tdiu This Can't Be Right Can It?

[RockyA1911]

I am so angry I could spit nails.

My claim for TDIU from July 2005 and their error on skull loss rating of 30% that is undebatably 50% as the size exceed the 50% criteria by almost thrice. I had also claimed EED back to Nov 1976 for unajudicated claim for skull loss back then.

Anyway it was given to the rater finally on 9 July 2007, then the rater rendered a decision to her boss on 19 July, 2007. The boss then sent the claim to a more experience rater on 24 August, 2007. I was told last week that the boss then sent the claim from that rater to a senior rater for review on 24 September, 2007. Last week I was told that the senior rater still had it but there are a bunch of eyes looking at it and I should hear something soon.

I called today and was told that my claim had been pulled from review and sent back for development since I filed a claim on 19 October, 2007 for presumptive agent orange larynx cancer. I furnished with that claim, my DD 214 again, the VAMC Pathology report, and diagnosis letter from VA ENT Specialist Doctor that also stated it was as likely as not the cause of the larynx cancer could be from veterans possible exposure to agent orange in Vietnam.

The lady I talked to said that my claim would now have to go through development with the date of claim of 19 October, 2007 and be processed in sequence with other claims by date.

They had already had three raters on my 2005 claims, two to review a decision the 1st rater had already did on it. It was in the actual hands of the raters for almost 120 days.

So tell me do I now have to wait another three years for the decision on the already almost 3 year old claims just for a slam dunk presumptive cancer, for a total of 6 years for a decsion now from today's date?

There ought to be a law against this crap for certain!!!!!! Isn't there something I can do about this to make them give me the decision on the old claim from 2005? And then process the recent presumptive cancer claim in the sequence it is already in?

Need help and a lot of thoughts here on how to deal with this one!!!

[Stretch]

Rocky,

Sounds to me like the raters could be considering you for 100% P&T.

[Berta]

Rocky- the VA has to adjudicate or somehow resolve every issue a veteran files a claim on-

I am in same boat- because VA is focused on re-opening a CUE claim I had in 1998-denied at the BVA- and has been failing to address the initial AO death claim I filed in 2003-the one with the most evidence-

I addressed all that in a response to the VCAA letter I got recently and the main claim seems to be with a DRO now-

I do agree that -with the most recent claim- they should certainly be considering you for TDIU.

Frustrating- I know-

but your new claim is critical to a proper award.

(My AO claim has been with adjudicators and raters countless times-since 2003 too-if I look at my years of my 800 # phone log I get angry wondering what the hell they were doing with it-they sure didnt read the evidence-but since my POA revoked me- things have started to turn around.Try to hang in there Rocky)

[Pete53]

I suspect that it has more to do with money than anything else. The VA is tightening up on large back pay awards so your claim must be looking good for you but bad for VA.

Good Luck

[john999]

I bet the VA is trying to find some way to wriggle out of paying big retro. Non-adversarial.....what a joke. They really play fast and loose with effective dates.

They said my AO diabetes was effective the day of my c&p exam. I appealed that, you bet.

[RockyA1911]

Berta and all,

So Berta, are you saying that I must wait until I receive a VCAA notice for the AO presumptive larynx cancer claim before any of my claims will move any further?

Since they have already documented rendered decisions on the 2005 claimed stuff and was in the decision review area would everything then go back to where it was in the same sequence after I return the VCAA notice for larynx cancer?

OR do they just trash all the work they have done so far and start all over again on everything? And I guess it will be another 3 years or so before I will ever hear anything on the TDIU claim that is a 2005 claim?

Thanks, but I am really confused, frustrated, and angry over this. I mean the decisions were all done on the 2005 claims and were just in the review area to be reviewed by a senior rater, then on to post award and the claims would have been finished. After all those claims spent nearly 120 days in the hands of the raters being worked, not in a pile.

[Berta]

I am just saying- you had claims in process but this newer claim is surely going to be worked on too-because it has bearing on any decision they might have been ready to make-on the other claim.

They could certainly make a decision on the other claims soon and then defer a decision on the AO claim-

But it is hard to know what they will do-

Men and women -this is where having a good vet rep comes in- one with offices right at the VARO who can actually check and see what they are doing on your claims-

But I say that knowing full well that most of you get further with your claims without anyone on your POA-

This whole set up stinks because a claimant really has no way to get the nitty gritty unless their POA can intervene -and then the vet has to wonder if what the POA rep is saying -is the truth.

Maybe these vet orgs should just get out of the POA business-and tell their claimants to come here for claims advise.

Rocky- I dont know what to think-in your case-

With bonafide evidence of your AO condition and Vietnam service- I dont see why they would even need to prepare and send you a VCAA letter-

They have to read a claim before they prepare a VCAA letter- if the evidence is already there-I dont think they will send one-

My neighbor sent a few of his SMRS,and some VA medical reports, with his claim for SC last year- to same VARO I deal with.

He got a decision and award in about 7-8 months and told me he did not remember getting a VCAA letter at all.