tdiu Turned Down For The 2nd Time Tdiu

[oldman273]

Hello I am in need of advise. I am rated at 80% with 60% 30% 10% 10% 10%. I applied for TDIU last year and the VA claim was they "Lost" my file. Well I am at that point to not knowing what to do. If I appeal it to the VBA it will be forever. I want to keep the orignial claim date as I have been working this claim and do not want to loose the orignal date of Claim. I also asked for an increase in rating for my back but that apparently was also lost. I called the 1-800 number and was told today they denied the claim for TDIU. I was actually surprised that the guy gave me the information. My back has went through a lot of changes in 2 years 3 disc are herniated my leg has stoped working on me I have to use the walking sticks. The nerve damage is permanent according to the civ Docs they wanted to try a nerve stimulator as I am up to 3 doses of morphine a day and the stuff makes me really sleepy. I do not drive anymore. I have recently had a nerve conduction test which shows Nerve damage in my left leg (Sciatica) secondary to my sc back. I am pretty sure I will get an increase on the atrophy in the left leg and the nerve damage but the kicker is should I take the chance getting my file sent off to the VBA. Last time it went it took 7 years to get an answer. I sure would appriciate any advice. Not Mad just pissed I am trying to find out the right way to file this. Adiso and have a good day.

[LarryJ]

If all this stuff is "lost", then what do you have to send on to the BVA (I'd keep it out of the BVA if at all possible)?

Did you get a VCAA letter?

What did it say?

Did you get a Statement Of the Case?

What did it say?

Have you filed a NOD (notice of disagreement) with your local Regional Office?

Have you requested a "review" at the local RO?

MO INFO? NEED MO INFO?

semper fi!

[oldman273]

If all this stuff is "lost", then what do you have to send on to the BVA (I'd keep it out of the BVA if at all possible)?

Did you get a VCAA letter?

What did it say?

Did you get a Statement Of the Case?

What did it say?

Have you filed a NOD (notice of disagreement) with your local Regional Office?

Have you requested a "review" at the local RO?

MO INFO? NEED MO INFO?

semper fi!

Thanks I got the news of my denial over the phone it was issued on the 24 still have not got the letter. I was told by the guy reading it to me the claim was denied on TDIU but he did not see a response to the new evidence I had submited. I also do not want it to go to BVA but I am not sure of what to ask for next I think you meant I can ask for a review? If that is so I will gather up all of my evidence with the time and date stamps and make sure they look at this. I should get it tommorow or Wensday. I thought I had my ducks in a row but I cannot answer your question on what it said. Thanks I will post it when I see it myself my have jumped the gun. I had looked up cases much like mine at VA website and thought I had them. Thanks again....

[LarryJ]

Thanks I got the news of my denial over the phone it was issued on the 24 still have not got the letter. I was told by the guy reading it to me the claim was denied on TDIU but he did not see a response to the new evidence I had submited. I also do not want it to go to BVA but I am not sure of what to ask for next I think you meant I can ask for a review? If that is so I will gather up all of my evidence with the time and date stamps and make sure they look at this. I should get it tommorow or Wensday. I thought I had my ducks in a row but I cannot answer your question on what it said. Thanks I will post it when I see it myself my have jumped the gun. I had looked up cases much like mine at VA website and thought I had them. Thanks again....

Who was it that told you of your denial? Did you call them on the infamous #800 number? Or, do you have a Veterans Service Organization representing you, and was it them who called you?

Regardless, wait until you have the "official" letter in hand....then hop back on here with what it has to say.

We can better help you when we have the "official speil", okay?

Meanwhile, hang in there!

[darkhorse]

If they lost your file their duty to assist you in your claim has failed. Do you have a letter or something in writing from the VA saying they lost your file? If so, I would write my senator and send a copy of the VA's letter that they lost your file. This is unacceptable.

dh

Hello I am in need of advise. I am rated at 80% with 60% 30% 10% 10% 10%. I applied for TDIU last year and the VA claim was they "Lost" my file. Well I am at that point to not knowing what to do. If I appeal it to the VBA it will be forever. I want to keep the orignial claim date as I have been working this claim and do not want to loose the orignal date of Claim. I also asked for an increase in rating for my back but that apparently was also lost. I called the 1-800 number and was told today they denied the claim for TDIU. I was actually surprised that the guy gave me the information. My back has went through a lot of changes in 2 years 3 disc are herniated my leg has stoped working on me I have to use the walking sticks. The nerve damage is permanent according to the civ Docs they wanted to try a nerve stimulator as I am up to 3 doses of morphine a day and the stuff makes me really sleepy. I do not drive anymore. I have recently had a nerve conduction test which shows Nerve damage in my left leg (Sciatica) secondary to my sc back. I am pretty sure I will get an increase on the atrophy in the left leg and the nerve damage but the kicker is should I take the chance getting my file sent off to the VBA. Last time it went it took 7 years to get an answer. I sure would appriciate any advice. Not Mad just pissed I am trying to find out the right way to file this. Adiso and have a good day.

[oldman273]

Who was it that told you of your denial? Did you call them on the infamous #800 number? Or, do you have a Veterans Service Organization representing you, and was it them who called you?

Regardless, wait until you have the "official" letter in hand....then hop back on here with what it has to say.

We can better help you when we have the "official speil", okay?

Meanwhile, hang in there!

Here is the response I got from the VA. "Since our last descion The only evidence reviewed was My normal office visits and the fact that I have had several increases of meds for pain and the MRI I had submited before they lost the claim is where I now sit. My combined rating meets the schedular requirement for entitlement of TDIU their rules deicide that no one Doctor has said I am unable to work yet I had a CMP for my heart which had the continued rating of 60% upheld during my last CMP. I am aslo unable to understand why they did not look or ignored the 2 MRI both ordered by the VA that showed a significant change from one to the other. I was also informed that my Employer who I had send in the forms twice last year for the TDIU that without the form I had no proff of being retired. The last day I worked was in May 2001. My SC disability vasular headaches was one of two reasons that I was retired. The other reason was PTSD which in part is an agrivation of the blood pressure problems I have had. I was in the Emergency room several times for Migraines but the VA is attempting to screw me again. Any help or advice would be a big help. As a side note got my EMG test back I have chronic right leg radiocupathy with chronic old damage according to the report. Again any advice I know pyramiding is not allowed but thanks again....

[carlie]

oldman,

If you have received a copy of your latest Rating Decision, please

post exactly what it states in the REASONS AND BASES SECTION.

If you are able to do this by scanning it in as a jpeg and uploading

here as a post - BE SURE to cover or black out your personal info,

like name, SSA #, dates of service etc.... -

if you black it out - do it on a copy - not on your original.

carlie