tdiu Appeals

[SLEDGE]

Just a quick update on the continuing saga of sledge vs the VA.

I filed an appeal of a denial of a claim in 1985.

That's correct, 1985.

By not being very smart in the workings of the VA and by having multiple claims going at the same time, I was too sick to notice that my 1985 appeal had never been adjudicated.

In a later decision, based upon another appeal with a later effective date for the exact same medical condition with the same medical records as evidence, they granted the 1985 claim that had not been previously adjudicated and assigned the much later effective date.

No new evidence has been submitted since 1979.

So the unadjudicated 1985 claim appeal is still open, to receive the effective date in 1985.

I'm pretty sure this is the difference between 50 percent and 100 percent based upon unemployability.

In my recent past my lawyer decided to study everything that the VA has done in my case since 1974.

This is standard procedure before letting any 'possible' earlier effective dates fall by the wayside due to not pursuing any more appeals.

In other words, before dropping my client status into 'previous client' status, one last look had to be performed by the legal folks.

This reminds me of the C&P appointments that the VA sent me to that only existed in the mind of the person making out the paperwork.

I showed up but, somebody forgot to schedule the clinics.

Which they used to deny my claim.

And the hearing that they canceled in 1996, which they then used as an excuse to deny my claim.

(The Vet never showed up for the canceled hearing.)

I'm back in the Court of Appeals for Veteran's Claims again.

The court had previously mentioned to the VA that they had really screwed-up this case from the word GO.

Which resulted in hardship for the veteran.

I wonder what the 'remarks' section will look like this time?

sledge

[SLEDGE]

"What era are you from? When did you receive your award of TDIU? Did they start out low and then add on over what period of years? Who did you use as your VSO all these years? When did you finally begin your journey with this lawyer?"

Viet Nam.

October, 2002.

No. Started at 20 and went to TDIU all at once.

DAV for over 20 years.

2000. Less than 2 years compared to 20+.

sledge