jesusplay Posted August 12, 2014 Share Posted August 12, 2014 I was granted SSDI for my SC condition after 7 months, Only complaint is last month after 4 months my TDIU claim was denied. I'm putting in a reconsideration with my SSDI file. Link to comment Share on other sites More sharing options...
Berta Posted August 12, 2014 Share Posted August 12, 2014 (edited) GREAT .. if the SSDI is solely for your SCs, the RO should have that info right away. We have had vets here over the years with success on reconsiderations. But a Reconsideration Request does NOT stop the NOD clock. I mentioned here before that I filed for a Reconsideration Request of an absolutely ridiculous denial letter on my 2003 CUE claim..(They even tried to make up a regulation to deny), then I rebutted their ridiculous letter and they sent me one even more ludicrous, (of course not once did they mention the legal evidence I had sent to them) and finally after years of waiting for BVA transfer, (I was glad of that because I knew BVA would award it), Nehmer 2010 happened and when I asked Nehmer RO to adjudicate the CUE claim because I had filed it prior to my AO IHD death claim,(and it had not formally gone to the BVA yet) they awarded it in a heartbeat. The retro was far higher on the CUE claim then on my IHD claim. I learned that in some cases, the VA will sit on a Reconsideration Request ,hoping they can piss away your NOD deadline. Was there any other reason for the denial then VA saying they did not find you unemployable due to SCs? Then again I might be interpreting this wrong..... Was VA aware that you had applied for SSDI and that you were awarded? I think is the # 18 question on the TDIU form. If VA knew od the SSDI award solely for your SC, they might have committed a CUE in the denial and you have time to ask them to CUE themselves. No reg but info and a template is in the CUE forum. I have used that tactic successfully ( reason they overturned my AO IHD initial denial in weeks) and will continue to use it again, if they make a CUE in any future decisions. I have a similar claim like that pending with a specialist now. I filed the NOD on time.On the Nehmer award I CUed in the first place. If we can see the denial ( can you scan and attach it here?) Cover C file number , name and address prior to scanning it. Funny thing is, we had a few FTCA questions here lately. that give me dejavu all over again. It was far easier for me to succeed in my FTCA claim years ago ,then to deal with the RO crap. The OGC lawyers (like the BVA) can actually read. Edited August 12, 2014 by Berta Link to comment Share on other sites More sharing options...
Computer Tech Posted August 12, 2014 Share Posted August 12, 2014 Congradulations. Rick Link to comment Share on other sites More sharing options...
eagle1012004 Posted August 12, 2014 Share Posted August 12, 2014 Congratulations !!! Link to comment Share on other sites More sharing options...
georgiapapa Posted August 12, 2014 Share Posted August 12, 2014 Congratulations and good luck. Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted August 12, 2014 HadIt.com Elder Share Posted August 12, 2014 Congrats I got SSD in four months first try and VA took 5 and 1/2 years. Link to comment Share on other sites More sharing options...
Recommended Posts