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Va Messed Me Over

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dittybopper

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OK here is a beautiful mess created by the VA. As earlier stated in a earlier post I had a decided case and put in a request to find status on the case.

The status was the case had been decided upon and was in the notification page. However when th VA in Washington applied a TDIU claim to my file

I find the whole file back in development. So apparently because they filed the TDIU they will put me back at the starting line and I am in development stage. Lord I waited 14 months for the case be deceided and now I hope not but all signs to a new 14 month wait.

Somebody please tell me I am wrong LOL.

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Anytime you add to your existing claim the new issue has to go to development for a VCAA letter. It is not optional, it is mandatory. Once your have your notice it may well go directly back to the rating board. Chances are you will get a C&P exam.

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Anytime you add to your existing claim the new issue has to go to development for a VCAA letter. It is not optional, it is mandatory. Once your have your notice it may well go directly back to the rating board. Chances are you will get a C&P exam.

You can get in online the form is VA 21-8940. you can type it on your printer and send it off. Remember to send proof of unemployment SSDI stuff. OWCP stuff etc and a statement from you could not hurt. If you have a doctor who says you can't work get a letter from him too. Good luck! I hope the grace of God shines upon you.

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My VARO did the same thing to me with one caveat: they rated me at 80% right off the bat (ptsd, major depressive disorder, migraines, IBS, with more in the works) then put the case back into development for IU. If the IU comes through, they will back date it to the original claim (so says my VSO) but the proof will be in the big brown envelope. It made sense to rate me on what they had while they gather information for the IU claim.

Apparently this is not a standard policy or you would not be writing the apparent backward shift in your claim.. Maybe my VARO has an internal policy, maybe the person who rated my case is just being generous (and smart), or maybe I just got lucky. I would think that your VSO, if you have one (and you should!) could ask (push, shove) your VARO about this. They sent me back for two more C&P exams, one with a medical doc and one with a shrink. Once they got the reports back from the exams, my case moved back into Decision Phase pretty quickly. My VSO says she expects a decision as soon as 30 days.

Hang in there. Hopefully things will happen for you soon!!

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  • HadIt.com Elder

Ten years ago I got a rating for 70% for a single MH issue. The VA denied TDIU for some crazy reason. I had already filed for it before I got 70%. I don't believe my VARO would have inferred TDIU if I had not claimed it. My VSO told me not to ask for it. It took an extra year to get it. My experience has always been that you must ask for what you want because the VA won't do their jobs otherwise. My agent orange exam identified three AO issues. Do you think the VA would have inferred these issues as claims? Hell no! I had to file for each one and then appeal. This cost me time and money.

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My VARO did the same thing to me with one caveat: they rated me at 80% right off the bat (ptsd, major depressive disorder, migraines, IBS, with more in the works) then put the case back into development for IU. If the IU comes through, they will back date it to the original claim (so says my VSO) but the proof will be in the big brown envelope. It made sense to rate me on what they had while they gather information for the IU claim.

Apparently this is not a standard policy or you would not be writing the apparent backward shift in your claim.. Maybe my VARO has an internal policy, maybe the person who rated my case is just being generous (and smart), or maybe I just got lucky. I would think that your VSO, if you have one (and you should!) could ask (push, shove) your VARO about this. They sent me back for two more C&P exams, one with a medical doc and one with a shrink. Once they got the reports back from the exams, my case moved back into Decision Phase pretty quickly. My VSO says she expects a decision as soon as 30 days.

Hang in there. Hopefully things will happen for you soon!!

sleeper,

This is what the VBA is supposed to do - no special internal policy involved at your VARO,

Just someone doing what they are supposed to do.

The difference is that your claim must have met the specific percentage's required for the

decision maker to infer IU.

They did what they were supposed to by granting issues on what they were able to, with the evidence of record

and then move onto any inferred issues after doing the above.

JMHO

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