[AMA LANE]

I have been asking the 800 number and IRIS this and the only thing they will do is give me a docket number. They will not give me a place in line, or even tell me if there will be a way to track how many are ahead or behind me. Hoping someone has an answer for this.

 

 

*edited for clarity

[Duty to Assist- Did the VA fail me?]

On 1/28/2020 at 11:58 PM, retiredat44 said:

I am saying this out of experience,,, duty to assist is fraud.... they actually don't mean what the dictionary says it means..... liars, conniving crooks... I could give tons of proof to back it al up, but I will die spending my last few days or years listing al the lies,, instead of getting the much needed rest.... if there were lawyer or attorney, paid or pro bono, or someone that cared, they could prove this, but no one can take the time and resources to fight the deep pockets of the crooks... you are on your own.... no one will fight for your rights,,,,, only you.....

Yes, I have learned that only I can advocate for myself. They kept jerking me around sending me letters that I was submitting the wrong forms, so I filled out every single form they have to do a claim. They finally stopped sending me letters and moved their asses.

[Duty to Assist- Did the VA fail me?]

On 1/29/2020 at 12:25 PM, Hamslice said:

I may be dumber than a stone on these issues, but,

If they are saying SMC from a 2016 claim, wouldn't that infer (to me at least) that they are going to give you TDUI (or 100% scheduler) from 2016,

connect the dots....

Hamlice

 

Clarify: SMC-S granted because they fixed my award from 2016. I had another claim that was awarded in 2017 that put me at 100%, but I did not meet the SMC-S requirements. The correction of the 2016 award makes SMC-S effective as of whatever month in 2017 it was that I met the 100%/60% requirements.

[Duty to Assist- Did the VA fail me?]

Update: SMC-S granted based on 2016 peripheral neuropathy award. 

[Duty to Assist- Did the VA fail me?]

Just an update: I filed a CUE for my original claim. I have actually been awarded service connection for peripheral neuropathy on a completely unrelated claim from 2016 based on CUE on behalf of the VA. The CUE for TDIU from my original claim is pending, but other CUEs were submitted by the VA because (based on what the people on the phone say anyway) the diagnostic codes I was assigned do not match the minimum ratings I was awarded. Once those are completed, the TDIU CUE will move forward. WOW. 

[Duty to Assist- Did the VA fail me?]

Sorry I went MIA. I have 4 kids and a husband who was out of state. I have the redacted files to upload. Any advice would be appreciated. 

 

[Duty to Assist- Did the VA fail me?]

On 9/18/2019 at 11:23 AM, GeekySquid said:

Did you specifically raise, or reasonably raise, the need for IU?

I did not raise the claim for IU. This was my initial claim and it took them about a year and half to complete. I filed almost a year after I got out. 

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In the packet in the evidence did they include a form for TDIU?

They did not include a form for IU.

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Did the letter say "we need more evidence of IU".

It did not say they need more evidence of IU.

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In your c-file is there a request and response from Social Security for you work history?

No, there was no request and response from Social Security for my work history for my initial claim .There was one for my claim when I lost my job in 2017 because of my SC disabilities, but not from when I separated.

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If you can redact those things of Personal information and then post them, it would help people here from offering opinions.

I'm working on redacting some of the files I have.

 

My C-file is over 2600 pages so I've had to look through a lot of pages to make sure there wasn't something I missed.

[Duty to Assist- Did the VA fail me?]

Hi everyone. I finally got a copy of my complete C-file. I looked it over and found this on the VA's rating Decision forms:

"It is unclear from the psych exam if the veteran reported whether she in unemployed due to her SC conditions or if she

is just unemployed by choice. For this reason, IU was not inferred as an issue."

 

Is this something I should fight? It would have to be a CUE based on failure to fully and sympathetically develop a claim since it was 2012 when this happened. I was awarded IU in 2016 for the same SC disability with a very similar DBQ from a different doctor at a different RO. Hope someone can give some advice.