TDIU questions

[Rocket1949]

Hi All,

I just recently received a rating increase for PTSD from 50% to 70%. This was part of a NOD that I had filed in May of 2016. I also received a Statement of Case regarding that same NOD. In the SOC they denied my claim for TDIU. I have enclosed the letter that gives the reasoning behind their decision. From what I can gather the letter denies TDIU and goes on to explain their reasoning . No new evidence ,and failure to send in VA Form 21-8940 . I also need to mention that I had gone thru a Vocational Rehab evaluation earlier this year. That evaluation determined that I wouldn't be offered any schooling or training due to my service connected disabilities and that I would be put in the ILP program. I have tried to get my VR records thru a FOIA request made earlier this year. That has proven to be unsuccessful and I almost feel as if Im being stonewalled. 

Im assuming that my VR records would be viewed by my rater when making a decision on TDIU. I wanted my VR records to verify what I had been told by my VR evaluator .My VR evaluator was an Independent Contractor hired by the VA to do an assessment on what services VR would offer me. As stated previously the the contractor deemed that I wasn't eligible for any training or educational services. They also stated that this was because of my service connected disabilities . They did recommend me for the ILP program and that program determined that there were no services that they could offer at this time.

Im in the process of filling out the VA Form 21-8940 and would like to hear any suggestions in how to properly  proceed .

One question that comes to mind is the way the letter is written. It states a denial for TDIU in the beginning and latter mentions the form 21-8940 as being the reasons for denial. Seems like TDIU was denied outright and later the mention of the 21-8940 was a formality .

Your thoughts please.

CC  Berta,Gastone,Buck52

 

 

 

Thank You

 

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[Rocket1949]

I took off my SOC for know.  I thought I had redacted names and numbers.  Oops!  I need my 7 year old grandson to help me out with this computer fun. 

I put a redacted abbreviated version of my SOC back up.

Redacted SOC 5 pages.pdf

Edited June 5, 2017 by Rocket1949

[Rocket1949]

Gastone I couldn't get the Atigg SOC video to work. Do you have another link?

[broncovet]

In regard to the SOC, its important to understand what a SOC is.  Attorney Jan Dils explains what an SOC is:

http://veterandisabilityblog.com/blog/what-is-an-soc-v1/

What you need to know, in regard to a SOC is this:

1.  Its a denial decision of at least part of your benefits requested.  

2.  You have to appeal THIS denial (SOC) in 60 days, not one year.  You appeal a SOC denial by filing an I9 form, which is an appeal to the BVA.  

3.  Most of the SOC is legal mumbo jumbo citing the regulations supporting your denial.  

4.  The VA is required to file an SOC.  If you submit new evidence in the applicable period, they must then supply an SSOC, which is a "Supplemental" SOC, which is supposed to include your new evidence.  

[Rocket1949]

Thanks broncovet I'm working on my Form 21-8940 first.  I'm going to submit my Form 9 next . Way before the 60 day time period.

Thank God I have a great smart wife. Without her and Hadit I be like the Titanic.