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

[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

[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