Tdui For Pending Claim

[63SIERRA]

My question is this. The main reason I am disabled is because of my back condition, spondydlolysis thesis. with degenerative disk disease/ .. I currently have a claim with the va on reopen that has been denied twice before in the past. I recently submitted new evidence, and have good evidence, that I believe I will prevail, even if it takes going to administrative review. I want to file for TDUI now, to preserve my date, also if my health keeps getting worse, and im in a wheelchair, I dont want to be just starting when I am in desperate need/.. I am already rated at 60 .. 40 for hepc, and 30 for residuals of kidney removal due to kidney cancer. My back is what bothers me the most though, and debiltates me quite often. most times that Im here typeing the massage cusion is on full blast , to make sitting bearable, (because I was standing or went for a walk or did the dishes or something small and my back started throbbing.

So thats the question. even though I will also list current service connected claims, should I also list the back conditon as a reason too. thanks.

Edited November 30, 2013 by 63SIERRA

[63SIERRA]

I would encourage anyone stuggling with the va as I have to write those word on a piece of paper in large bold letters, and put it in a place u can see it, every day.

MY CLAIM IS NOT DONE, UNTIL I SAY ITS DONE.!!!!

[carlie]

63,

Since you have all of this going on, personally, I'd go ahead and

submit a completed and signed 21-8940 (IU) and get a date set in place.

Get some IME/IMO's to support your position and submit them with the form.

http://www.vba.va.gov/pubs/forms/VBA-21-8940-ARE.pdf

In regards to your VA doc's not putting anything in writing for you they can at least

be gently pushed into documenting medical evidence into your treatment notes/reports.

The directive below just went out in Oct 2013 but a most likely been renewed or updated.

http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1790

PROVISION OF MEDICAL STATEMENTS AND COMPLETION OF FORMS BY VA

HEALTH CARE PROVIDERS

"d. Medical Statements to Support VA Benefits Claims. When honoring requests for

medical statements by veterans for VA claims adjudication, care must be taken to avoid conflict

of interest or ambiguity.

(1) Determination of causality and disability ratings for VA benefits is exclusively a

function of the Veterans Benefits Administration (VBA). VHA providers often do not have

access to military medical records, and may not be familiar with all the health issues specific to

military service, such as environmental exposure. As a result, they may not feel comfortable in

stating causality of a current condition.

However, this does not preclude VHA providers from recording any observations on the current medical status

of the veteran found in the medical record, including their current functional status.

All pertinent medical records must be available for

review by VBA.

NOTE: VHA continues to provide compensation and pension (C&P)

examinations and reports as requested by VBA, as part of any new disability claims or review

process."

(2) Requests by a veteran for assistance in completing a VA disability claim are to be

referred to VBA through official channels; however, the clinician, if requested by the veteran,

must place a descriptive statement in the veteran’s medical record regarding the current status of

the veteran’s existing medical condition, disease, or injury, including prognosis and degree of

function. This may then be requested by VBA for the purposes of making a claim determination.

[carlie]

I would encourage anyone stuggling with the va as I have to write those word on a piece of paper in large bold letters, and put it in a place u can see it, every day.

MY CLAIM IS NOT DONE, UNTIL I SAY ITS DONE.!!!!

There is a huge difference in a claimant feeling their claim is not done

and a VARD becoming final.

Once a decision becomes final and is still denied, the claimant has to come up with

N&M evidence that is not cumulative or redundant - or other than a finding of CUE -

that decision is a done deal - whether the claimant likes it or not.

That's just simple USC/CFR 38 Law and Regulation.

[63SIERRA]

Do like I did and hundreds of others--------Get a Lawyer.

I consulted with an attorney yesterday and he gave me some free advice that I am emplementing. If they deny my reopens I will fire my VSO and hire competent counsel/ I spoke with Mr. Walsh, and he is pro veteran, and tells it like it is. My kind of guy. I may hire him if he gets caught up with his cases. Good attoneys stay quite busy. im trying not to pollute the holiday season too much with the va business, but after the holidays, its game on again.

thanks Carlie thats excellent intel.

[63SIERRA]

Something as simple as a valid argument, is enough to reopen or appeal a claim. So if you are good at argueing, u can keep a claim going forever. Also new discoveries are always being made, just like how I got service connected for kidney cancer caused by hepc/ they didnt know that 10 years ago. Between the incompetence at the va, and the vamc, and the general nature of the regualtions if u cannot keep a legitimate claim on the burners, u are just giving up.';

You can go find a service buddy to write a statement/ you can have your spouse write a statement. you can find a new doctor with a different opinion, you can find a specialist, and on and on.

If denials were final u wouldnt have people like ask nod that have been fighting claims for 10 and 20 years. they would be done. they are not done. he never gave up. Berta is another example, how many times did they try to turn her battleship around.. they couldnt ...because she didnt quit.

Edited November 30, 2013 by 63SIERRA

[carlie]

Something as simple as a valid argument, is enough to reopen or appeal a claim. So if you are good at argueing, u can keep a claim going forever. Also new discoveries are always being made, just like how I got service connected for kidney cancer caused by hepc/ they didnt know that 10 years ago. Between the incompetence at the va, and the vamc, and the general nature of the regualtions if u cannot keep a legitimate claim on the burners, u are just giving up.';

You can go find a service buddy to write a statement/ you can have your spouse write a statement. you can find a new doctor with a different opinion, you can find a specialist, and on and on.

If denials were final u wouldnt have people like ask nod that have been fighting claims for 10 and 20 years. they would be done. they are not done. he never gave up. Berta is another example, how many times did they try to turn her battleship around.. they couldnt ...because she didnt quit.

I just won a CUE on a VARD from over 30 years ago.

About a year prior to that I won claim issues at the BVA level

that went back over a decade.

I filed a FTC and won that, I've done my due diligence fighting the VBA

and prevailing for myself and other claimants.

I stand by my prior posts regarding finality of a VARD - once it becomes final

then you move onto REOPEN the issue - and your effective date changes to the

date of the reopen.

The key to keeping the effective date is to always submit a timely response,

(hopefully with additional evidence not yet of record) to keep the prior decision

from becoming, a final decision.

There are a few regs that have an impact on whether a decision has become

final or not. ask pointed out in his case 3.156b, as one.