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Question About Nod

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Woody7810

Question

On april 12, 2009 my claim for TDUI was denied because I was able to work. Since that decision I lost my Job.

On March 31, 2010 VA received my NOD for unemployability. I applied for Voch. rehab. and at my group orientation on May 5, 2010 I was going to be refered for ILP.

July 12, 2010 the Rehab Counselor sent me a letter which reads; Your Service Connected Disabilities have contributed to impairment to employment. However, I have determined that you will not benefit from an employment outcome. Your doctor has indicated that it is not in your best interest to work and you have made that decision as well. This letter was put into my file and sent to my DAV rep.

My DAV rep ask for a DRO review and the VA dated this on July 14, 2010.

I received an IRIS response and it states all of these dates, but, also says my NOD has not been reviewed. It has been 8 months, Will this be a long fight for me?

The reason I ask, I saw a recent IG inspection report done on this regional office in June 2010, and it states the average length of time for the receipt of a NOD to an SOC is normally 127 days, which is better than average across the nation which is 208 days.

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"July 12, 2010 the Rehab Counselor sent me a letter which reads; Your Service Connected Disabilities have contributed to impairment to employment. However, I have determined that you will not benefit from an employment outcome. Your doctor has indicated that it is not in your best interest to work and you have made that decision as well. This letter was put into my file and sent to my DAV rep."

This is prime facie evidence of TDIU.

Make sure that you send this -with proof of mailing-Attention to and then use the initials that appear in the upper right hand numeric code of the last letter you received from the VA.

Get your vet rep to make sure they consider this evidence ASAP.

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Woody,

My guesstimate is you still have about a 6-12 month wait before you

get any answer (SOC) from a DRO De Novo Review.

As other's have stated - get this VOC REHAB info in now so it

hopefully might get some consideration in the review.

I'd be sure to get proof of submission.

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Thank you for your suggestions.

I know the letter is in my claim folder becaused last month I went and viewed and received my complete C-File.

( Past few weeks I have been trying to organize this monster package the va sent me which had my folder in it . )

Last month after talking with the service manger my claim got moving. The VA sent a letter which stated what they had done, requested my SSDI records and if I had any info to submit to them. That is when I re submitted. Forms......... VCAA, VAF 21-4142, VAF 21-4138, VAF 21-8940, SSA award letter,and, Chapter 31 award letter, To my DAV office to ensure the VA received what they asked for.

I am still puzzled why e Benefits states a decision has been made, and My DAV office is telling me it is in the Judicial Branch I quess under review?

I quess the VA do what they do because they can do what they do. BUT MEDICAL EVIDENCE SPEAKS FOR ITSELF!!!!!!!!!!!!!!!!!!!!!!!!!!

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I am still puzzled why e Benefits states a decision has been made, and My DAV office is telling me it is in the Judicial Branch I quess under review?

ebenefits is not yet what it's supposed to be.

Give it another 4 or 5 years.

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