tdiu Denied Now Nod Time?

[BoonDoc]

I called the 800# for VA, and was told that my claim for TDIU was denied and that all ratings are to stay at present rating. I am planning on continueing my appeal, is this the time for writing a NOD notice of disagreement?

After the writing of the NOD what's next? What is it called when you ask for someone else to review your case? Do I ask for that in the NOD letter?

What is the quickest way to get to the BVA?

I appreciate any and all comments.

Steve

[Vike17]

Boondoc,

I would wait until you actually receive the denial from VA in the mail before you start to write your NOD. How do you know what the RVSR evaluated and why? You can't until you see the decision.

When you write your NOD, you can have your appeal handled two different ways. The first is by having a DRO review your claim. When he does this, he has the authority to completely re-write the decision or keep it at the current percentage. He can not, however, reduce anything or render a decision that is a less of an advantage to the veteran from the previous rating. If the DRO decides to continue the previuos decision as is, then he'll send the veteran a Statement of the Case (SOC) and the veteran can still file VA Form 9, and take his claim to the BVA.

The second route you can take is the traditional appeals process in which the VA issues a Statement of the Case (SOC) stating why they made their decision. Then the veteran can file VA Form 9 and take his claim directly to the BVA.

I strongly suggest the DRO review.

Vike 17

[olenavygoat]

Right on Vike! I strongly agree. Wait for the VA letter containing the Statement of Case (SOC). At this point you'll want to review everything therein and compare against your supporting documentation to insure they've not "overlooked" something. Then you go to USC Title 38, Chapter 2, Para 4 and do a review of what you have submitted to see if you left out any key words that would trigger a better rating. If you feel this will take you more than 60 days, you may wish to send the Notice of Disagreement (NOD) stating which items you disagree with and that you intend on supplying them with additional information in the near future. The better info you shoot at them in the beginning the better and faster the rating.

Like Vike said, you go to the BVA you're looking at tying your claim up for 5-7 friggin years for nothing. NOD your DRO to death, make them do what you know is right.

[BoonDoc]

I got the VA decision this afternoon. They didn't give a good reason for nnot granting TDIU.

They stated that my precious employer said that I had not missed any work during 1996, and left work because I moved. I quit a full year because of my migraines, and my wife took over for me. This job was working in an office handing out application for Title 8 HUD housing for two hours per day and doing routine maintenance on the apartments. I made well under the amount of poverty, around $400.00 per month and a free apartment! How can that be qualified as gainful employment, it was a part time job at best.

They list the medications, but none of the complications from them.

I know that I can beat this I just need to form a "battle plan" before I send this back in.

I have copies of my taxes I wonder if making a copy to prove that I did not work in 1996, and was even at the poverty level in 1995, which is the last time I was able to work.

Thanks for the advice!

Steve

[john999]

Does your current doctor say you are unemployable due to service connected disability? That is the way to beat them and try and get SSDI as well.

[Berta]

I agree with John and Vike-

In the NOD focus solely on the Reason and Basis and any evidence at all that they either listed but ignored in the Decision or didnt even list.

Prior to this denial letter did you get a VCAA Notice with an election form?

Did the VCAA notice tell you exactly what you need to succeed?

If you didn't get it tell the VA in the NOD they have made a procedural error which has been prejudicial to your claim and ask them for a proper VCAA Notice that is in full compliance with the VCAA.

And attach a copy of this- it is M21-1-Their regs that tell them what the VCAA Notice is supposed to be.

Claimants that dont get the proper one (I havent got one in 3 1/2 years)

CANNOT be denied before receiving it -unless their claim is ridiculous and uncapable of substantial price facie-

otherwise the VARO has committed prejudicial error and their decision can be rendered moot.

http://72.14.205.104/search?q=cache:aUSCuD...=2&ie=UTF-8

M21-1 Part 3 Change 129 Transmittal

Your battle plan must consider gathering the enemy's intellence-

what I mean I get their regs, their M21-1 etc etc and use it against them.

Anything under the Poverty Level- which you can find those stats with Google is NOT substantial employment.

I imagine they sent you the whole 38 CFR 4.16-read the whole thing carefully- the key is in there as to substantial employment etc-

Edited September 11, 2006 by Berta

[BoonDoc]

I have been going to the VA neurology in Little Rock and doubt if he would make a statement on paper as to weither I can work or not due to SC disabilities. The last time I was there the doctor told me "even if you never work again, you must get out of your house...your 41, and people in the USA live to be 80, so get out"

I have been on SSDI since 1995 , but not for SC disabilities.

I'm thinking of going to a private doctor.

Steve