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Nod + Iu

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rockbust

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filed for anxiety in feb 2011. Unfortunatly my VSO disapeared and two IMO plus many supporting docs never got submitted.

Sept 2011 decision for 50% for anxiety & depression

Question 1) do I file a NOD and preserve my file date or file for an increase

Question 2) I have 2 IMO stating my condition is severe and I CAN NOT work. Do I file for TDIU now of wait for the increase?

Also I just read a good training letter from the VA http://www.tftptf.com/Misc/TDIUFastLetter.pdf

If a VA Form 21-8940, Veteran’s Application for Increased Compensation based on Unemployability, or other submission expressly requests TDIU,

this will be considered a claim for increased evaluation in all service-connected disabilities unless TDIU is expressly claimed as being due to one or more specific disabilities. The initial notice letter will provide VCAA compliant information for all service-connected disabilities that are not currently evaluated at the schedular maximum evaluation for that condition.

So this says if I file for IU they will automatically evaluate my current disabilities for the increase.

Further it says that a claim for TDIU will also be raised by the evidence of record and does not require a 21-8940.

Question 3) Will the 2 medical reports stating I can not work along with my prior C&P exam where it is in the report that I state I can not work due to my disability automatically cause a request for IU?

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  • HadIt.com Elder

Anytime unemployability is mentioned the VA is supposed to consider it, however the VA is the VA, so I would file TDIU, now, by filing the TDIU form, as it can only expedite the claims process. I would also file a NOD to protect your EED. jmo

pr

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This is very concerning:

“Unfortunatly my VSO disapeared and two IMO plus many supporting docs never got submitted. “

Philip is right on the money with what he said.

“Further it says that a claim for TDIU will also be raised by the evidence of record and does not require a 21-8940.” This is VA double talk-

what it means is -they Should infer TDIU when the medical evidence warrants it, but it is always best to file the TDIU ASAP.

VA infers TDIU and sends out the 21-8940 form usually when a veteran hits a 70% SC rating.

However many veterans have medical evidence (such as a SSDI award for the same SC disability(ies)or were turned down by Voc Rehab solely due to their Scs making this program unfeasible and these situations are good cause to send them a TDIU form ASAP,telling them under Remarks of the Voc Rehab turn down or the SSDI award.As well as any IMO that finds them unemployable due to service.

As Philip says this protects the earliest entitlement date for TDIU.Waiting for VA to award 70% and then send the form to the vet often saves the VA money, in comp, months of it, that the vet could have had ,if they sent in the form sooner.

“Unfortunatly my VSO disapeared and two IMO plus many supporting docs never got submitted. “

I hope you made copies and can submit them with the TDIU form. If this rep cost you comp by this error, he/she can be sued for negligence in a state court.

In any event this rep should be reported to his boss if he continues to do claims representation for veterans.because this will happen again to other veterans.

This rep should have given you the TDIU form to submit as soon as he knew of those IMOs.mad.gif

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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This is very concerning:

“Unfortunatly my VSO disapeared and two IMO plus many supporting docs never got submitted. “

Philip is right on the money with what he said.

“Further it says that a claim for TDIU will also be raised by the evidence of record and does not require a 21-8940.” This is VA double talk-

what it means is -they Should infer TDIU when the medical evidence warrants it, but it is always best to file the TDIU ASAP.

VA infers TDIU and sends out the 21-8940 form usually when a veteran hits a 70% SC rating.

However many veterans have medical evidence (such as a SSDI award for the same SC disability(ies)or were turned down by Voc Rehab solely due to their Scs making this program unfeasible and these situations are good cause to send them a TDIU form ASAP,telling them under Remarks of the Voc Rehab turn down or the SSDI award.As well as any IMO that finds them unemployable due to service.

As Philip says this protects the earliest entitlement date for TDIU.Waiting for VA to award 70% and then send the form to the vet often saves the VA money, in comp, months of it, that the vet could have had ,if they sent in the form sooner.

“Unfortunatly my VSO disapeared and two IMO plus many supporting docs never got submitted. “

I hope you made copies and can submit them with the TDIU form. If this rep cost you comp by this error, he/she can be sued for negligence in a state court.

In any event this rep should be reported to his boss if he continues to do claims representation for veterans.because this will happen again to other veterans.

This rep should have given you the TDIU form to submit as soon as he knew of those IMOs.mad.gif

i respectfully have to disagree to an extent. after the va awarded me depression as a secondary to my service connected back disability, they deferred IU and i received it 4 months later. the shrink who did my c&p said it would be near impossible for me to every go back to work even in a sedentary job. i never applied for iu, the va did it for me. maybe, i was the lone rare case but it is factual. and i received iu 4 months after my depression claim was approved.

Edited by iceturkee
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I just spoke to a new VSO today and briefly explained my case and he did tell me an increase would be quixker than a TDIU. Why would it take so long for a NOD. I would ask for a DRO.

How long would a DRO take compaired to a increase?

I am in a bad financial way not working for so long and any back benifits would be well needed.

As for my first VSO I did get word recently that he had several operations and is still in the VA center. The org should have had someone take over his work log.

Robert

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