Yes, it has been going on for a long time. My first denial from VA came in 1985. I have a 3.156(c) claim in to start the process to fix that one. I get to go to a C&P this Thursday for that one. That should be interesting, since the injuries are now over 36 years old. I am printing out a ton of records for the examiner. I imagine the VA will tell them to just look at the past year of records.
I don't see the purpose of a lawyer if you are able to work on your own case. I imagine some people can't, or just don't want to. I couldn't wait to get a lawyer when I became eligible. The DAV told me they had lawyers to represent us as we went up the ladder. After my experience with DAV I would not want to chance it. After all I have learned in the last several years I am hoping I can see this through on my own.
You will have to explain this to me. I do not understand it at all.
As to the part about the date that a doctor stated that you can no longer work I would really like to know where this came from. Buck stated it to and I asked him where it came from and he went off on a tangent to tell me about EED. I have searched CFR 38: Pensions, Bonuses, and Veterans' Relief PART 3—ADJUDICATION - and the only place doctor is mentioned is in - §3.352 Criteria for determining need for aid and attendance and “permanently bedridden.”. I have searched CFR 38 Chapter I → PART 4—SCHEDULE FOR RATING DISABILITIES - and this does not mention doctor at all.
This comes from M21-1 - Do not ask the examiner to opine as to whether or not the Veteran is “unemployable” due to his/her SC disabilities. A determination that a Veteran is unemployable is a legal determination that rests solely with the rating activity.
To the best of my understanding I needed to be at 70% with one 40% to apply for TDIU. When the VA sent me the decision in February 2003 that showed I was 70% with one 40% I applied for TDIU.
No idea what you are talking about.
I don't doubt that they don't want to pay me what is due. They have screwed this up so bad from 1985 on it is unbelievable. A quick calculation shows over 200K for this TDIU claim. The 3.156(c) claim is not far from that either.
It looks to me like I am going to have to go to the BVA and go through my entire C-File and point out all the evidence that I have. I was at the BVA in 2016, with no idea what was going on. DAV was a total waste of time. They did not wish to meet with me the day before to go over any evidence or discuss anything. The DAV just went through the standard boilerplate questions about each disability and how it had gotten worse. DAV had no idea about SSDI or SSA Records. Apparently the BVA didn't have enough good sense to look through my C-file and see the SSDI and the fact that someone else's SSA Records were in the middle of mine, with the pages showing my SSDI grant missing. The judge wanted to know about headaches. I thought that was strange since I am rated 0% for headaches. I found out why when I got the C-file and found a screwed up C&P exam that stated I was taking all these narcotics for headaches. Thanks again DAV. DAV said I didn't want to get a copy of my C-file, I would loose my place in line. So I go in blind with no knowledge of what the BVA is looking at. Now I know to hound the VA for my own copy of C&P's as soon as they are finished.
Screw ups on my TDIU include denying me because I quit, that sh*t was done all the way up until it was granted, M21-1 says that doesn't matter. Mailing a TDIU decision in 2008 to an address in a different state that I hadn't lived in for over 3 years, yet all the other communication for the 3 years prior had been sent to the correct address. Closing my claim before a year was up. Continuing to ignore the SSDI decision every time I sent it too them. Blatantly ignoring the VR&E denial letter with my doctor's statement that I couldn't work and my SCD's were permanent. Most of these most egregious denials came from the Roanoke VA rating office.
Have I mentioned lately how much I hate, absolutely hate, dealing with the VA in any way, shape or form?
I hope I haven't upset anyone too much with this. I sat down to write several times in the last few days but I would get in a pissy mood and want to raise a lot of cain so I kept putting it off. I think I am a little better today.