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.

[Berta]

"Berta,

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

What I mean is that I assume you get SSA for the same VA SC at 40% you have now-

maybe I am wrong on that and dont have time to read all the past posts.

If a veteran has an established service connected rating and any SC % and then receives SSA solely for the same established SSA condition- this is prime facie evidence of unemployability due to service.

The fact that SSA made this award on your SMRs also indicates that this should be a TDIU or 100% award from the VA.

If the VA is not acknowledging or obtaining your SSA records-you need to do all you can to get them.

Call the SSA office that handled you SSA to see if they will send to you the disability decision, as I assume but could be wrong here too that it will contain an independent medical opinion from an SSA doctor.

I also suggest that you contact you Congressman or woman and ask them to follow up on the VA's attempt to get these records.

If the SSA decision was based on your SMRs it should not be too costly for the copies.

MEDDAC is correct -these records are available to you under the FOIA, Privacy Act 5, USC 552. There is a template here for a FOIA request that I posted here twice-

The VA apparently realises that these SSA records are crucial to your TDIU award.

They are. Even the local SSA office which handled your SSA might well have these records still at their local office.

[deltaj]

Yes, my husband has had a claim cancelled. He keeps trying to raise the issue that a 1971 letter has the wrong zip code on it and V.A. refuses to consider the issue saying earlier decisions have been considered. They keep mailing his claims back to him. Furthermore, in an April 1966 issue V.A. assigned my husband a 10% rating effective in December 1965 for a service connected condition which V.A. determined was incurred peacetime and then in a March 1967 decision made in a wrong name V.A. reversed itself and determined the condition was aggravated Vietnam Era. My thought on this mess is that in the 1967 decision V.A. interpreted 38 U.S.C. 3.103 (on notice to the veteran) contrary to other law because they didn't notify the veteran that they had reconsidered the decision the disability was incurred in service.