tdiu Nod,cue And Appeal

[trailblazer]

I was recently denied on my tdiu claim and part of it was my fault. I didn' get the form from my former supervisor before they made the decision. The va said they contacted my former supervisor but he says he never received it and I believe him. They also said there was no record in my file that indicated I had a prescription for insulin. This info is in my private Dr's examination reports of which the va has a copy of which they didn't review. They also gave me a specialized eye examination which stated that I could count fingers at four feet with my left eye . I can't count fingers at two feet. The decision also said that my eyes had improved since my last evaluation and the current evaluation was not permanent. I see my private eye Dr. every six months and there is a lot of difference in the two examinations. Right now I am looking at an appeal, a nod and a cue. Is this the way I should persue this? BTW I take 116 units of insulin a day and they don't have a record. I think I am dealing with retarded people at the va.

[fanaticbooks]

More knowledgeable people will come along, but until then...

What you want to file is a NOD. That means you get put into the appeal process where you have I believe a year to submit evidence for your notice of disagreement.

Once you file the NOD, then the VA usually offers you the choice of a DRO or traditional appeal. Go the DRO since that occurs in your Regional Office which should be faster. If you disagree with the decision by the DRO, you can still choose to send your appeal down the traditional appeal road.

A CUE only happens after all avenues are explored, if I remember correctly what has been written here in hadit. Since we didn't have to do a CUE I am very fuzzy on that step...just know it is not of immediate concern.

NOW, If you have found a bunch of incorrect or unfound information in already submitted documents, you can submit that to the DRO.

When my hubby's original claim was NOT rated correctly, we got a VSO but I did all the work and submitted each decision with all the pertinent proofs that refuted their findings and supported my hubby's disabilities. When we turned the last of these written multi-page reports to the VSO on a Friday, by Monday they were with his negotiator at the VA. By Thursday the claim had been resolved by the DRO. That decision letter when we received it acknowledged all that we had submitted as well as their errors on the original claim decision.

If you go to my website, there is a section about Appealing that offers info on how to write up that kind of report. I created this website following the steps I did to help my hubby. I thought it might help others.

hope this helps.

fanaticbooks

[akwidow]

Yes, I would NOD, and send them the proof that they already hold, along with the date you sent it the first time. You should also site the regulations that support TDIU and how your medical conditions support TDIU.

I sent in 250 pages the last time they denied me...I figured if they couldn't find it the first time, it would be there handy for them the second time.

CUE's to the best of my knowledge are for claims that are already closed (tell me if I am wrong please) and involve legal errors or misapplication of their codes.

Flying from the seat of my pants here - I am an understudy myself.

The Sages will chime in and direct you down the right path.

Never give up!

[broncovet]

A NOD is filed whenever the decision was within the one year appeal period. In the NOD, you have 3 options:

1. DRO Review. An experienced person looks over your claim and makes a new decision. The fastest option (However, if it is denied by the DRO review, you will still have to file a BVA appeal, and you loose all the time waiting for a DRO Review)

2. DRO Hearing. A hearing will be scheduled with a DRO hearing officer where you would be present, for example, to make sure all the evidence is available for the decision maker to award your claim. DRO hearings take a long time because DRO hearing officers are mostly booked up for a year or more.

3. BVA appeal. The most thorough appeal, but also probably the most lengthy. Veterans for common sense says this takes 4 years.

A CUE normally applies only when you did NOT appeal within the one year period after your RO decision.

[Berta]

Can you scan and attach this decision here? (Cover the personal stuff)

More and more I seem to see a basis for asking VA to CUE their own decisions as soon as they arrive in the mail.

Or to ask for a reconsideration. None of these tactics stop the NOD year filing date0 the NOD MUST still be filed within one year after the denial- but often these tactics can bring a better response before that year is up.

I got my FTCA check in the mail yesterday-this resulted from asking them to CUE themselves about 9 months ago -I made no NOD and no reconsideration request on this but I had the regs at hand and sent them and rattled them off to VA every chance I got-specifically noting the exact regs in the request I made that they CUE themselves.

This can work if they make legal errors or -if you have prime evidence of TDIU that they failed to consisder ,it could be submitted with a reconsideration request instead.

I bet they deliberately never even sent the employer the forms and this gave them a way out to deny.

But still if we can see the actual denial- we would have better way to assess the approach you need to take.

[trailblazer]

Berta here is the decision the va made on my tdiu application.

[blanco63]

Ask for a reconsideration. I am always telling everyone to do them but most people do not for some reason. The VARO processes them quickly and they have always been successful for me. I haven't done anything but recons. My three increases came from three recons. The last one took exactly 4 months to go from 30 to 50%. Recons = Cash, well, that's my opinion and experience.