westcoastlv Posted May 5, 2012 Share Posted May 5, 2012 Good Day All, Today my veteran received his Brown Envelope today. In 2010, we filed a claim for PTSD, Tinnitus, Hearing Loss, and Elbow Injury. And requested TDIU. The original award was 50% PTSD, 10% Tinnitus and 10% Hearing Loss for a combined total of 60%. That award took one year and one month. We were dissatisfied with the %, so we went to our DAV wanting to file a Request for Reconsideration. The DAV then proceeded to tell us that our State's VARO didn't accept Requests for Reconsideration and that we should just file for an increase, which he did. However, leaving the DAV that morning, I just didn't think that was the right course of action, so, I went home and promptly typed what I believed to be a compelling Request for Recondiseration. Long story short, 9 months later, my husband received the brown envelop. PTSD increased to 70% all others remaining the same. TDIU deferred. The decision letter did not explain why the TDIU was deferred, and stated that there would be a separate letter. I checked E-Benefits and it states that my husband should submit another 21-4890, application for TDIU. But, without having the TDIU defer reason letter, we will just bask in the glow of the combined 80% rating, while still hoping for 100%. Thank you so much to everyone here on Had It. Not only do I read here everyday, I tell so many other veterans about the site and all of the great information here. Link to comment Share on other sites More sharing options...
carlie Posted May 5, 2012 Share Posted May 5, 2012 Good job ! Link to comment Share on other sites More sharing options...
HadIt.com Elder Chuck75 Posted May 5, 2012 HadIt.com Elder Share Posted May 5, 2012 (edited) The VA can "defer" a claim for seemingly almost any reason. At this point, the original TDIU claim has not been fully granted. You should NOT submit a new claim for TDIU, as the VA can say that this is a "new" claim, and screw around (improperly) with the EDD. A letter stating that the claim should be adjucated with the exisiting evidence may help speed things up, if you are sure that the evidence supports TDIU. Finding out exactly why the TDIU portion of the claim was deferred may be difficult. You might consider requesting an SOC, since the claim was not fully granted, and the VA has not sent one?. An SOC might show why things were deferred, although I doubt it. It's more of an informal notice to the VA that you haven't given up, and will persue things further if they don't do things as they should. "The DAV then proceeded to tell us that our State's VARO didn't accept Requests for Reconsideration" If so, The VARO is not following the law and regulations. It sounds more like the DAV rep doesn't want to mess with the request. Edited May 5, 2012 by Chuck75 Link to comment Share on other sites More sharing options...
westcoastlv Posted May 6, 2012 Author Share Posted May 6, 2012 Chuck75, You are so right about the DAV not wanting to mess with the claim. I had already typed up the Request for Reconsideration and took it with us to meet with the DAV. He looked at it (didn't read it) and said that our state doesn't recognize it. And if we filed an appeal it would take years, so he advised us instead to do a request for increase. I didn't want to argue with him, thinking that he does this everyday, but I just didn't agree. He even went so far as to tell me not to send in any paperwork (because I had done so much during the first claim). Even during the walk to the car I felt like he had given us bad advice. I faxed in the Request for Reconsideration as soon as I got to work, I then sent it certified mail. Unfortunately because of the DAV's bad avice, the effective date of the increase is the day that the DAV filed for it, which kinda makes me angry at myself for not disagreeing with him more aggressively. Regardless, the decision letter said, "We have deferred a decision on the following issue because we need additional information or evidence: Individual Unemployability. You will receive a separate letter about our request." So this leaves me with the Ebenefits info only that says if we feel the veteran is unemployable, then complete the application of Individual Unemployablity...blah, blah, blah. I guess we will just have to wait for this 'other' letter to see what's what. The letter also requested another 21-686c for dependents, when they are already paying for dependents and states that we are included on the first page. And they sent an application for Voc Rehab. Interesting. Link to comment Share on other sites More sharing options...
westcoastlv Posted May 6, 2012 Author Share Posted May 6, 2012 This is the exact quote from ebenefits, "Your attention is needed: You may be entitled to compensation at the 100 percent rate if you are unable to secure and follow a substantially gainful occupation because of your service-connected disabilities. If you believe you qualify, complete, sign, and return the enclosed VA Form 21-8940, Veterans Application for Increased Compensation Based on Unemployability" And the claim has moved back to Gathering of Evidence. Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted May 6, 2012 HadIt.com Elder Share Posted May 6, 2012 Most of us who are 100% got there in stages not all together. If you and your husband are able maybe you should either request a Hearing or just go to your VARO. You might also consider filling out the form and write a cover letter explaining completed as requested to be considered with deferred TDIU and give the date that he was granted the 70% or better yet the date that was effective from the first rating. It might cost you your deserved effective date and than again if granted you will have 100% and can appeal an incorrect effective date. I have always said its more important to get the rating and than haggle over effective date. Good Luck Its a bitter apple to learn that for many a VSO is part of our problems not the solution Link to comment Share on other sites More sharing options...
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