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treysnonna

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Ok my husband has Ann appeal in since11/12 for chronic renal failure secondary to diabetes.  There is a new claim in ebenifits, which we did not do.  It is saying for cornary heart disease RFE.  I'm assuming that means renal failur evaluation.  So I'm assuming again they are going to try and approve it asso with the heart disease.  We put in  for the heart disease 7/14.  He was diagnosed with diabetic nephropathy by his private nephrologist.  What are they trying to do?  The appeal is still up.  We have not gotten anything from them.  No docket no etc.  but he would loose a lot of back pay is what I'm thinking.  Any thoughts ?  From anyone. 

 

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Also,. He did not put in for tdiu. But the va did ask that question on the ebb the dr filled out and his family dr checked he was not able to work.  Does the va automatically give that to you.   And also put in for an increase on the diabetes.  He is at 80. Now, if he gets tdiu that diffently puts him over the 100 or at 100. Will the be paid from the time the claim was put in? Is this something we should call and ask.  I can not get hubby to move on this.  I'm afraid he will jump in and just take what they offer him.  What do you guys think about this.  Please help me to understand all this.

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Let me make a correction.  I was trying to say p&t instead of tdiu.  My husband is like the rest of you guys that went to nam.  Enlisted 5 days after graduating has.  17 yrs old.  He did a total of 20 yrs between navy and Coast Gaurd.  Then he did18 yrs in law enforcement.  I think he worked enough. Couple of other jobs in between.  

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Well, we need more information.  You said he had an appeal since 11/12.  Is this the NOD date, the decision date (RO), or the date you filed the I9?   Did you even know you were required to file an I9, or your appeal will be considered abandonded?  

To get to the Board you have 2 steps:

1.  File a Nod on a RO decision within a year.

2.  File an I9 within 60days of the receipt of the SOC.  

    If you did not complete BOTH these steps, you wont be going to the BVA.  You should have had a docket number long ago, after you filed the I9.  

     Did you move and not give VA your address??  Rememeber there are 2 VA's:  VAmedical and VA benefits.  Changing your address with one, often does not affect the other.  

     You need to take some action here.  This is what I recommend:

1.  Send an IRIS email, asking for status on your 11/12 appeal.  Keep a copy of their response. 

2.  Did/do you have a VSO?  Did he file any of the papers for you?  Does he have copies?  Ask him the status.  

3.  You need to find out if a)  VA dropped the ball  b) Your VSO dropped the ball, or c) if you dropped the ball, for example, by not filing the I9, or by not supplying VA with requested/needed evidence, or not keeping your address current.    

      After you find these things out, we can direct you better what to do. 

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Yes filed a nod, filed19 within the 60 days. Vso thru American legion filed all.  We have copies did an iris, about 10 days ago.  No ans yet.  I got Drs to fill out dbqs etc.. I have got all his lab work from the time he was diagnosis with renal failure.  His Vso  to wait till we rec docket number, otherwise it might get lost without it. However, we ar still waiting on that. Of course it is like everyone else, by the time they get around to rating it, you are much worse than you were, so then it is time to file for increase.. Lol. Will they take into consideration that the dr. Put down that he is not able to work at all now and grant  P& T.  I mean we did not file.  We really did not think about it.  That is what happens when you get old.    Thanks for listening and I appreciate your advise.

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Trey, just from what you wrote, appears to me he will be rated 100% P & T .

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