tdiu Bent Over The Barrel......

[StreetWalker]

I had filed for a reopening of my denied TDIU claim. Along with that request to reopen I included what I and my VSO felt was "new and material" evidence. A denial of VRE benefits due to the severity of my service connected disabilities and a statement by my then VA PCP stating that I'm unemployable. The claim followed the standard path. It was over a month late getting out of the "Review of Evidence" phase and past the earliest date it was supposed to be complete. Again par for the course. The claim went to Prep for Decision and I had hope. A couple of days later it was back to Gathering of Evidence. The expected dates of completion had been moved to 7/2014 to 1/2015. Originally it was supposed to be finished no later than 4/2014. A development letter was sent. I received the letter and it stated that I needed to submit "new and material" evidence or the claim would be closed. There was NO mention of the evidence I had submitted. I headed down to my VSO's office the next day. She looked at her files and found where the request and the evidence had been submitted. I asked her if she felt that the evidence was sufficient (my old VSO had received a promotion and moved out of this office) she stated that it was more than sufficient. She prepared a letter and sent it on to the RO. So far nothing has changed in regards to my claim. I was going to hold off on filing any additional claims till my IU claim was settled. But I decided to go ahead and ask for a increase in my depression and radiculopathy. I also filed for my right shoulder which has been causing me a lot of problems due to use of a cane, constipation due to daily use of narcotics and sleep apnea due to weight gain from medication and from inability to exercise due to my lower back. I've gained 50 lbs the last four years. Most of it during the first two years while I was still working and walking 10 miles per day.

[63SIERRA]

Sounds like your tracking well, just stay on them, . it seems the little game they play where they keep saying they have requested evidence and havent recieved it is quite common. On ebennies there used to be a spot where u could click and it would show evidence recieved, but I dont see that on the site anymore.

[john999]

One thing I would say is that when you send evidence to your VSO send a copy to the VARO directly via certified mail/return receipt. Now since you have filed additional claims along with the TDIU this may delay your TDIU claim. Forget about all these dates Ebenefits gives you for when things should be done. The claim is done when you get the decision in your hand.

[john999]

Were you a postal worker by any chance? If you have more mishaps with your VSO I would hire a lawyer. I know I say this a lot but why deal with rookies when you can get a professional who has clear responsibilities if he/she mishandles your case? Have you filed for SSDI?

[StreetWalker]

I was a letter carrier. Applied for OPM disability retirement, TDIU and SSDI in July of 2012. SSDI was approved in less than three weeks. TDIU was denied in six months and OPM took 10.5 months to complete. I've not had any problems with my VSO. In fact my current VSO just spent 2.5 years in DC handling appeals at the board. She really knows her stuff. They submitted the evidence, it seems that when the VSR opened up the claim they skipped over the evidence.

[john999]

What is the condition that makes you unemployable? What are your ratings? I see combined they are 70%. Is one at least 40%? If so did you let the denial of TDIU become final? If you filed a NOD within one year you don't have to reopen your claim. Did you ask for a DRO Hearing or BVA Hearing when you were denied TDIU. The way it works is you file a claim. If you get denied you file a NOD and usually you get a SOC. They you ask for a DRO or BVA Review or Hearing. You have one year to file the NOD after which your denial becomes final and then you have to reopen your claim or file a CUE maybe.

[StreetWalker]

40% lumbar spine 20% left lower extremity radiculopathy 20% right lower extremity radiculitis 10% tinnitus 10% GERD 10% depression Back and radiculopathy. The denial did not become final. Time for a NOD at the Portland RO is well over two years. So upon advice of my VSO we filed to reopen the claim with new and material evidence. I'm well aware of how it works or doesn't work.