Bva's Wait Time On Tdiu Claims

[MPsgt]

I currently have a claim at the Board of Veteran Appeals. It has been with the BVA since 09/24/2013. I signed a waiver. Requesting that BVA make a decision on my claim and not my Veteran Affairs Regional Office in Kentucky. This appeal remained at the VARO for two years without a favorable resolution. I'm expecting at least another 18 months or longer with BVA. What say others to this topic?

Edited October 7, 2014 by MPsgt

[Berta]

I think one year more or longer.

During that time if you have any more probative evidence, send it to the BVA,under your Docket number and get a proof of mailing.

[Navy04]

Berta is on the money, and I know the wait drives us all crazy. Good luck bud

[MPsgt]

I think one year more or longer.

During that time if you have any more probative evidence, send it to the BVA,under your Docket number and get a proof of mailing.

Berta...How can I find my docket number? Should my Veterans Service Representative have it? I do believe I could submit a letter of support from the VetCenter counselor, my medicare verification, and OPM continued disability letters. I'll try to get ahold of the VSR for the docket number. Thanks

[Berta]

I think the BVA sent me a letter when they gave my past DMII claim a docket number.

Because, at that time, although I had proof of my ROs receipt of my evidence,I sent it all again directly to the BVA once I had the docket number.

You mentioned "OPM continued disability letters."

Do those letters regard what you are seeking SC for (or a higher rating for?)

If so ,did you send them to the VARO when they propcessed the claim you are appealing?

VA lowballed my neighbor for 10% for back disability years ago.

He was 20 years AF retired so VA sent the comp check and DOD deducted the 10% amount from his retirement check.

He had OPM involvement I think because he was retired under FERS and then received SSDI, all due, he says, to the 10% SC.

By OPM due you mean FERS? Do you also get SSDI for the same disability?

For about eight or nine years now, every time he brings it up to me , he still has failed to apply for an increase ( I think he should apply for TDIU based on what he told me)That could set him up for Concurrent Receipt (CRDP) as well as TDIU.

My long point here is ,when the VA denied , was the denial regarding TDIU?

If so did they list as Evidence anything regarding the OPM stuff that might have been very probative to the TDIU claim?

[Berta]

I am confused here....I tried to find anything here you might have posted as to why you were denied but all I found was this:


" Posted 06 December 2013 - 08:35 PM

What can be done to increase an Atomic Veterans SC for radiation exposure from 80% to 100%? This is time sensitive due to the Veterans age. I believe they low balled the Vet and the VA never stated entitlement to the lump sum payment of $75,000. Any guidance would be greatly appreciated. They have already increased it from 10% to 80% due to worsening. "



Are you asking for this Atomic Veteran you were helping or for yourself?

Did the Atomic vet follow any advise I gave via the links in that older thread here?

Did you ever post your TDIU denial ,( Reasons and Bases)here anywhere at hadit?

Edited October 9, 2014 by Berta

[MPsgt]

Berta,

My Federal Employer, The Office of Personnel Management, and Social Security Administration have all found me disabled. Due to severity of my service connected disability PTSD. My first rating for PTSD was 70%. I continued to work for about a year following this rating. I loss my job and then applied for TDIU on PTSD itself. Because I'm unable to secure or follow a substantially gainful occupation as a result of this service connected disability (this is the excuse they used to deny me). I attempted VR&E twice and both times failed to be admitted into the program. Due to the severity of my service connected disability.

I was able to get my docket number from my Veterans Service Officer. Therefore, I can now submit new evidence to BVA, as you advised. My appeal has been with BVA for a year. I know they don't have any evidence of the past year. I've obtained a Letter of Support from my VetCenter Social Worker, the continued treatment records VA, OPM letter stating continued disability, and a benefits verification letter from SSA i.e. SSDI & medicare entitlement. I have a third C&P exam coming in the month of November. Therefore, I'm waiting to get a copy and submit it with the above evidence.

As for the Atomic Veteran? We're working on getting him TDIU. I believe he would've been better off going to the DOJ. For the $75,000 one time pay out. He only came to me after receiving a SC rating of 80% for radiation exposure. The only other way to expedite his claim? Ask for them to front load his claim due to age? Is this correct?

Sorry for the confusion and thanks for the advice.