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

[Josephine]

Thanks Free,

I pasted the letter and will send it this way. I look at it this way, the VA will word the headaches to the better for them. The VA rated me at 70% for chronic anxiety in 2005.

If they would pay me back to then, I would shut up.

Who knows anymore what they will do.

Thanks,

Betty

Edited May 27, 2008 by Josephine