. 
 

It could be timing but right now I feel like they’re attacking me. 

 

 

 

 

 

 

 

 

 

Edited November 6, 2020 by renee
Redacted

[Buck52]

renee,

I advise to get an attorney at this point, looks like they remanded all your claims.

 check out this link , it has some insight as how the remans work and some great information to use.

https://www.veteranslawblog.org/expedite-va-remand-process/

Source: Attorney Chris Attig  VLB  (Veterans Law Blog)