tdiu Success

[Mike Soumis]

I got the big envelope. The good news was left ischemic cervical myelopathy, which is currently 10% , is retroactively increased to 40% eff 5-14-05. Right ischemic cervical myelopathy 10% increased to 30%, retro to 5-14-05. I have 30% on feet for pes planus. I expected TDIU, they still have not used SSDI, disability retirement from P.O. or the nuero letter stating I won't be able to work again ever as evidence. I guess that will go on the VA form 9. I don't have any idea what I'll be getting but this will make life better at the home front. Thanks all, especially John 999 and Berta.

[Berta]

Mike- this is WONDERFUL!

But I suggest that you NOD that decision in a heartbeat.

I assume they did not even mention TDIU?????

I would NOD this, tell them you sent in a TDIU form on__, attached a dated signed copy of the form,

(the date is important because it is your EED date for TDIU- and you might be able to squeeze out from them an additional year added to that too in the retro-depends on the SSA date )

And tell them that they failed to consider you for TDIU yet the evidence they have supports that claim and then list and re-send them the SSA ,PO stuff, Neuro letter (that is a GREAT piece of evidence)- etc.

Actually I just changed my idea here-I am going to suggest that you ask them to reconsider their decision-dont mention Notice of Disagreement-

Put Reconsideration Request at top of the letter.

BUT-watch the NOD delimiting date-

If they do not respond to this Recon request within 3 months , then I would send them the NOD-and make sure you have dated proof of mailing the formal NOD-

Any thoughts here from anyone on this-

I just filed a Recon Request-

my RO is so slow that they could easily ignore it-

I certainly will file a NOD if I dont hear something soon on it.

A Reconsideration request can even include- if this request is not granted, please consider this a formal NOD on your decision of ______2006.

BUT-I read some BVA decisions where a recon request was not followed up by the formal NOD within one year after last decision and the vet got screwed.

Just my opinion on this---

But Mike- take a break and enjoy this Victory for a little while before you proceed-

Remind me on the I-9 and I can help with that-but relax and enjoy for a little bit veteran---

Berta

[Guest jstacy]

Mike, I agree with berta, file the NOD immediatly if not sooner. Your case is a good example of how the VA operates. They should award IU.

Good Job on the claim. Keep up the good work and continue your persistance in following up with the IU claim.

[Mike Soumis]

I filled out the 21-8940 and sent it in on 1-30-06 certified, return reciept. There was no mention of TDIU. My wife had wrote a letter which was included in evidence, so that is real important. I learned that here, have someone write how things are and in my case, they did consider it.

[Pete53]

Mike:

At least you have the door open now is the time to bust it wide open. Good Luck. I was 30% than 50% than 70%. than 100%. Had SSD the entire time.

[john999]

The issue of TDIU should be an inferred claim and the VA knows it. The fact that your doctor says you cannot work is an inferred claim for TDIU. So the TDIU should really go back to the time when the VA received notice from you that you were unable to work. I think you have to drag them kicking and screaming to rule on something they should have considered in your increase decision. You will get them in the end. Unfortunately they are playing dumb or maybe they just are dumb.

[Mike Soumis]

John 999, just thought I'd tell you that my disability retirement check just went down 20% from the P.O. What's odd is the P.O. personel office had to send my high 3 yr pay average to the VA, my work record which was exc., the VA wanted those records from the P.O., not submitted by me. My hope is that TDIU will come in a second brown envelope.