Travelboard Judge Decision

[Steppenwolf]

Turned down again. DAV tells me that i have 120 days to ask for reconsideration. i don't see anything in the envelope that says that.

Too many points to rehash but key missing VAMC files are mentioned as found. I have not seen them in 40 years. Who do I ask for copies?

[Steppenwolf]

Thanks Berta. Sorry it's taken so long to get back. i will read the IMO thread.

You asked: " Have you formally filed for TDIU? "

No. My POA has told me that i can not apply for TDIU because 50% does not allow me to file for it until one disability is 70% or two equal 60%. If you know otherwise please explain.

Yesterday i called the 1 800 number and was told that there is no record of a travel board judge decision. i have about three weeks to respond to that decision. Since my POA has bailed on me i'm left with figuring out what to say besides : "I disagree with the judges decision."

The CAVC does not accept new evidence-I assume this is why the claim was remanded for the VA to consider it.

"The judge didn't like the way he said it."

Yes the statement was too ambiguous. We have a specific IMO format here under the IMO topic.

I developed it myself by using the IMOs I had from a doctor who used to work for VA so he knew exactly what wording to use.

"seemed to" is not a medical opinion with any rationale that conforms to VA lingo that they can comprehend.It gives them too much leeway to deny.

If the doc had said "I have reviewed the veteran's SMRs and it is as likely as not his present back problems arise from his documented back injuries in his SMRs.The veteran has had chronic problems with his back since leaving service and "..... here he could expand on his medical rationale.

"Anxiety, mood, and BP disorder" Approved 50% Most service records mention work related problems. All independent letters and reports and VA service records mention Unemployable nature of the condition including a 3 month study at a university which states: "you have not been employed for most of the past 39 years since your discharge from the military" I filed a NOD for 70% based on the unemployable history. I have another IMO stating the same."

Have you formally filed for TDIU?

"Yes to the C&P and Yes i supplied more evidence until my POA would not submit the rest of the new evidence that i had/have."

If you are on remand this has opened the door for more evidence.

If they didnt list anything as Evidence in the decision, it means they ignored it and you can submit it again unless it is redundant.

[Pete53]

Your POA is stupid. If you are 50% and apply for TDIU it makes the VA consider a higher rating.

If you are not working you are not working and the VARO can always grat extra schedular.

[Berta]

Right Pete!

Regardless of SC percentage-if any SC disability(ies) render a vet unemployable by medical evidence then they are eligible for TDIU-if they apply for it.

70%SC triggers the VA to consider TDIU and send the form.

But nothing prevents a vet from applying for TDIU even with no SC at all.

SOme reps are too lazy to help a vet fill out the TDIU form.Or they simply dont know that it is medical evidence that awards TDIU,

I mentioned personal examples of vets before here I know that this worked for.

[john999]

I was 30% when I applied for IU. I got 70% later and IU still denied. Another IMO and I got my IU. My effective date went back to the date when I had 30% and filed for IU.

[Steppenwolf]

Your POA is stupid. If you are 50% and apply for TDIU it makes the VA consider a higher rating.

If you are not working you are not working and the VARO can always grat extra schedular.

My POA is that and then some Pete. They have in reality abandoned me in the middle of my appeal. Attempting to find a new POA has proven near impossible since i was told by the American Legion NSO that "there is an unwritten 'rule' that one service organization does not take on the appeal of a veteran mid-stream..." i asked why and was told: " we won't take credit for the work that another organization has

done ". Maybe that means the screw ups as well as the sucess. In any event, they don't even return my call.

i have an NOD hearing sometime in the future where i was going to argue the percentage. If there is another way of going for the TDIU that i should know about please let me know.

Thanks for your feedback.

[Commander Bob]

Get a lawyer!