ptsd Tdiu

[UsmcSGTVet]

This is my first time posting on this sight so if I'm doing it wrong just let me know.

I am in need of a little insight and guidence. My claim for TDIU was submitted in on October 6, 2010 to the Pittsburgh RO. (16-1/2 months and counting) As of September 23, 2011 it has been with the rating activity. At my Comp exam for TDIU the doctor stated that my PTSD, Shoulder dislocations, and Buldging disks are "At least as likely as not render him unable to secure and maintain gainful employment." Has anyone had similar wording or anything they can tell me about the outcome of such wording? Also is almost 17 months normal for TDIU claims in Pittsburgh?

PTSD- 50%

Right shoulder dislocations- 20%

L4-L5, L5-S1 - Buldging disks- 10%

Neurologic involvement lefter lower extremity- 10%

Hiatel hernia- 10%

70% Total

[UsmcSGTVet]

May 2009 is my effective date for 70% which was awarded November 2010 because I won the appeal. In october 2010 I applied for TDIU which is still awaiting decision. Since I became eligible for TDIU in may 2009 wouldnt that be my retro date?

http://www.va.gov/vetapp10/files1/1002992.txt

http://www.va.gov/vetapp07/files2/0709818.txt

[cooter]

It would start the day you filed for TDIU. Question, how do you know you qualified back in May 09?

Coot

[Philip Rogers]

They will probably use the Oct 2010 date, as you didn't appeal the 2010 award. The TDIU claim is a claim for increase, not an appeal of the previous award. When they awarded you 70% combined, they had a duty to consider TDIU and if they didn't "you may or may not" have a CUE, which would bring the 2009 EED. They "could" go back to 2009 but usually don't. jmo

pr

[UsmcSGTVet]

Is there a form that can be submitted to get a copy of my claim folder. Not C-file but the actual folder that contains the evidence that sits on the rating officers desk? I want to see everything the rater sees and make sure they have all the evidence and all other pertaining documents in support of my claim.

[cooter]

What your asking for IS the c;file. The c;file is also called "claim folder/file" cause that's exactly what it is. It contains all your claims and medical evidence from the past to the present. Also, don't be confused thinking all your medical files are attached with it, it's not. That would be a different request.

Something else to think about to. Since you have a claim for TDIU that's been adjudicating since 10/2010, JMO, but it would be foolish to request your C;file now because it will be taken from it's place in the pile to be copied and then returned to the same pile and stuck in the bottom therefore losing it's place in turn, thus adding more time in the system.

Now on the other hand, if you wanted to know if your file had a certain part of evidence that maybe is bothering you not knowing, I would suggest you send another copy of it and request to have it added to your c;file as evidence. I would only suggest this if it's only 1 or maybe 2 different copies because the raters frown at double paperwork. JMO..

If you still want to request a copy of your c;file, hopefully not, just fill out a 21-4138 requesting a full and complete copy of your c;file under the Freedom of Information Act. Be sure to sign it, and also to expedite the request, write on the outside front of the envelope "FOIA Desk".

Coot

[carlie]

cooter,

I agree that if there is pending adjudication I probably wouldn't request

a copy of the file at this time

BUT

I think the OP is also wanting copies of internal VBA paperwork that usually does NOT

come with a vet's copy of the cfile.

Things like:

the blue sheet

C&P request with instructions

Control and Award Document

etc...