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tdiu Claiming Cue Before Appeal Goes To Bva
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oldman273
Good morning all, I got good news last week and took a weekend off after I got a Statement of the Case through the mail and decided not to let it ruin my weekend. What I have is a descion to let a claim for IU die or fight it with the following items. The VA ignored my claim for aid and attendance based on SC back issues which they granted an increase but denied the issue of house bond status based on worsening back issues which have left me unable to care for myself which is why I put in for aid and attendance and the forms with the surgeon who did my original back operation. I know that if I file a cue I open myself up to just the information on hand and I loose the benefit of the doubt rule. I do not want my claim for IU to go to the BVA as it will halt any other issues which the VA ignored. I am also going back to my surgeon with the SOC to see if he will write his opinion on my SC fusion and the facts that the VA wrote in their SOC as the reason for denial. they are as follows.
" Entitlement to individual Unemployability is denied because you have not been found unable to secure or follow gainful occupation as result of SC disabilities. I put in at first as my back was the original issue pre surgery and the VA ignored the issue of Aid and attendance and the other claims for Arthritis and the letter that my surgeon completed that I was indeed unemployable due to SC back and that Surgery was in fact needed to help my issue with not being able to move. Now that the surgery is over I am left still unable to care for myself still as i am the recipeint of a failed back operation through no fault of my surgeon just the state of advanced arthritis that was secondary to the original SC back injury in service that I am SC for. any ideas i have the whole SOC scanned but I do not know how to redact every thing so I posted it in peices. i according to the letter have 60 days to request a hearing and 1 year to appeal. I have the time just trying to figure out what I should do. i know they made several mistakes but how to call them on it and keep it from going to the BVA is the main issue. from where i sit I plan to get a ride up to the surgeons office and ask them to read the VA SOC and see if they can reply to what the VA ignored in a letter that states I am TDIU as a result of my SC back. I do not believe they cited both letters just one as my surgeon was clear in his first letter when he filled out the forms for Aid and attendance also at the time. Thanks sorry it was so long but the facts are here thanks...
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