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Tdiu - Any Ideas

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SSGmajik

Question

I wanted to see if anyone had any suggestions/comments on my TDIU claim.......

I filed for TDIU in 10/08/2010 b/c of recommendations by 2 Neurosurgeons (non VA), my primary care doc, & my pain management doc (both VA) & the 24/7 pain that i am in. I am currently rated at 70% & my service connected injury to my back plus secondary conditions have deteriorated to the point that I can no longer work. I was medically discharged in 2005 and my condition has continued to only worsen since my injury. I can't understand why my claim has been considered ready to rate since 05/12/2011 & according to the VA it has never moved down to "gather evidence" & then back to ready to rate, which obviously slows the claim down, but since it has not done that I can't understand why it is taken more than 3 times the average once it is ready to rate. I tried a congressional inquiry, but that was useless, b/c all they did was again give me the current status. I made an inquiry request for someone to call me as to why it is taking so long & was told to give them 7-10 business days to call, but once that passed I called & said no one has called & I was told to give it 30 days & then call back & they will assign a "coach" to see what is holding it up. I even tried to file an expedite request based off of financial hardship, but was told that I'm just above the cutoff to expedite it. I don't know what else to do. I would appreciate anyones help, comments, suggestions, experience, etc. Thank you in advance!

SSGmajik

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  • HadIt.com Elder

SSGmajik - you can send them a statement waiving further developement and requesting that they go ahead and rate on the current evidence of record. If you're "absolutely positive" they have all the necessary evidence, this would be a good move. However, if they don't have all the evidence, you could be shooting yourself in the foot. jmo

pr

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SSGmajik - you can send them a statement waiving further developement and requesting that they go ahead and rate on the current evidence of record. If you're "absolutely positive" they have all the necessary evidence, this would be a good move. However, if they don't have all the evidence, you could be shooting yourself in the foot. jmo

pr

Thank you Phillip I will look into that. I was told by the VARO they had all the evidence they need to make a decision, but you never know. I sent them all my private docs records & the rest is all VA records. I made copies of everything I sent them along with a deliver confirmation. I'm 99.9% sure they have everything they need, so I will look into sending them a statement to proceed with a decision. Thank you for your help.

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  • HadIt.com Elder

If you can go to the VARO you can see what evidence they have and discuss with a VA Counselor. I am amazed at how few Veterans take advantage of being able to do this. I found them helpful when I did the same thing.

Good Luck

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@SSG - I 2nd what Phil says if u r 100% sure u they have everything then go ahead and ask them to give you an expedited discussion base off the current information they have. I myself had to put in 2 congressional inquiries in just to have my file push along...now I'm in the Notification stage.

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