tdiu Letter For Tdiu

[Josephine]

I do not want this to sound like a NOD at this time. I would like to send a letter with the TDIU Form and a letter from my doctor.

Does this sound alright?

To the Department of Veterans Affairs:

Subject: Claim for TDIU

I have asked the R.O to adjudicate my NOD for headaches and shall expect same rating as you may use the same medical information used to decide the February 27, 2004 claim effective June 26, 2003.

The NSC Pension, February 27, 2004 effective June 26, 2003 states 50% for chronic anxiety and 10% for headaches.

The time frame for submitting the form should be tolled - as the TDIU claim would still be pending - in that they had the "inferred" claim.

I am requesting Un-employability TDIU with an Earlier Effective Date.

I am sending the VA another copy of the TDIU form completed to the best of my knowledge and belief.

Had it not been for the Negligence of the VA to acquire my psychiatric records from the St Louis archives upon my first filing date, my claim would not had been so impossible to establish service connection. I am requesting the VA to accept the Certified letter from Social Security pertaining to my work history.

Please read.

United States Court of Appeals for the Federal Circuit

00-7009

HOWARD F. ROBERSON, Claimant-Appellant,

v.

ANTHONY J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

DECIDED: May 29, 2001

In March of 1989, 38 C.F.R. § 4.16 was amended to add subsection ©, stating: “in cases in which the only compensable service-connected disability is a mental disorder assigned a seventy percent evaluation, and such mental disorder precludes a veteran from securing or following a substantially gainful occupation . . . the mental disorder shall be assigned a 100 percent evaluation under the appropriate diagnostic code.”

"Once a veteran submits evidence of a medical disability and makes a claim for the highest rating possible, and additionally submits evidence of un-employability, the “identify the benefit sought” requirement of 38 C.F.R. § 3.155(a) is met and the VA must consider TDIU. The VA must consider TDIU because, in order to develop a claim “to its optimum” as mandated by Hodge, the VA must determine all potential claims raised by the evidence, applying all relevant laws and regulations, regardless of whether the claim is specifically labeled as a claim for TDIU.

Edited May 26, 2008 by Josephine

[william n]

Sounds great too me>>>Sincerly, William n

[LarryJ]

Betty,

They'll probably consider this letter as an NOD.

Now, I'm no expert on this (or much of anything else) but, I wonder if it would better suit your purpose if, in the body of this letter, you would mention de novo review by the DRO as soon as possible, etc., etc.

[Berta]

Great case to cite Josephine- this seems fine to me.

[Berta]

http://72.14.205.104/search?q=cache:EACG3U...es&ie=UTF-8

Tnere is a lot to Roberson-

The CUE was denied by the CAVC

but the TDIU infered claim was remanded-

"Upon consideration of the foregoing, it is

ORDERED that the July 1997 Board decision denying the appellant's claim that the 1984 RO decision was the product of CUE is AFFIRMED; it is further

ORDERED that the Board's determination in its 1997 decision that the appellant had not raised a claim for TDIU to the RO in 1984 is REVERSED; it is further

ORDERED that the matter of the appellant's eligibility for TDIU is REMANDED to the Board for appropriate procedural compliance in accordance with the Federal Circuit's decision.

DATED: June 3, 2003 PER CURIAM.

[Josephine]

Great case to cite Josephine- this seems fine to me.

Berta,

As most of us know I was awarded the NSC Pension with unemployability to 1983.

Within the NSC Pension they have told me the rating was 50% for anxiety and 10% for headaches.

Somehow, during all the confusion the DRO never adjucicated my NOD for headaches.

I wanted to remind them they could just use the same medical records they used to award the 10% for headaches they used earlier for the pension. More info they have enough C&P's mention the headaches.

At this point if they would pay me TDIU back to the date they awarded me the 70% I would shut up for a little while.

What do you think?

I cannot afford at this time to stir up trouble. I have to remember this is the same R.O that tried so hard to deny me service connection for anxiety to begin with.

After going to the BVA the AMC and then back to the BVA Judge, I would like to lay low, but receive TDIU for three years.

A lawyer can handle the other stuff.

Will this fly?

I know the R.O would love to shut me up once and for all.

I don't know what you call the case I just proved, but sure am grateful to receive retro back to 1992. I paid off the mortgage and now debt free. I am waiting for the R.O to process my husbands retro.

The Service Manager was extremely nice about this.

Thanks,

Betty

[Josephine]

Betty,

They'll probably consider this letter as an NOD.

Now, I'm no expert on this (or much of anything else) but, I wonder if it would better suit your purpose if, in the body of this letter, you would mention de novo review by the DRO as soon as possible, etc., etc.

At this time, I just want them to pay me the TDIU back to when they awarded the 70%.

I will let a lawyer handle the messy things.

I don't have enough sense.

Thanks,

Betty