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Is It To Late

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willie 74

Question

I was granted 80% back in june of 2009, broken down I have

IVDS-40%

Bladder-40%

Tinnitus-10%

Gerd-10%

Cubital Tunnel-10%

Sciatica-10%

Major depression-50%

I filed for IU and was denied. I did not fight it and I have passed the one year time peroid.

I filed for depression in FEB 2010 and got 50% for Major Depressive Disorder. This brought my rating up to 90%.

I filed for SSD and had it granted in DEC2010 and was reimbursed from Oct 09 which they found me disabled.

My question is can I file for IU again with proof from SSD even after the year deadline?

Edited by willie 74
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  • HadIt.com Elder

Yes you can and get it done.

Use the SSDI decision to support your CLaim for increase.

J

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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Do I just send a statement in support of claim document stating what I want to do?

Do I need to obtain the doc notes from the SSD? Can that be done?

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  • HadIt.com Elder

21-4138 fill it out saying you would like to file for an increase and TDIU.

Get the IOU forms filled out but send the 21-4138 asap. That preserves your time. You still have 1 year to submit evidence so your time limit is OK. As far as the original denial, you cannot pursue it unless the decision contained clear and unmistakeable error.

J

http://www.vba.va.gov/pubs/forms/VBA-21-4138-ARE.pdf

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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Are you saying file an increase for my depression and say I want to try to get TDIU as well?

21-4138 fill it out saying you would like to file for an increase and TDIU.

Get the IOU forms filled out but send the 21-4138 asap. That preserves your time. You still have 1 year to submit evidence so your time limit is OK. As far as the original denial, you cannot pursue it unless the decision contained clear and unmistakeable error.

J

http://www.vba.va.go...21-4138-ARE.pdf

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  • HadIt.com Elder

Are you saying file an increase for my depression and say I want to try to get TDIU as well?

Go ahead and file for the IU. They will treat it as an increase as IU is not a rateable condition, It is an ancillary benefit that is awarded if you meet the criteria and your SSDI decision may do just that. I think it will.

J

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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