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.

[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

[BoonDoc]

The Va didn't send me a VCAA, will thi shelp me by not getting it whenm I send my NOD? Should I just write on regular paper the NOD or type it.

They are leaving me at 50% which is the maximum allowable by law for migraines.

They said that the reason that I was denied is that on form VA Form 21-4192 stated that I had no lost time in 1996, and that termination was due to my moving. Entitle ment to individual unemployablity remains denied because the evidence does not show that the claiment is unable to secure or follow substantially gainful occupation as a result of service-connected disabilities.

They stated that I said that I hadn't worked since 1995, but my former employer said that I had no down time in 1996.

I have my W-2's and IRS tax returns to prove that I didn't work in 1996, and only made $4038. in 1995

for a family of three, and paying 25% for child support...my old boss was/is mad because my old records of when I was a tenant were missing and cost the company money in a fine, so she lied. My wife took over my miserable job, if it could be called that!!

I have found another Vet who won for fewer migraines than I have at the BVA, so maybe I have a chance.

Edited September 11, 2006 by BoonDoc (see edit history)

[john999]

Boondoc

As long as the NOD is legible is does not matter how you write it as long as you get it in within one year of the decision. Send it certified mail/return receipt. You should get a Form 9 after the VA gets the NOD but it you don't fill one out yourself. Did you get a SOC with the decision?

[BoonDoc]

John,

I don't see on the papers where it says SOC anywhere. It has a rating decision that gives the evidence used and reasons foe our decision. and info on what to do if I disagree.

[Guest jstacy]

Steve, Call your previous employer and ask them to prove you worked in 2006. If they say you did work ask them for the money they owe you or you are going to see them in court. They are not part of erisa for they probally dont have the number of employees there to qualify. This may scare them into telling the truth.

[BoonDoc]

Steve, Call your previous employer and ask them to prove you worked in 2006. If they say you did work ask them for the money they owe you or you are going to see them in court. They are not part of erisa for they probally dont have the number of employees there to qualify. This may scare them into telling the truth.

I had an agreement with my former employer that since I was having medical problems my wife would take over, which she did, and I have the W2's to prove that they didn't pay me for 1996, but did pay her.

I was working 10 hours per week making a whole $4087.25 in 1995, I don't think that the VA knew that I was not even gainfully employed back then.

Is not being terminated due to my SC disability a good enough reasons to deny me TDIU?

I was terminated back in 1990 for missing work due to SC disability and VA appointments, but they lied too said I quit. I have found some jerks to work for.

Steve

[Guest jstacy]

File the NOD and state the VA information is wrong and you can prove it with income tax information. Also note the Employer was bias.

[JohnM]

I had an agreement with my former employer that since I was having medical problems my wife would take over, which she did, and I have the W2's to prove that they didn't pay me for 1996, but did pay her.

I was working 10 hours per week making a whole $4087.25 in 1995, I don't think that the VA knew that I was not even gainfully employed back then.

Is not being terminated due to my SC disability a good enough reasons to deny me TDIU?

I was terminated back in 1990 for missing work due to SC disability and VA appointments, but they lied too said I quit. I have found some jerks to work for.

Steve

Steve, I was off work for 1 year when I got SSD I was about to lose my Job as either I quit or fired. Once I found out that I was going to recieve SSD I went and to them and said I was retiring on a medical, Because I was only 54 They would not retire me, I had to write a statement that I was quiting, But in my statement I put that I was retiring due to medical and recieveing SSD. I lost all benefits what little there was.

Your company might have a age limit for retiring like mine did, If I would have been 55 then they would have excepted my retirment.

sorry about the spelling I guess I'm getting a little tired

[BoonDoc]

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-

Dear Berta,

No the VA did not send me a copy of 38 CFR 4.16, or any other part of it, nor did they send me VCAA unless it was back at the beginning of the filing process and I misplaced it.

I do believe that your correct in saying that the answer lies in their own Regs and Laws since I've been looking around it seems that they haven't followed them at all.

The VA's whole reason for denying me was because they said that the VA Form 21-4197 that my former employer submitted stated that I quit because I moved, and that I had no down time from work. I had an agreement with my boss that I couldn't work any more because of my health, and that my wife would take over...which she did well over a year before our moving for my wife to find gainful employment, and I have the income tax returns and W2's to prove it. I wonder if the VA is aware that this was not gainful employment, 10 hours per week, 2 hours per day, and I made $340 per month, and a free apartment worth $193. per month, well under the DHHS poverty level, and I had to quit because I cou;dn't do the two hours a day every day. My wonderful wife worked her but off all day at a factory making jeans, and then came home to work the two hours at the office.

Thanks for your reply,

BoonDoc

Edited September 12, 2006 by BoonDoc (see edit history)

[Guest rickb54]

I also agree with John and Vike.

Terry.., you said, "It does not take 5 to 7 years at the BVA level. In my case 5 months on several differht appeals is all it took. By VA own addmissions. The longest is 19 months they keep a claim."

Terry my last appeal took over 2 years at the BVA someone is lieing to you.

I also can appreciate you 12 points, but they are your opinion, which you are entitled too. but please label them as opinion so new members are sure to understand this.

[Guest jstacy]

That all depends where you live. The St Pete RO is the busiest in the world so Appeals are going to be allot slower.

The 12 points are actual facts that occurred to the Veteran. I have had very similar activity. This gives a New Member an idea of how bad things can go. We do not sugar coat anything at Hadit.

You need to be estatic it only took you 8 months to get your appeal, In the real world that doesnt happen too often.

Edited September 12, 2006 by jstacy (see edit history)