tdiu Tdiu Extra Schedule

[RUREADY]

Do anyone know whether there is a va regulation that say " the RO cannot

ask for your claim to be consider or ask for extra-scheduler. I know I read this

somewhere but cant find where. A BVA judge has to do this be consider as such

.extra-scheduler

Edited December 25, 2014 by RUREADY

[CoastieAirman96]

Whoa! My head is definitely spinning at a 1000 rpm after reading all this TDIU_S-IU & E-S IU! So much that im now questioning if I filed/submitted my claim(s) right, based on all the quoted verbage from VA regs abt TDIU!

Im still fairly new to the forum but have initiated posts & replied to thm too. So, i have a question of clarification & guidance to ask to make sure i followed va claims protocol by the book and/or based on the experience of my experienced veteran brethren thruout the hadit.com site.

Im a Airman (1996-1999) & Coastie (1999-2001) Vet of the Gulf War era currently rated at 80% SC Combined-- 70% TBI w/ residuals due to personal assault that ocurred while in svc 03/2000  and 30% MDD--Secondary to TBI snc (06/2010-NOD award date) frm filing the NOD (06/2009) for the VA decision of my orig (07/2007) award of only 10% for TBI & 0% for MDD which was incredibly sickening to say the least even after providing countless private MED/MH trtmt evid, STR showing the ER record of my assault & injury & rest of my trtmnt during tht time with exception to the Neuropsych test results tht the VA rptd in the SOC, they werent able to obtain frm Travis AFB, buddy (svc) statemnts, c&p exams (gen & mh in 2008) in which the MH examiner royally screwed me by stating in my final rpt tht "i had smoked weed snc age 15" which was not EVER my doing or admission which led to my initial denial of MDD, but was later upgraded to 30% & TBI to 70% (due to law chgs for TBI 2008) in which i rcvd bk py only to 2008 for tbi & bk py to 2007 for depr incr frm filing the NOD in 2009 whn i had plenty more hlp frm my prvte MED/MH evidence, statemnts, & hlp frm 2010 C&P exams which supported my sc claim even more for depr in the first place. I tried proving SC for MDD gng back to 03/2000 but the key evidence (psych eval/MMPI-2), was supposely "unable to be obtained frm TAFB which was BS, so i lost out on possibly 7-10 yrs of bk py for MDD i fig'd. 

Now, since 2009, i hv rcvd trtmnt/meds frm VA pcp who diagnosed me with ptsd & snc 2015 seeing my VA psychiatrist & therapist (TDRS, VRC, etc). I strtd an intent to file claim on 05/24/2015 & finally submitted ALL new evidence thru FDC using ebennies for an:

1) New--TDIU; 2) Increase--PTSD-Sec to Assault-Non-Combat; 3) Increase--TBI w/resid; 4) Increase--MDD

At 80% SC CR (70%-TBI; 30%-MDD), was i to "ask for E-S IU" to be considered for tdiu or are they the same? I also filed the TDIU form. Also, if im not awarded TDIU, but have met reqs for 100% IU will it be inferred & granted snc i hv a CR of 80% for ALL mental hlth & tbi and show enuff evidence to warrant it? Lastly, if my tbi/mdd/tdiu increases are denied cld i possibly be granted enuff ptsd (like 70%) based on my current VA diag & ongng trmnt w/o hvn a ptsd c&p exam or is the exam req'd?

I figured, if im denied all but ptsd & i get rated at 70% wit or w/o (c&p) added to my current 70/30, it will put at CR of 97-98% or 100% IU.  Otherwise, im really lost on how this tdiu or ES-IU, IU stuff goes. 

Thx and srry for the novel!

CoastieAirman96

Semper Paratus

 

Thanks BroncoVet for the info, i will look into that but i know i have passed the time limit to appeal the BVA decision. That board decision for my tbi came in June 2010 frm the NOD i filed in June 2009

 

 

Edited March 11, 2016 by CoastieAirman96

[CoastieAirman96]

"Coastie

   Ten years is way to long to get this resolved.  There are special rules regarding TBI.  I suggest you contact a NOVA law firm.

https://vetadvocates.org/welcome/find-an-attorney/

 How long has it been since your Board decision?  The best time to appeal would have been within 120 days of the Board decision."

Thanks BroncoVet, I looked into the NOVA law firm and I have found an attorney out of Ada, OK that I will be in contact with to set up a FREE consultation. Thankfully, my in-laws live in Ada area, so we are always down that way visiting

[lamontino]

On 12/24/2014 at 11:51 PM, RUREADY said:

Do anyone know whether there is a va regulation that say " the RO cannot

 

ask for your claim to be consider or ask for extra-scheduler. I know I read this

 

somewhere but cant find where. A BVA judge has to do this be consider as such

 

.extra-scheduler

they did me the same way. They never told me about that I could get ES TDIU when i got out the service I was rated at a 20 back disorder i applied for SSDA got it due to my back etc....I asked for an Increase to determination by SSDA they denied me. I guess I didnt use the correct words