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

[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

[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.