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Tdiu, Reopen A Claim, File For Increase?


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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"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. "

Is this the Veterans Benefits Manual by NVLSP?

I have purchased this continuously since the late 1990s- they fill a whole shelf in a little bookcase I have and I cannot live without the VBM by NVLSP-

This came up under Google- from the same vet who just answered you- he is certainly correct-

this might help:

http://www.haditveteransforum.com/165570.htm

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Jstacy, it is my understanding that a veteran has one year to file a NOD about any decision the VA makes, awards, denials etc, since hios award was made in May 2005 he is still within the window to file a NOD, I was told my claim was closed that I had missed a file date, but I kept the date stamped copy I received from the RO office, I hand carry everything and get copies stamped and dated and file away, they had to dig it out and keep working it, that was a year and half ago and we are still playing with it, do you think they will figure out I am not quitting until I get at least part of what I deserve. My wife and son deserve the security that being 100% P&T gives them, mediclal care, a college education for my 14 yr old son healthcare atc, they deserve it.

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Berta,

The book that I got last week was called "The Veteran's Survival Guide" by John D. Roche. It is a little bit dated as in 2002. But I feel that it gives a good primer, and basis for individuals to start. It is not as in depth as the individual information you find on Hadit, however it kind of lays everything out in a neat synopsis, and gives examples and reasons for getting your evidence together before you file the claim, and not waiting for the VA to hopefully do the right thing and get it for you.

I'm reading now, about the retired Dr's and PA's that they have allowed to do C&P's to reduce costs. I most definitely will be prepared for my next claim. I can't wait to volunteer and help some other veterans out as well. I didn't know about the manual you quoted so I'll check into that one too. I'm a reading junkie, one of the few things I get to do with the PTSD>

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