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

[john999]

The main thing is to get the TDIU for to the VA and have proof you sent it. This is another step in the never ending battle for your proper rating.

[Josephine]

Betty,

I would change the word "impossible" to "difficult" or "complex". No use handing them a word to come back at you with.

Good Luck!

Thanks, I changed the word to complex. I guess it wasn't impossible, because so far, I am doing it.

You are right, they would throw it back in my face.

Have a good one!

Betty

[Josephine]

The main thing is to get the TDIU for to the VA and have proof you sent it. This is another step in the never ending battle for your proper rating.

John,

I want to make sure I am not writing a NOD. I do not wish to open a can of worms.

Should I even mention the EED?

Should I just not even mention the earlier date. I am getting a letter from my doctor.

Should I just turn in the form, the letter from my doctor and the certified detailed statement showing periods of employment and the name and addresses of employers from Social Security for the last 5 years that I worked 1983 and back 5 years.

Please let me know.

Always,

Betty

Edited May 26, 2008 by Josephine

[carlie]

Betty,

I'm not John --- BUT, if you don't want anything to be considered as a NOD then you

probably need to remove or change the part that I underline here.

jmho,

carlie

"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. "

[Josephine]

Betty,

I'm not John --- BUT, if you don't want anything to be considered as a NOD then you

probably need to remove or change the part that I underline here.

jmho,

carlie

"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. "

Thanks a bunch Carlie,

Should I leave out the part about the EED. I do not want any problems at this time.

Betty

[free_spirit_etc]

I played around with a bit of the wording a bit...

I am not sure if I was on target with some of it though...

Also - I don't think the part on Roberson about if you have a mental disability at 70% - you get TDIU is effective any more. I think that has been changed.

BUT it could effect TDIU for the pre-1989 portion of your claim.

Something to keep in mind though - is that is effective ONLY if the mental condition at 70% is the ONLY disability you have. I saw a case where this did NOT apply to the Vet - though he had a 70% mental condition BECAUSE he also had a 10% leg condition.

Go figure - how silly..

Anyway - I do remember one of your doctors had noted your headaches were secondary to your anxiety.

So you could also call them headaches - TO INCLUDE as secondary to anxiety. With it worded that way - they should consider the headaches as a secondary condition - AND actually - even if they don't grant for secondary - they should grant for headaches as they started in the service and you have received treatment for them throughout the years.

Of course, you know the VA - they might get into a whole game of arguing that the SMR says the headaches were vascular; not tension - so they aren't related to your anxiety - and totally ignore that they started in service and have continued through the years. So you will have to decided if putting an extra dot in there for them to connect would be worth it.

Anyway -- some POSSIBLE suggestions for parts of the letter:

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

This is not an NOD. However, this is a letter following up on my unadjudicated claims that are still pending before the VA at this time. The claims that remain unadjudicated are my claim for headaches and my claim for TDIU.

On my claim for headaches I 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.

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

I am submitting the TDIU form that was sent to me to further assist in adjudicating my claim for TDIU.

I am requesting TDIU with the Effective Date being the date that I first submitted evidence of a medical disability, made a claim for the highest rating possible, and submitted evidence of unemployability to the VA - as under Roberson vs. Principi, once those requirements are met “the “identify the benefit sought” requirement of 38 C.F.R. § 3.155(a) is met and the VA must consider TDIU.”

As the VA did not send me the TDIU form until ____, though they have had evidence of the above for a substantial number of years, and as I am submitting the TDIU form within ___ from the time it was sent to me, I expect my TDIU claim be awarded to the earliest possible date the VA received the TDIU claim under Roberson, and not from the date the VA sent me the form.

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. Additionally, I expect the evidence from my service medical records to be considered constructively in my file as of the date of my earliest claim for service connection / TDIU.

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.

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.