tdiu Did I Just Start My Tdiu Claim Over From Scratch?

[ferris7060]

Started TDIU claim August 12, 2010. Had C&P's very quickly. Decision phase by Feb, 2011. Two days before claim hit 1 year mark it was sent to Buffalo. They immediately out it back in Development. I got a letter from them JUST like the letter I got when my claim first started.

We have recieved your application for benefits. It is our sincere desire to decide your case promptly. However, as we have a great number of claims, action on yours may be delayed. We are now in the process of deciding whether additional evidence or information is needed. If we need anything from you, we will contact you, so there is no need to contact us in the meantime.

This sounds like I was put at the bottom of the pile in Buffalo, like I just started the claim? Is that how it works? Should I be expecting another entire year or more, or do I get some priority because I'm a year in, already sent everything they asked for, and had my C&P's. They should not be able to send a claim back to development without stating what is it the claim was missing in order for them to make that decision. Where Buffalo has never seen my case, do they just start over from scratch? Is there any way to contact Buffalo to see what they have and what they do not? I sent in several things (through my VSO) that eBenefits show as never arriving. But the 1-800 can see them.

Sorry so many questions, I just feel right now like I am missing something, and once they make that decision, nomatter how stupid their mistake, it will still take me FOREVER to get it straightened out.

[john999]

I don't think they are starting your TDIU claim from scratch unless they don't like the C&P exam results, or want more evidence from your former employer. If you could find out if they are waiting for anything you might be able to supply it yourself. Believe it or not the VA held up my claim because they said they did not have a current DD214 for me. I had been SC'ed for 30 years. Then they said they did not have proof of my last day at work. I got that information them, and I supplied a copy of my DD214. This probably knocked off a year from my claim. What is your current rating percentage?

[ferris7060]

Thanks for the reponse. I'm at 70%. <li style="display: list-item;"> Raynaud's Phenomenon <li style="display: list-item;"> migraine headaches <li style="display: list-item;"> degenerative disc disease C5-6 <li style="display: list-item;"> bipolar disorder with depression and anxiety associated with Raynaud's Phenomenon

I'm sure they don't like my C&P, the doc stated in it that "It is as least as likely as not" that I would be unable to hold a job due to SC disabilities. I have another C&P from two years ago that said the same thing (different doc). I was awarded SSDI for SC disablities alone and all comments from the judge for granting it were direct quotes from my VA records or VA docs. The SSDI judge granted that I was unemployable since Sept 5, 04' which was my ETS date from the Army (medically discharged). How do I find out what exactly sent me back to Development, so I can get whatever it is to them. Nobody that I have contacted is any help to me at all. My VSO never returns calls. I've called maybe 5 times since opening my claim a year ago, she only called back once and that was because I finally had a melt down with her secretary (after calling 3 times one month with no response). I have been relatively calm during this wait, but it is starting to really get to me the way VA has no accountability. Its age old, I know, but that doesn't make it easier to deal with. I just don't think I have another "calm" year in me. I know I should grab a fishing pole, but I'm starting to daydream about hooking a 1-800# rep with one instead. kidding...kinda.

[hulamatt]

Thanks for the reponse. I'm at 70%. <li style="display: list-item;"> Raynaud's Phenomenon <li style="display: list-item;"> migraine headaches <li style="display: list-item;"> degenerative disc disease C5-6 <li style="display: list-item;"> bipolar disorder with depression and anxiety associated with Raynaud's Phenomenon

I'm sure they don't like my C&P, the doc stated in it that "It is as least as likely as not" that I would be unable to hold a job due to SC disabilities. I have another C&P from two years ago that said the same thing (different doc). I was awarded SSDI for SC disablities alone and all comments from the judge for granting it were direct quotes from my VA records or VA docs. The SSDI judge granted that I was unemployable since Sept 5, 04' which was my ETS date from the Army (medically discharged). How do I find out what exactly sent me back to Development, so I can get whatever it is to them. Nobody that I have contacted is any help to me at all. My VSO never returns calls. I've called maybe 5 times since opening my claim a year ago, she only called back once and that was because I finally had a melt down with her secretary (after calling 3 times one month with no response). I have been relatively calm during this wait, but it is starting to really get to me the way VA has no accountability. Its age old, I know, but that doesn't make it easier to deal with. I just don't think I have another "calm" year in me. I know I should grab a fishing pole, but I'm starting to daydream about hooking a 1-800# rep with one instead. kidding...kinda.

Honestly there is no way of knowing whether you have been put back to the pile or not. If it starts to seem longer than normal or what should take place for you contact the 1800 number and your senator and let them know that this has been going on for a year without a decidion. This is what i have done for mine, i am applying for SC schizophrenia, and the only thing holding me up is my discharge, it is bad because i went awol(due to the schizo) and it has taken a year just to determine if they are gonna accept me as not mentally competent at the time of discharge or act, or not. they have missdated my request into my discharge by a year, and they are saying that it is the only thing that is holding up my claim, it takes 30 mins to look at my records and see what was going on at the time to see that i was mentally disabled, yet i am here a year and a couple months later still waiting, talked to my VSO they dont know **** even though they are the DAV they say its normal, the 1800 number guy sent an email to the RO saying this is taking way to long to determine thisand that the dates are way off, and my senator is currently looking at this, so if something isnt done within 30 days im going to walk into the DAV and they are going to have it, they are a halway down from the decision makers and yet they cannot help, its rediculous, if they are going to deny me thats fine, id just like to know now, so i can hire a lawyer(can't in the initial phase) that way i dont have to do it alone, and have someone that helps me because honestly the DAV is **** at least in my RO

-hulamatt

[jbasser]

I saw this happen a couple of times before. They were ready to award a claim and pulled it back at the last minute. Both of these claims had inferred issues on one claim it was awarded but the claimant did not receive his requested IU. He was Given 100 percent schedular. His wait was worth it. The extra 60 days or so. The other one never reported the final outcome.

Basser

[JT24usn]

If you filed in august 2010 you may fall under the new IU guidelines where they have to address all sc conditions as an increase due to TL 10-07. Initially I would guess your Letter regarded just IU and nit your SC conditions? If so, they would have to send out a new letter. Also, sorry to say, it may require a couple mire exams even though your general medical exam was done. With it being least as likely as not able to work, maybe the rarer will use his brain and just rate it after your new letters 30 days are up. If you have a copy of your exam check and see if it addresses your physical and sedentary employment. Jmo

[john999]

I would go to the VA official site and email them. Ask them all your questions. I see no reason why they are delaying your IU. They do often send claims from VARO to VARO to finish them off, but in your case the decision seems obvious.

You really should be IU from 2004. Maybe this is what they are trying to determine since you had SSDI form 2004 you had an inferred claim for IU.