tdiu Tdiu Topic Needs More Opinions

[Berta]

I hiope others chime in here on this one.....from the TDIU forum.

I have read the VA FL 13-13 full of VA double talk and still cannot believe how they are handling this vet's claim. ....if they even used the Fast Letter..

because either I am going nuts or their incompetence in this decision has raised to a level far beyond most of the usual stupid VA stuff I see.

[Limekiln Vet]

I used to look forward to weekends, until I got involved with the VA, now I hate them as I know nothing can progress on my claim until the following Monday.

[Berta]

"Does the VA need to present an argument to continue the 30% rating of AS?"

Certainly....they usually do that via a C & P exam.

Did you even have a C & P exam for the TDIU claim? (that focused on the AS)

Do you have the results of that exam?

I thought I raised the Extraschedular argument in the draft...

.By all means, add to it, or change anything in it that you want to reword yourself.

I suggest send it (keep copy) to the VARO via USPS with a tracking slip and also send it as a IRIS complaint.

My concern here is that your VARO in my opinion already has enough evidence to award you TDIU,or at the very least to deny TDIU with some documented medical rhetoric that you can appeal.

That is why I asked about the C & P because so far I know of nothing VA has stated medically,based on an examiner's opinion, that would lead to a rationale denial of TDIU.

I also was thinking maybe the IRIS rep made an error in interpreting what the VA is doing...in any event

I have no idea how long a VACO review would take and from what I see here, there is no need at all to consider Extraschedular in your case..

Do you have proof either with USPS tracking or via IRIS that the VA had your SSDI and LTD records?

Sorry if I asked already on that....

I am asking a question here I have asked the members here before with no answer.

You all might remember my discussion of how the VA, with a signed authorization form from the veteran (my deceased husband) for requesting VA obtain his SSA records,
caused them to stall his claim so long, he died before he even saw his 100% P & T PTSD award.( Based on his SSDI award ,that was based entirely on his VA med recs in the first place.

I had the call SSA in Baltimore in frustration, only to find out that what they told my 2 Senators and my Congressman was an outright lie....they had never even sent SSA the request. and told my congressionals (I still have those letters) that SSA had refused to release his records.

A Lie...
The question is does the VA still send out authorization forms specifically for SSA or any private records directly to the claimant who must these forms and return them to VA?

Or is it just by answering Yes to question # 18 on the 21- 8940 TDIU form that triggers them to get the records?

How long do these SSA records take to get to the VA when requested? Anyone know a quesstimate?

If VA is aware of probative SSDI awards ,needed for a TDIU claim, and does not list them in the Evidence section of a decision, they have committed a CUE.

If they do list them but do not consider them at all (meaning they offer no medical opinion to go against the SSDI award) they have committed a CUE.

I am not sure here what the VA was thinking on this IRIS response....I am sure however, they probably didnt read the claim correctly, let alone the evidence.

The claims process is truly a War of the Words ,often geared to ambush valid claims from the git go.And the VAROs have no incentive at all to do them correctly.

Stillhere ....thank you for the encouragement....

Personally I am astonished that many others have not chimed in here, or at least try to understand what the VA appeared to be pulling., and comment on it.

It means if you have a SSDI award solely for a SC and apply for TDIU, the VA can pull some bull crap by disregarding the SSDI award and SSA findings as proof of (and which is in essense an independent medical opinion in support of) total disability due to service.

If you have say a SMC K award, or another SC rated low, and which would not probably ever raise to the level to garner a SSDI award,at all, they can ship you off to VACO for Extraschedular Consideration of a minor SC that might never raised to 70% or TDIU level by disregarding the SSDI award, for the prime SC disability .....

or even ship you off to see if VACO will approve TDIU under Extraschedular Consideration solely for erectile dysfunction.(SMC K )

Edited March 30, 2014 by Berta

[Limekiln Vet]

File VaMedical shows they received results of the newest C&P exam for AS on 1/27/2014.

File SocSec shows they received Social Security evidence on 1/16/2014.

I personally do not have the results of the exam, but I can attest to the fact the examiner was quite surprised with the results. He even stopped the physical part of it while measuring movement of my neck, because the noise (cracking sound) was so loud, I said did you hear that? And he said yes I did, I think that is enough. He was clearly concerned he might hurt me.

Edited March 30, 2014 by Limekiln Vet

[Limekiln Vet]

As far as how long it takes the VA to get records from the SSA, I do not know, but in this case I have copies of them all and I sent them myself via the upload records function on the ebenefits site.

Let me see if i understand the issue Berta.

The VA should have made a decision to raise the 30% to a level of IU, based solely on SSA records which deemed me as unemployable, right?

And they should not have forwarded my file for consderation of extra schedular, because they have sufficient evidence to make a decision by the VARO?

[Limekiln Vet]

As far as the LTD records, they are not referred to in the case so far, but I do have a record they were uploaded and received as "other correspondence" attached to the case history.

[Limekiln Vet]

Also, and I may use this only as a last resort. Every year The Hartford asks me to fill out paperwork to continue my LTD, and have it signed by a doctor. In the previous 10 years or so I had a private doctor I was seeing fill out the paperwork, indicating I have AS and it is permanent, and it prohibits me from working.

Since I no longer have private medical insurance, I asked my assigned outpatient primary care doctor at the VA to fill it out, which he did. I gave him a copy of last's years completed form, and he filled out the new one, named AS as the disability, and signed it declaring the condition is permanent. I hestitate to declare it is probative, because he did not base the form on an exam done by himself, but merely on history and possibly VA records he had access to.

Edited March 30, 2014 by Limekiln Vet