tdiu Anyone Ever Have A Claim Cancelled?

[livingrock21]

Has anyone on here ever had a claim just cancelled? No notification to the Vet, they just cancelled their claim? I had a claim for "increase" in, which was for TDIU, and they just flat out cancelled my claim in two months.

[broncovet]

ADD YOUR RO TO THE DIRTY DOZEN LIST FOR THIS:

Yes. This is a "secret denial" and it has happened to me. I think it is illegal, but that does not stop them from doing it.

I recommend you first try the "nice" approach. Send an IRIS email "asking" the "status" on your claim for xxxx submitted on xxxxx. If they respond that the claim was dropped, then ask why this was done.

This gives the VA a "chance" to say.."oops" and we will get on it right away. Dont hold your breath, tho.

Next, send a Statement in Support of Claim..saying something like..I applied on 11/20/07 for x benefit and an IRIS email dated 06/04/08 says that x benefit is no longer active.

If this does not yield any results, then file a

"Special handling request due to mishandled documents" because, if there is no good reason for them to drop your claim without a decision, then you are assuming your claim evidence was shredded.

My guess is that they will never admit to any errors, ever, however, the VA is a big place and there are lots and lots of people there with vastly different attitudes toward Veterans, and hopefully you get a Veteran friendly one. Frankly, this stuff happens a lot, and you have to keep the pressure on them to do anything.

Lastly, you may have to wait until you get a decision on something else, and include this in your NOD.

"I disagree with decision dated 02/17/09 for the following reasons:

Said decision did not address claim made on 11/20/07 for TDIU, but it was dropped, according to IRIS email of 02.27/09..copy enclosed.

This practice is sneaky, outrageous, frustrating, maddening, illegal, and done much more frequently than you think since many Veterans forget, dont keep good records, die, etc. Oh, yes, and there is no accountability for this either. Five years and several appeals later the VA MAY finally give you your money, but they will try to cover up their tracks through shredding of documents first.

Edited March 20, 2009 by broncovet

[livingrock21]

EEErrrr..

I'm pissed because I have a legitimate TDIU claim. SSA granted me SSDI due to service connected disabilities, and based everything soley off my SMR's. Apparently, I've either gotten a lazy VSR again, or they TRUELY believe I don't have a case? lol. I GIVE UP! Not really.. I feel like it though.

Thanks bronco.

That was actually the first thing I did before I posted on here was sent an IRIS. I'll be waiting on a response from them to see what the next step is going to be from here.

Edited March 20, 2009 by livingrock21

[broncovet]

Oh, yes living rock.

The VA often pulls this crap along with lowballing your other claims.

For example, you get awarded 30% depression and you ask for TDIU, and have not had gainfull employment for 5 years.

They "drop" your TDIU request because you dont meet that famous 60/70% minimum crapola. If you read the regulations, it is the VA policy to award TDIU if you are not substantially gainfully employed, AND they are supposed to give you "special consideration" for TDIU if you do not meet the 60/70 requirement but are still not gainfully employed, due to SC conditions.

My experience is they just do not comply with this regulation. My recommendation, if this applies:

Apply for NSC pension, as it is much easier to get than TDIU. Keep trying to get TDIU, but NSC pension may get you by for a time until you finally get TDIU. (NSC pension is about half of what TDIU is AND they "deduct" any other income from NSC pension..but if you have no other income, for heaven sakes take the pension, and keep working on the TDIU..remember that FAMILY income counts toward NSC pension, so if your wife is working, then NSC pension is useless).

The VA will perform a "slight of hand" trick..if they can get you to "buy it". They award you NSC pension to shut you up so that you will forget about TDIU. Remember with NSC pension they are admitting you are unemployed/unemployable, but are contending that OTHER than SC conditions contribute to your unemployability, that is, you are unemployable, but only 30% of this is service connected, so 70% of it is Non Service Connected. However, what you need to do is to try to find out why they say you are 30% SC and "What is the other 70%"...that is, why you are NOT TDIU.

Its a trick to get you to settle for half of what TDIU is..dont let them pull it off. In short, they are lowballing your depression to 30% and then giving you NSC pension, so they dont have to pay the full TDIU. DO NOT LET THEM DO THIS TO YOU. THEY want to to live in poverty.

Also remember this: IF you get SSD and NSC pension, literally you wont get both: REason, SSD income will be deducted from NSC pension and there will be little/nothing left. The "net effect" to the VA is that you will get SSD, and the VA pays you zip. Its an often used trick to get you into poverty.

Edited March 20, 2009 by broncovet

[Berta]

Every comp claim is also a NSC pension claim too- if they dont award SC comp they are supposed to consider the NSC pension-

Something is WRONG here-the VA doesn't "Cancel" a claim -have you asked your rep what this means?

Did you formally send them a 21-8940 TDIU form?

It does not matter as Bronco said what your rating is in order to apply for TDIU.

Did they inturn send you an authorization form so they can obtain your SSA records?

(maybe 'cancel'is the new way to say 'shred' and/or take a EP end product work code- for work they never did.I never heard them 'cancel' a claim)

[livingrock21]

I contacted the VA, and they said the claim was cancelled. So, I turned around and did an IRIS inquiry on this issue.

That's what I'm thinking, there is something drastically wrong here. I can't even contact my VSO becuase he's "out" on fridays.

Berta,

I didn't formally send them a 21-8940, my VSO's the one that put this claim in. This claim had been in for two months, and I didn't recieve a C&P nor did I recieve the "work" form.

Also, they were sopposed to be obtaining the SSA records for my appeal aswell as this TDIU claim. SSA is telling me they haven't recieved any request. This has been going on for two months now.

This is all just so unacceptable.

Edited March 20, 2009 by livingrock21

[Meddac]

livingrock21... I looked at the situation more, and may have an answer for you. It seems to fit the right time-frame. It also coincides with something you mentioned about your SSA stuff. I'll PM you.

NSC Pension is not really even close to half of TDIU. NSC Pension is much easier to get than IU, but livingrock21 will not qualify for Pension. A VSR will turn him down before the claim goes anywhere. He only meets 2 of the 3 criteria. How do I know this? I know it because I have been helping him out as best as I can lately. There is some advice on here, however, that is NOT helping any fellow veterans out. I know the VA has it's negatives, and many at that, but negativity on a board that is designed to HELP veterans isn't going to doing them any good.

If you read the regulations, it is the VA policy to award TDIU if you are not substantially gainfully employed, AND they are supposed to give you "special consideration" for TDIU if you do not meet the 60/70 requirement but are still not gainfully employed, due to SC conditions.

The CFR for IU does not state that "it is the VA policy to award TDIU if you are not substantially gainfully employed". We do give special consideration to veterans that don't meet the schedular criteria. It does not matter that you have not worked in five years... It matters WHY. We get employment reports all the time from employers that say the veteran was fired for misconduct, laid-off for cut-backs, or that the veteran got in trouble with the law. These types of things are generally not making you unemployable due to your s/c disabilities. The opinion of a VA examiner also weighs heavily in the process. A lot of veterans are found to be able to perform "sedentary" work (which means that you don't have to do lifting or much that is physical). Below is the CFR:

§ 3.340 Total and permanent total ratings and unemployability

(a) Total disability ratings —(1) General. Total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation. Total disability may or may not be permanent. Total ratings will not be assigned, generally, for temporary exacerbations or acute infectious diseases except where specifically prescribed by the schedule.

(2) Schedule for rating disabilities. Total ratings are authorized for any disability or combination of disabilities for which the Schedule for Rating Disabilities prescribes a 100 percent evaluation or, with less disability, where the requirements of paragraph 16, page 5 of the rating schedule are present or where, in pension cases, the requirements of paragraph 17, page 5 of the schedule are met.

(3) Ratings of total disability on history. In the case of disabilities which have undergone some recent improvement, a rating of total disability may be made, provided:

(i) That the disability must in the past have been of sufficient severity to warrant a total disability rating;

(ii) That it must have required extended, continuous, or intermittent hospitalization, or have produced total industrial incapacity for at least 1 year, or be subject to recurring, severe, frequent, or prolonged exacerbations; and

(iii) That it must be the opinion of the rating agency that despite the recent improvement of the physical condition, the veteran will be unable to effect an adjustment into a substantially gainful occupation. Due consideration will be given to the frequency and duration of totally incapacitating exacerbations since incurrence of the original disease or injury, and to periods of hospitalization for treatment in determining whether the average person could have reestablished himself or herself in a substantially gainful occupation.

B ) (i) Permanent total disability. Permanence of total disability will be taken to exist when such impairment is reasonably certain to continue throughout the life of the disabled person. The permanent loss or loss of use of both hands, or of both feet, or of one hand and one foot, or of the sight of both eyes, or becoming permanently helpless or bedridden constitutes permanent total disability. Diseases and injuries of long standing which are actually totally incapacitating will be regarded as permanently and totally disabling when the probability of permanent improvement under treatment is remote. Permanent total disability ratings may not be granted as a result of any incapacity from acute infectious disease, accident, or injury, unless there is present one of the recognized combinations or permanent loss of use of extremities or sight, or the person is in the strict sense permanently helpless or bedridden, or when it is reasonably certain that a subsidence of the acute or temporary symptoms will be followed by irreducible totality of disability by way of residuals. The age of the disabled person may be considered in determining permanence.

© Insurance ratings. A rating of permanent and total disability for insurance purposes will have no effect on ratings for compensation or pension.

Edited March 20, 2009 by Meddac