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ptsd Choice Of Dro Or Trad. Appeal, For "inferred Tdiu" Case, + Wrong Appeal Reason Listed!?.
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sevensees
Hello,
Thanks you all for great help and advice so far in our adventure with the VA. I am helping my father with most of the grunt work for this process and he is represented by the American Legion.
The backstory:
Claim filed in 2005. Finally awarded in 2012 @ 50%, but they failed to infer the claim for TDIU, even though he has been on SSD since 2003, and the VA mentioned SSD with service connected symptoms in his VA award letter. His doctor letters also declare him permanently disabled from working (VA doctor). He filed a NOD 2013 stating that his claim should have been inferred automatically for TDIU (including back pay) and that his rating should have been higher and considered permanent due to the evidence they were already aware of.
Where we're at:
We received a letter this week from the VA notifying us that they received the NOD and that our appeal is for entitlement to service connection for anxiety, nos and depression, nos (claimed as PTSD). It states that we have a choice between" traditional appeal process" or DRO.
Here is the problem. We are not appealing entitlement to service connection! (Why would we NOT want service connection?) We are arguing that our claim should have been inferred for TDIU since he has not worked since 2003, has been on SSD since 2003 and the VA has acknowledged SSD for "anxiety and depression" in the award for disability which was in fact granted for "anxiety and depression".
By two questions are:
1. Why are they claiming we're appealing our service connection when its already been granted?
2. We want to argue that we should have been inferred for TDIU in our original award. Should we pursue the DRO or "traditional appeal process" route?
Thank you all so much.
I'm sorry I went inactive on my last post, but we are again in the process of moving as indicated in that post.
More information about this case can be found here:
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Berta
"If he had a CLEAR inferred claim for TDIU and they NEGLECTED to infer it, is there any way now to get this NOD expedited due to their mistake and neglect instead of his hardship (that they are in par
john999
If you are confused about acronyms you mentioned I don't think you are up for prime time to get TDIU Inferred on your own. You may not want to spend 40 grand, but you are going to spend 40 years tryi
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