tdiu Soc Do You Send A Written Reply

[SEJones]

;) I received a SOC dated 11-1-05 from the DRO. It said Decision increased from 10% to 80%. As I said in the other post, there was much information attached about my rights to appeal to BVA and to file a form 9 within 60 days. There was also a TDIU form attached with a "note" stating that if I signed it would be considered "quickly." Yesterday I call the 800# and am told that I never accepted the SOC and that I needed to do something. What was not answered. Is this 800# BS or is there a step I MISSED? I went to the VARO the day after I received the letter and did file the tdiu form with supporting docs. I had the same job for 15 years and was terminated after exausting all sick leave and benefits after becoming too ill to work. The DRO had to know this since the court record was in my c-file about not being able to keep job longer to keep benefits and the 2001 SSDI award letter. (yes all about the same 1 s/c condition)

Is there a step I missed? If I did how long to I have to correct it? My treating private docs and one VA doc are writing letters on my behalf to errors in the SOC. I thought I might need them just incase they decline my TDIU. You all said be ready for anything from the VA, including a deline on a perfect claim. So Berta I have my ammo but still don't know where the enemy is hiding. There are never any names on these letters.

Will the DRO process the TDIU since he/she has my file "on their desk" or is it just like any new claim.

Running out of time

SE

[john999]

If the DRO awarded you 80% then you will keep that percentage until your appeal for a higher rating is decided. If you don't win a higher rating it will stay at 80%. Someone is just blowing smoke at you to keep you from appealing.

[Jay Johnson]

You should keep your 80% regardless, but you can take two different routes to increase your rating. 1) you can continue to appeal the current rating and hope to get a 100% scheduler from the BVA, or 2) You can accept the 80% and file a new claim for increase due to TDIU. I may be reading your case wrong, but it seems that you did not file for TDIU on the claim you are currently appealing, which means you'll need to prove you're 100% scheduler to the BVA (which may be difficult). If this is the case, I would do some research on exactly what your disorder is and what the criteria for a 100% rating would be (IE - match up your evidence to the evdience needed for a 100% scheduler for your disorder).

P.S. - The RO/BVA can award TDIU without you asking for it based on the medical evidence, but I wouldn't hold my breath for them to be so kind:-)

[Arch]

;) I received a SOC dated 11-1-05 from the DRO. It said Decision increased from 10% to 80%. As I said in the other post, there was much information attached about my rights to appeal to BVA and to file a form 9 within 60 days. There was also a TDIU form attached with a "note" stating that if I signed it would be considered "quickly." Yesterday I call the 800# and am told that I never accepted the SOC and that I needed to do something. What was not answered. Is this 800# BS or is there a step I MISSED? I went to the VARO the day after I received the letter and did file the tdiu form with supporting docs. I had the same job for 15 years and was terminated after exausting all sick leave and benefits after becoming too ill to work. The DRO had to know this since the court record was in my c-file about not being able to keep job longer to keep benefits and the 2001 SSDI award letter. (yes all about the same 1 s/c condition)

Im no "Berta" But my advice is to disregard the phone calls. The Telephone interviewere have limited screens for lookup and are often out of date and sequence.

I think the written form of the rating holds the most weight, If it is an award letter for 80 %, then you are 80% disabled On the tdui issues thats something "you "have to evaluate. Personaly I would jump at it with only 20% left for 100% Disability.

Arch Sgt. USAF

Is there a step I missed? If I did how long to I have to correct it? My treating private docs and one VA doc are writing letters on my behalf to errors in the SOC. I thought I might need them just incase they decline my TDIU. You all said be ready for anything from the VA, including a deline on a perfect claim. So Berta I have my ammo but still don't know where the enemy is hiding. There are never any names on these letters.

Will the DRO process the TDIU since he/she has my file "on their desk" or is it just like any new claim.

Running out of time

SE

[SEJones]

You were right. The money showed up today. I got the isnurance letter on Monday. Now I guess a break down of what it is for and an award letter will follow.

Merry Christmas

SE ;)

[kbsb]

glade to hear that you got the money so now take a deep breath and relax.

[Guest Berta]

SE -I dont think the VA will consider you for TDIU without a filled out 21-8940 TDIU application.

Once they get it I think it will go fast.

It would not surprise me if they attach one to the award letter but then again- they probably won't.

800# - I know after almost 20 years-dealing with same VARO - who is good when they answer and who isn't.

I know who will give me the nitty gritty and those who still haven't learned how to read the VA P C Screen.

If they tell you something that doesn't make sense - call back in a few hours and get a second opinion.

For example- the 800# people have told me for 6 weeks that my files are "in transit"-when I questioned that a few times how could this be-when I was told in early Oct-they had been returned to the VARO - 2-3 vet reps told me that the transmittals get updated slower than other things on the PC screen.

Monday- a 800 vet rep said- 'I spoke to you weeks ago' and now I see they are still showed as not returned '

I told her what the other vet reps said about the slow transmittal updates but she said No- that isn't right-

they have to do accurate accounting right away for files in transition-

she wanted to do an inquery but I said no-I will do it through the VA web site-

for a hard copy-(she laughed- she knew why)

This vet rep picked up on the fact that something was wrong and after looking into it myself-something WAS wrong and my vet rep is waiting to hear from the VARO on this-

Some of the 800# people are excellent and others don't have a clue.