tdiu Copy Of My Nod Any Advice?

[majrrich]

This is a copy of the NOD that I prepared. Denied IU

Please accept this Statement as my Notice of Disagreement (NOD) with your decision which denied my claim for increased compensation due to Unemployability dated Jul 8, 2008

I am requesting a DRO review of your denial.

i disagree with your decision for the following reason:

You stated in your lasrt paragraph"Our letter to you dated Jan 9,2008 requested that you complete and return VA Form 21-8940, Veterans Application for Increased Compensation based on Unemployability) to date, we have not received it. Therefore, we have denied your claim as the information requested was crucial to our decision."

The first time I sensdt Form VA 21-8940 was on July 9, 2007 it was received at the VARO on Jukly 11,2007. I have enclosed a copy of the return receipt from the USPS signed by -----Dated Hyly 11,2007

The second time I sent VA Form 21-8940 was after I received your letter dated Jan 9, 2008. I have enclosed a copy of the return receipt from the USPS signed by-----dated Jan 31,2008.

I do realize that at times items get lost. So I will re-submit my evidence to support my claim which was never considered including a NEW VA Form 21-8940.

Since it appears the reason for denial was the absence of the VA Form 21-8940. I hope that once you have the required information you will reach a favorable decision for my request for Increased Compensation due to Unemployability.

I have enclosed the following New and Material Evidence for your consideration

1. VA Form 21-8940 with statements attached

2. VA Form 21-4192

3. letter from ------ my former customer

4.Declaration from Wife

5. Letter from ------ L.C.C.W.,B.C.D. and Dr. -----M.D.

6 Copy of return receipt dated July 7, 2007

7Copy of reurn receipt dated Jan 31, 2008

What do you think?? does it sound OK

Thanks

Rich

[fogcloud]

Rich,

I don't have any expertise behind me, but your NOD looks quite similar to mine. The deference is two-fold.

1. I asked for a "de novo" review from the DRO which means that you want all evidence from the beginning to be reviewed and any new evidence to also to be taken into consideration.

2. I asked for a "face-to-face" meeting with the DRO. This will not be the same RO that made the orginal decisio,

Thank goodness for "return receipt reqested". Others will add more or correct any errors I have made, but all-in-all the NOD looks good. Good luck and remember "de novo review.

Fog

[rentalguy1]

I think it is good. All you need to do is run a spell check on it. I would ask for a De Novo review, also. I don't think a face to face is necessary, though, since the only reason you were denied was that they did not have the IU form.

[Berta]

I agree this is good and I dont think you would need a hearing-that would hold it all up even more-

is there any way that you ypurself could get a statement from your employer?

Most vets dont want to ask for this type of statement- and most employers think the vet might try to sue them under the ADA but still-

in some cases -maybe an employer would be willing to state to VA that your SC disabilities affected you negatively in job performance.

then again maybe best to make sure they get the VA form-fill it out and return it to VA.

Under FOIA I got a statement that was dynamite as to my husband's PTSD on the job.

They released it in error.

Years later the woman who signed this statement told me she didnt even know who Rod was and could not recall the incident.

Rod didnt remember it at all but said he must have gone off for them to make this statement to the DOL.The employer said his temper oputburst had created a hostile environment.

Funny thing the EEOC awarded him discrimination claim and wages under the ADA laws.

I think the EEOC knew the whole statement was a lie.

Still one never knows when an employer might be willing to help with a VA claim.Hopefully they will return the info to the VA promptly.

Cripes-their errors (VA) and you have to wait again- what a system.

[Angela]

I think you did a great job. Short, sweet, and to the point.

The same thing happened to me. I had to send in my Form 9 twice before they acknowledged receiving it, but since I'd sent it registered/w return receipt and had the receipts they had signed they had to accept it as timely. Yours will be too.

I agree w/Fog - Thank goodness for return-receipt!

Good luck! Hope you'll let us know when you get your TDIU.

[john999]

I would still try for the personal hearing. My reason being that you get to talk to a living human being. God knows what condition your file is in, and what the VA is doing with your claim or will do with it? Many of these so-called DRO Reviews are just cut and past jobs.

[majrrich]

Berta

I was self employed independent contractor. installing signs. I had only one client Century 21. He wrote a letter stating the reasons he no longer needed my services. i.e. unreliable, argumentive, did not install signs correctly bascially said I was no longer able to work etc.

I stopped working in 2005. I filled out the 21-4192 myself

It was never full time work approx 18hrs a week made approx $400 to $800 a month.