Any reason I should NOT drop the (remanded) rest of my appeal?

[acesup]

Here's my situation:  My 2009 claim went to BVA in 2018, and I was awarded 100% P&T plus SMC-S, retroactive to 2009.  There were two items remanded, migraines and sciatica.  The sciatica was then awarded, but migraines were remanded again.

I told my attorney's office that I didn't see any point in pursuing the migraines, and I thought they had dropped that to end the appeal.  However, I just got notice of a C&P on 1/19/21 for the remanded migraines.

My thought process is that I should write a letter to VA-Jaynesville to end the remand and the appeal.  I don't see where there's any reason to pursue it, and it is just a waste of my time and the VA's.

Is there anything I'm overlooking?  I figure since I passed the 10-year P&T mark in 2019, I'm wired.  Thanks in advance for your advice.  

[pacmanx1]

13 hours ago, acesup said:

Here's my situation:  My 2009 claim went to BVA in 2018, and I was awarded 100% P&T plus SMC-S, retroactive to 2009.  There were two items remanded, migraines and sciatica.  The sciatica was then awarded, but migraines were remanded again.

I told my attorney's office that I didn't see any point in pursuing the migraines, and I thought they had dropped that to end the appeal.  However, I just got notice of a C&P on 1/19/21 for the remanded migraines.

My thought process is that I should write a letter to VA-Jaynesville to end the remand and the appeal.  I don't see where there's any reason to pursue it, and it is just a waste of my time and the VA's.

Is there anything I'm overlooking?  I figure since I passed the 10-year P&T mark in 2019, I'm wired.  Thanks in advance for your advice.  

It really depends on the evidence of/on record. Depending on when you filed your original claim for migraines you could receive an even earlier effective date. Migraines headaches rating can be rated up to 50% and this rating could change your overall combined rating which could change both the individual rating percentage and your combined rating to warrant an earlier effective date with retro due you. Meaning that even though the VA has set your effective date back to 2009, it could go back even further. The VA is known for misleading veterans on their effective dates, so it is up to you. Only you know if you could possibly have a potential earlier effective date than 2009.

[El Train]

I'm in the same boat with some disabilities on appeal.  I'm 100% P&T with SMC-s.  However, I plan on living abroad for months at a time.  From what I understand, I can have any service connected disabilities covered under the FMP (someone correct me if I am wrong on this). https://www.benefits.gov/benefit/567

So I plan on riding these appeals out.  Even if they are rated at 0%.  Also, I'm not concerned with the VA opening up old claims and trying to reduce.  I think this is a scare tactic.  If it isn't, then I'll bring the Hell against them.  Like I did to get my 100% P&T.  

Edited January 6, 2021 by El Train
update