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.

[sharon]

They may have cancelled the claim because the issue is already on appeal. Therefore TDIU will be worked with the appeal.

[cowgirl]

Meddac, thanks to your reply to livingrock, it also gave me clarity on IU. Claims are serious mind 'work' for the applicant trying to keep it all straight and get the needed results.

There is so much to all this legalize, sometimes its dizzying and the cart does get before the horse at times. As you may guess, this happened to me once on a different claim before I got to Hadit, yer right Sharon. Its hard enough for me to keep up with my claim(s) that are in-work, now I think I am going to paste a status history on the front of each of my folders so I dont forget where I am in the va process. Bronco thats alot of energy ya got there, NSC doesnt apply to me, but may help someone.

Best to ya'all, Livingrock too,

Cg'up2009!

[broncovet]

Meddac... Yes, many of my comments are negative toward the VA. You might be mad, too, if you lost your home because the VA "forgot" 3 out of 4 of your claims.

If you re read what I posted, I did use the words "due to SC conditions", and the exact regulation is very similar to what I said:

(Authority: 38 U.S.C. 501) ( :D It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

Edited March 21, 2009 by broncovet

[Berta]

Livingrock-

"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 has to be straightened out fast-

You can obtain these records yourself and submit them to the VA.

When this happened to my husband-I had to take strong steps to get the SSA records to the VA. They were so voluminous I could not have afforded a copy fee at that time.They were stacked on a doily. The Newark VA who first treated Rod told me he had never been there at all. SSA had at least a foot of the Newark VA records.What VA specifically needs however -I realised -is the SSA medical opinion and dianostic info as to your SC conditions that you got SSA for.

The VA then listed them as evidence but didnt even consider them (SSA for PTSD)

I brought the SOC , the SSA award and even a copy of my husband's phyche records over to his VA psychiatrist. Rod could nopt speak for himself -he was dead by then due to VA medical care.

The doc was very distiurbed that they had disregarded the SSA award as well as his extensive testing results and psychiatric notes.

He said he would write them (VARO Buffalo) a letter.

Three weeks later I was back in his office with the award letter from the VA to thank him.

He was not only one of the best VA PTSD psychiatrists around but also a Vietnam Vet himself.

If SSA made an award solely due to your SC conditions, the VA -in established precedent, must follow through on TDIU*-unless they pull some bizarre rabbit out of a hat-

*Washington V. Derwinski.

[livingrock21]

You know, I've tried getting the SSA records, with no avail.

They said the VA can request my records, and my VSO can, but I can not. Meddac brought to my attention that they have to give me my records though under the FIOAA. So, I need to site that to them, and then get my records.

Berta,

Your saying that I don't have to worry about the medical side of the SSA records, right? Its just SMR's anyway.

[Meddac]

You might be mad, too, if you lost your home because the VA "forgot" 3 out of 4 of your claims.

If you re read what I posted, I did use the words "due to SC conditions", and the exact regulation is very similar to what I said:

broncovet.... You don't know me. You don't know what I have been through. You don't know what happened in my fight with the VA. You weren't there when I lost MY home, vehicle, had to file bankruptcy, ended up divorced, and lost my daughter.

I don't spread my ill will on here. I am here to help, and I am simply pointing out the the constant negativity, "doom and gloom", and what your office has done to you doesn't seem to help. There's nothing constructive in anything you say. I'm not saying that it should be positive, but it should help. It should offer something that otrher members can use in their fight.

Now then, if YOU read what I "quoted" out of your post.... "it is the VA policy to award TDIU if you are not substantially gainfully employed". The VA is NOT going to give you IU just because you don't have a job! They award IU when it is rendered that you CANNOT WORK due to your s/c disabilities. That is a regulation twisted to fit your own mind. With it written that way, any vet could lose their job and claim IU based on the way you see things. Jowever, that IS NOT the way the regulation reads.

I truly do apologize that they won't give you IU based on your s/c condition(s). Don't pretend to thin that you have has the worst battle in history with the VA. Don't pretend to think that you are the only person who has ever lost anything. DO NOT pretend to think that you know someone that you DON'T.

I won't post about your negativity anymore. Blaze on, brother...