Reconsideration/re-Open Update - Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC - VA Disability Community via Hadit.com Jump to content
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Reconsideration/re-Open Update

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Jaluluah11B

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70% PTSD, SSDI

I was rated 70% last year and sent in my application for TDIU. I was given another C&P and was denied an increase. I then decided to submit a NOD. While my NOD was sitting in limbo on stage 1 on ebenefits for months I was approved for SSDI based on my service connected mental health disorder. I called Peggy and they said I can submit my "New Evidence" and ask them to reconsider my denied increase. I put together a pretty simple request to reopen my denied claim and consider my new evidence.

It has been exactly 40 days since they received my request at the regional office. I am either on the verge of massive success and quality of life or I am about to be punched in the gut. Either way there is nothing I can do about it now besides wait.

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Hope for the best. Plan for the worst.

Good luck to you.

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With the NOD already filed, I hope they consider the reconsideration request as well.

You know you have very good evidence with that SSDI award.

Do you have a vet rep who might have someone from their same org that is actually in or near this same VARO building?

I guess I would think they would be willing to try to get this new evidence before the rater right away.

Then again I had a state vet rep whose office was right in the RO building but he buggered up the submission of my evidence.

This was for a double DRO review but the DRO told him she couldn't read my evidence ( 2 IMOS)

and he called me after their meeting , saying excitedly 'but she went for 'his idea to get an additional VA medical opinion and seemed well pleased with himself.

But I asked him, since she said she couldn't read my IMOs how can she read a VA C & P report?

He was dumbfounded when I asked that.

I asked him if he DID get my IMOs into the record and he said yes, but again they never showed up AGAIN as evidence in the SSOC (a copy and paste job)

and the BVA awarded that claim.

Still, it would be great to have this info before the rater right away.

You could even fax a copy of the formal Recon request to the VARO and add attention to and use the initials in the code on the right hand side of their last decision, where the Re: or date is.

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I am almost positive that my SSDI is solid enough evidence to eventually raise my rating. I am just not sure if they will grant it right away or deny me and drag out a multiple years long appeal. Either way I should have an answer within the next couple months since it's a very simple 1 contention claim with 1 piece of additional evidence.

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Think, VA Vocational Rehabilitation Program!! One of the best irrefutable pieces of evidence, that a Vet can provide to substantiate his IU claim, is a VA Vocational Rehabilitation Program "Denial Letter." My denial letter stated something to the effect, "The veteran is ineligible at this time to participate in the VA Voc Rehab due to my SC disabilities." The Vocational Rehab Councilor took 3 days to review my file and issue the "Denial Letter." The DRO said that letter seals the deal. Irregardless of your level of education and experience, the VA Professional Vocational Rehabilitation Councilor has determined that you are unable to be retrained due to your SC conditions, for any type of "Gainful Employment." Gainful employment is currently based on the US Poverty Level for 1 person, aprox $14,000.00. In addition to the Denial Letter, you will be eligible for the VA Independent Living Program. If your truly unable to work, you can get a denial in as little as a day. A Very Important Piece of IU Evidence.

Some of my Vet friends, that allowed me to push them into applying for Voc Rehab, have really benefited from the "Denial Letter." 1 that has a TDIU NOD pending, used his Denial Letter to Get all of his Michigan Primary Residence property tax refunded for both 2013 and 2014. The State Of Michigan accepted his "Denial Letter" as proof that he is UNEMPLOYABLE! 1 that has been 100% SC for twenty years finally applied and was placed in the Independent Living Program the same day. So far received the following: Computer, all in one printer, air bed, $6500 bathroom update pending. The take away is, the VA wants to help all disabled Vets, but we have to ask, in the form of filing a claim via your E-Ben site.

Good luck

Semper Fi

Gastone

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I'm in independent living program right now. But VA just denied my claim for iu?? How can that be? Have letter from my VA PCP saying I'm unemployable, in independent living program but denied tdiu???? Made no sense to me at all.

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