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Claim Closed Waiting On Letter, No Change On Ebenefits

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Feel the need to vent... my claim's for reconsideration and TDIU went from development to decision in 2 days and then skipped notification and jumped into closed, after jumping in and out of development and decision a few times.

I spoke with a rep at the VARO this week and after he got involved it all took off and ended within a few days. I had about a week left before I lost my right to file a NOD, my claim for reconsideration had been at the decision board since Oct 2010 and my NOD date is July 12. He called me once and asked me about claiming other issues that had been raised but I deferred so that a decision could be made that day. I was told that it had been hand walked through the rest of the process but

I got a response via IRIS that my notification letter for TDIU dated June 30 was mailed but I don't see an increase in rating on the verification letters on ebenefits. I also don't see where they have updated the closed claim with the information on why I was turned down or what I need to reopen the claims. I am doing the stomach turning inside out dance and just feel god awful about it all, Nobody will say anything and my VSO's info is weeks behind ebenefits. My claim is for facet syndrome with pain and for 26 years I have been trying to get the VA to recognise the disability rating, they say they never severed direct service connection because they have never recognised it, they even say that the Air Force and DOD recognise my permanent disability today and have for 26 years.

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  • HadIt.com Elder
Posted

It looks like you will need to file a "protective NOD" to keep things alive. It's possible to use general language that says you disagree with any decision that does not award the benefits you are seeking.

Delays that "run the time out" are not too uncommon with the VA.

  • Lead Moderator
Posted

Chuck seems to have it spot on. File the NOD..you can always withdraw it later, if it is unnecessary.

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