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I am doing this in seperate thread in case a newer person is searching for this answer--I need the answer---Or guide to where I can find the info easily.--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- I was denied IU officially 12/19/2007-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------DO I NOD filing additional medical evidence or file an appeal. I would rather file for a new claim then to appeal-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------What is the timeframe to file for a NOD-----DRO-----Appeal? What is the 60 days after your decision is rendered referring too. Thanks Ruby

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  • HadIt.com Elder

I sure wish I could help you Ruby, but we all know that I

have so little knowledge of the VA regulations.

I wouldn't want to steer you in the wrong direction,

but did want you to know that I do think of you a lot.


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Ruby, you have one year from the date of the denial to file a Notice of Disagreement. You can also send additional evidence with the NOD. If you file this as a new claim, you will lose your earlier effective date. I've never been clear on the 60 days-thing either, but if it were me filing a claim, I'd fight for that earlier effective date, especially since you were awarded SS disability, right? I can't remember what your effective date on that is, but if it's approximately the same as your TDIU effective date would be, that should bolster your original claim, I would think.

You can ask for a Decision Review Officer to take a look at the denial, but I personally think, at least in my state, this is a waste of time. Others have had better luck with the DRO process than we've had, but that's your decision.

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I filed my SS in Jan 08 I was offically approved in April 08- I quit my part time job Dec 5, 07--Denied IU Dec 19, 07. I don't think they were aware that I quit my job as I didn't think my SC issues was at the level of disabling. However I based that on the fact that no one could tell me why I had severe headaches, pain and numbness in my arms, it is well confirmed now as a result of the MRI that I have severe spinal cord compression, which is causing all these problems, no one ordered an MRI until now when I kept saying something isn't right, I am having more and more pain with raising my arms and they are weak.----------------------------------------------------------------------------------------------------------

Does this help on how I handle this claim? If I NOD and its negative result can I withdraw my appeal and then file as a new claim?

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You can always file a new claim with new and material evidence, but you run the risk of the VA determining the evidence is either not new or material, and then denying it again. If the evidence is new and material, and this is a new claim, you might get an approval, but you lose your earlier effective date.

What is the nature of the evidence you have to add to your TDIU claim? Is it a new MRI, or your social security award? A new IMO?

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The VA should have told you somewhere in the denial why the evidence was lacking. You haven't appealed it yet, so I'm assuming you have not yet received a Statement of the Case, which should provide you some detail (or possibly grounds to find where the VA has violated 38 CFR).

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The VA should have told you somewhere in the denial why the evidence was lacking. You haven't appealed it yet, so I'm assuming you have not yet received a Statement of the Case, which should provide you some detail (or possibly grounds to find where the VA has violated 38 CFR).

The denial is I didn't fill out the paperwork and they determined my sc disabilites were not extra secular which warrants IU. The new evidence is the MRI. I only had xrays before which showed minimal to no arthritis in 06. I also have the SSD.

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