ptsd NOD-did vso do the right thing?

[allan1351]

On Jan 5,2016 I went to my vso to findout what was happening with my claim....after checking she told me my claim for IU was denied,also increase for ptsd denied....she told me they were denied in a decision on Dec 10,2015....I told her I never got anything in the mail....Also told her I had the last review exam and it shows I should be 70% from 50%....also that I had filed the letter from voc rehab....she checked and agreed I should of went to 70%...also said the voc rehab letter is there but they didn't include it in my denial...So she filed NOD on the ptsd for increase to 70% and said she filed under fast track......when she filed I noticed she put in there that they didn't include the letter from voc rehab.I'm just wondering if she did the right thing here............Please let me know.....she also ask for SOC......thanks Allan

[Berta]

If the Voc Rehab letter stated that your SC conditions make Voc Rehab unfeasible, this is Great evidence for TDIU. SC conditions only, however.....

"when she filed I noticed she put in there that they didn't include the letter from voc rehab.I'm just wondering if she did the right thing here.........."

Yes she did. I would have , however, told them to CUE the decision under violation of 38 CFR 4.6 as that could have gone faster...but still...this is critical evidence so I am not surprised they missed.

[Buck52]

The VA messed up when they failed to include your Voc-Rehab Letter...that is a VERY important part of your evidence, and almost a sure thing to help you get IU.

 

JMO

....Buck

[allan1351]

Thanks Berta

Also....I've had a claim for reconsideration filed on this claim since June17,2015.....VSO checked and said it's there but nobody has said anything about it.....should I stay silent on that?Or push it?...she told me she wants to get me to that 70% first...

Edited January 22, 2016 by allan1351
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[allan1351]

Buck52

Hey I got that letter thanks to you guys....Also is vso telling me right by wanting to get the percentage up to 70% first? then go after IU? Thanks for your help..Allan 

[Buck52]

Read this article.  about ''reconsideration''

And your most welcome Bud

http://statesidelegal.org/thoughts-reconsideration-rater-va

............Buck

[allan1351]

Thanks Buck52

So goes the VA....lol and reconsideration.....