tdiu Varo Requesting Ssa Medical Records They Used To Make Decision

[allan]

I won a partial award last May 2009 from the BVA for my shoulder.

It was remanded back to the VARO for rating. The RO rated in Feb 2010, 10% for osteoarthritis and 10% for pain and gave a combined of 10% retro back to 1995 after deducting Pension benefit payments.

After that they ordered a C&P to determine what the total degree of disability was for the shoulder in March 2010. The QTC examiner order an MRI in April 2010, after determing I have rotator cuff syndrome & limitation of motion.

In May 2010 the RO ordered another C&P to re-evaluate "all" my ratings i've had since 1995.

Now they say the claim could be held up for some time while they wait on the SSA dept to send all their medical records they used to determine my SSA disability.

This is the second time this same VARO has done this. Back in 2000, a DRO ordered the same records and held the claim up 18 months until I sent in a letter from the SSA stating those records were destroyed due to how old the file was.

Question? Why are they doing this again ? I filled out a TDIU form. Could it be due to the TDIU claim?

Also, should I send in a copy of the SSA letter I sent the DRO in 2000, stating my SSA records were destroyed by them or wait?

Thanks for any replies.

Allan

Edited July 16, 2010 by allan

[Notorious Kelly]

Allan,

Definitely be proactive and send the letter about destroyed records and that you've been thru this (Always be polite and professional in your wording)

That may be a good sign that RO wants re-evaluation. In any C & P's be sure to state and provide any evidence on how your conditions have worsened.

Even better are statements by doctors saying "Condition likely to worsen with no chance of improvement"

I wish you well!

[allan]

Thanks for the reply and advice. I'll get the SSA letter sent in to the RO today.

I noticed the examiners did find my SC conditions worsened. Whether or not that will make a difference in rating is anyone’s guess. Theres this way of adding 10+10+10+10+10+10+10=0 with VA math. Everything seems to be combined, not added.

Allan,

Definitely be proactive and send the letter about destroyed records and that you've been thru this (Always be polite and professional in your wording)

That may be a good sign that RO wants re-evaluation. In any C & P's be sure to state and provide any evidence on how your conditions have worsened.

Even better are statements by doctors saying "Condition likely to worsen with no chance of improvement"

I wish you well!

[SLEDGE]

I know our records are lost or destroyed regularly by many different VA jerks.

WHEN did that practice become legal?

sledge