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Tdiu, Reopen A Claim, File For Increase?

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10thFO

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Heres the situation. Come Monday I should have the document in hand by my Psych, stating that not employable PTSD. So with that said. I was planning on filing for the TDIU the same day along with a list of my medications for my back problems and psych as an addition to the PTSD employability isssue.

I also need to reopen a claim that I was denied a couple years ago, but have found the medical evidence in my service records that must have been overlooked, connecting it to my service, and I have additional and new evidence in the form of a cervical MRI to support my claim.

I also need to file for an increase in my severity of my back issues, and now have the MRI's and Nerve Conduction studies, too get bilateral rating for radiculopothy in both legs, previously only rated for Sciaticai in one leg, and will have a IMO to go along with this when I file.

Here are my thougths, but don't want to screw this up. I was planning on filing the TDIU next week. Then go ahead and file an informal claim for an increase so I'll have a year to gather that evidence in it's entirety to cement my case for the other issues I have. Submitting an informal claim won't hold up the TDIU process will it?

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If you have found evidence in the service record pertaining directly to a VA claim that was not considered in the outcome and most likely would have changed the outcome is a good example for filing a cue claim. Since the evidence was in the record and they had the record it tells me that they did not completely review the Service records. This occurs allot. The only thing is getting around the VARO stating harmless error. You should not have to re-open.

Review the decison under evidence considered. If it is listed then they probally just ignored it. If it is not listed than I think a good basis for CUE exists.

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If you have found evidence in the service record pertaining directly to a VA claim that was not considered in the outcome and most likely would have changed the outcome is a good example for filing a cue claim. Since the evidence was in the record and they had the record it tells me that they did not completely review the Service records. This occurs allot. The only thing is getting around the VARO stating harmless error. You should not have to re-open.

Review the decison under evidence considered. If it is listed then they probally just ignored it. If it is not listed than I think a good basis for CUE exists.

JStacy,

Review the decision under evidnece considered? Does that mean I will have to find out specifically if they viewed it? I know the denial said that they had reviewed my SMR's but it obviously states in there on three differnent occassions that I was seen for it by the dr. Clinic, and also Physical Therapy. I truly believe they just overlooked it, but I didn't file a NOD on it in time.

Even if I filed the CUE would that through a wrench into my TDIU? I realize that the CUE would take me back with that pay to the original filing date, which would be nice, but I really don't want to mess up the TDIU as i'm going to have some pretty strong statements for it. Thank you.

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IF you are past the NOD stage then Cue would be your only avenue to pursue unless additional never before seen evidence is presented. I suggest you file for TDIU and await the award and then after getting the award then go after the cue. This would not delay the case any longer than the processing and preparation time for the TDIU. I would definately solicit other opinions from this board.

Thanks

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Guest Namvet6567

10thFO - did the vA consider TDIU when they awarded 70%?? They had a duty to consider it and if they didn't, I'd file a NOD on that decision, enclosing any additional evidence probative to unemployability.

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10thFO - did the vA consider TDIU when they awarded 70%?? They had a duty to consider it and if they didn't, I'd file a NOD on that decision, enclosing any additional evidence probative to unemployability.

NamVet6567, there was nothing stated in my decision about TDIU so I don't believe they considered it. Maybe that's what I'll do with the Psyches letter and the info from my Vet Center counselor, submit them as additional evidence at least that way I'd get the 100% money retroactive back to May '05. I know they didn't consider it, so maybe that is the best avenue of approach. Once I get that straightened out, I'm gonna pursue my other claims with some solid evidence beforehand. Between what I have read here and a book I ordered on the VA claim process, I can see where if I would have had all my evidence in hand in the beginning, it would have made it tougher for them to try and play me off. I realize they can still dismiss good evidence at times, but it makes it more difficult for them, if I've dotted my i's and crossed my t's on the initial application.

Thanks for the suggestion.

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Guest Namvet6567

I'd file a NOD, on the 70%, stating that they should have considered the TDIU issue and since that issue remains open you are requesting a decision on that and I'd list it in the NOD and submit any additional probative evidence you have. I'd also state that you are seeking the maximum benefit allowed.

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