Dro Closed Case (W/in 2Months)

[twresamarie]

so i now have everything rite infront of me

dec 07

filed for increase for back/knee/ and IU

aug 08

they increased the back and knee, IU denied b/c you have not been found unable to secure or follow a substantially gainful occupation as a result of s/c disabilities. was only increase to a total of 60%. (40 back, knee 20) they didn't grant extra-schedular (i think b/c only 2yrs out of work, and 8m out of school chp 31 at that time)

oct 08

filed for secondary s/c for hip and other knee strains

oct 09

granted using c&p exam feb 09 (hip/knee) doc suggested using a cain. now met schedular, no earned income, no school.

oct 09

filed for just IU

apr 10

denied: but they say 'REMAINS' denied. my claim for IU was considered REOPENED. but denied b/c the evidence does not show "the the claiment is unable to secure or follow a substantially gainful occupation as a result of s/c dis."

(i dont think this makes sense)they go on to say

you meet the schedulat req. for this benefit but the evidence of record doesn't show (same as above)

:EVIDENCE:

notification from SSA dated apr 10

misc medical treatment reports submitted by me from aug 05 to jan 07 (remember this was denied once again in 2009_lol)

my fm 21-8940 oct 09

rating decision oct 09 (WTF)

apr 11

filed NOD with copy of the form my CPC filled out for SSDI, now aint that funny...lol

jun 11

"we received your appeal election form indication anotice of disagreement for back condition, (say what) the records show the VA rating dated aug 08 and the notification of this decision was mailed aug 08. you have one year from the date of mailing the notification of the decision to appeal. when the time limits expire, the decision becomes final. (duh) No further action will be taken on this appeal.

so where in the hell did my back come into this is what i am wondering.

letter gen. shows what i would be getting at 100% IU dated for the day after my child was born.

what is going on with these people?

does anyone have a clue

how did my case get reopened?

[Berta]

I replied under the other post you made regarding if this was a CUE.

to add:

"how did my case get reopened? "

When a previous denial has gone beyond the appellate period, a claim can be re opened with new and material evidence.

It appears you requested to reopen your claim by filing for TDIU.

I suggested that you scan and attach the denial here to a post (cover the personal stuff)so that we can determine if the claim was denied due to lack of new and material evidence or if they missed any critical evidence of TDIU.

I asked a few questions in your other post.

On the TDIU form did you expand under # 25 Remarks and tell them of any side affects of your SC meds that would hinder employment and tell them of any Other factors they needed to consider such as why you left school under Chapter 31?

(side affects of meds could even affect any educational program.)

I asked regarding the SSA you applied for too in your other post.

[twresamarie]

I replied under the other post you made regarding if this was a CUE.

to add:

"how did my case get reopened? "

When a previous denial has gone beyond the appellate period, a claim can be re opened with new and material evidence.

It appears you requested to reopen your claim by filing for TDIU.

so after we reached the schedular req. and filed with new paperwork, they could reopen the old case? if that be what they are doing, do they have the rite to close out the old case and only grant the new one (this is what seems fishy to me i think)

I suggested that you scan and attach the denial here to a post (cover the personal stuff)so that we can determine if the claim was denied due to lack of new and material evidence or if they missed any critical evidence of TDIU.

they didn't write any more then what i wrote in the first post, that is it word for word....thats why i felt it lacked something.

I asked a few questions in your other post.

On the TDIU form did you expand under # 25 Remarks and tell them of any side affects of your SC meds that would hinder employment and tell them of any Other factors they needed to consider such as why you left school under Chapter 31?

simply put the form that i was still disabled

(side affects of meds could even affect any educational program.)

I asked regarding the SSA you applied for too in your other post.

i have gotten a lawyer for the SSA also, due to both my cases being denied w/in two months i am in awe!! these things normally take years....lol