tdiu Ssoc, Question.

[tagandbag]

Question on my ssoc, where they bumped me from 50% to 70%:

ISSUE:

Evalutation of post traumatic stress disorder currently evaluated as 70% disabling.

EVIDENCE:

1. Outpatient treatment reports from, Miami VA Medical Center, from April 2008 through June 2009.

2. Psychiatric review dated September 2008, from the SSA

3. Va form 21-8940, Application for increased Compensation based on unemployability recieved June 2009

4. Social security award letter dated Sept. 2008, recieved together with copies of mpr.

5. Review of all evidence of record.

They are showing here why they came to the decision to award me 70%. By mentioning the 21-8940 as evidence does it mean they are going to award that. It would seem if that is in front of the dro now, he would be considering awarding or denying, before it went to the BVA if he denies it.

t&b

[Berta]

They should be reviewing for TDIU with all that.

They dont seem to move at all on TDIU claims until they get the filled out 21-8940 form.

If they award TDIU with EED as June 2009-when they got the form- and your SSA is solely for PTSD you can ask them to reconsider for the more favorable EED that SSA gave you.

[Berta]

Forgot to ask you tagandbag-

this was a Supplemental Statement of the Case right? Good for you-

Often a vet will fill ouit the I-9 yet not respond to an SOC-but a response can definitely generate not only an award but the SSOC it generates gets more detailed as to what the veteran needs- and this keeps the claim at the regional level longer and perhaps closer to a regional decision.

I always rebutted every SOC I got and through preparation of the SSOC -that is when I succeeded in my past claims.

A SOC response is "optional' per the VA and vet reps dont always have any interest in responding to them at all.

Bit it sure looks to me that when you responded they awarded your higher ratings.

[tagandbag]

Berta, they did respond rather quickly, after my attorney caught them in a lie. This evidence wasn't in my c-file that was on my ssoc, when the dro rated me for 50%. The dro said it was, but the attorney found out it wasn't and still in a mail room. The attorney knew the dro did not review it when he rated me at 50%. The dro finally admitted he didn't look at it and reviewed the evidence then sent out the ssoc, awarding 70%. Also iu has been infered in a few nods in 2008. This has all transpired in about a month. In this past month I have a real different perspective on how this whole process works, especially when it gets to the dro.

t&b

[Berta]

Boy- that is something-

I had similiar situation-

The BVA stated that I had filed correspondence in lieu of a I-9 in January 2006, "Although this was outside the one year period from the Feb 2004 denial and beyond the 60 day peiod from issuance of a SOC in Sept, 2005 -the claimant submitted or caused to be created additional evidence requiring the issuance of a supplemental statement of the case in Dec 2005;, therefore ,the time for perfection of the appeal was extended. 38 CFR 2220.302 ( (2) (2008)".

I dont advise anyone pulling that unless the VA committed a Clear and unmistakable error and you can prove it. The "correspondence "

they mean was my written request of Jan 2006 that the decision be cued by the VA,which it was and this is what generated another DRO review and the SSOC in my case.

I was trying to hold the DRO to her own job description.

But she failed to consider any of my medical evidence both times she reviewed the claim.

The rep I had at the time said he handed her the IMos personally during the second review but she said she didnt know 'how to read them' and would get a VA opinion on the claim.

I asked my rep how would she be able to 'read' a VA opinion

if she couldnt read the IMOs I had.

The IMOs never appeared as evidence until the BVA remanded mentioning them (3 by then)-then they disappeared again at the AMC I guess- I re sent them to the BVA and the BVA awarded.

Past experiences I had with SOCs hopwever were more fruitful as at some point in order to prepare a SSOC they actually did read my evidence.

That rep has been demoted.

[john999]

T&B

I think you are on your way to IU. Yout got 70% and the VA has your application for IU and your SSD for the SC condition. That is pretty good evidence for IU, but you have to wait until you get it in writing. Sometimes the VA turns on a dime to deny or approve a claim. Did you include the doctor's letter you have from SSD in your record to the VA? Is there anything in your SSD records that is not SC? They will pounce on that.

[WHOLESALE]

Looks like your attorney is getting the VA's ball rolling. I don't have an attorney but was thinking about getting one myself. From your experience it looks as though having one really helps. I might consider getting one if they deny my claim for IU. There good at catching stuff we tend to overlook. And their more pro-active than VSO since they only get paid if you win. Correct me if i'm wrong on that though.

Frank

Berta, they did respond rather quickly, after my attorney caught them in a lie. This evidence wasn't in my c-file that was on my ssoc, when the dro rated me for 50%. The dro said it was, but the attorney found out it wasn't and still in a mail room. The attorney knew the dro did not review it when he rated me at 50%. The dro finally admitted he didn't look at it and reviewed the evidence then sent out the ssoc, awarding 70%. Also iu has been infered in a few nods in 2008. This has all transpired in about a month. In this past month I have a real different perspective on how this whole process works, especially when it gets to the dro.

t&b