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

[Gastone]

When rated at the 50%, you weren't eligible for a Scheduler IU filing, only an extra-scheduler IU request advanced by a VA Rater to the Comp Director. You need to know who, Rater or Director, denied your IU claim.

What exactly did your Voc Rehab letter have to say? Did it specify that you are currently precluded from the Voc Rehab program due solely to your SC conditions, including any type of Sedentary work?

What does your E-Ben site say regarding your ratings? As of 01/21/16, I still haven't received the Official VA Award letter from a 07/15 Secondary Award. Much to my surprise, the new SC Rating was posted on my E-Ben 01/03/16. How long had the E-Ben info been available, NFI, cant say I really paid much attention to E-Ben other than filing claims or getting IU verification for Property Tax Exemption.

If I hadn't gone to E-Ben for my IU verification letter, I'd still think I was 90% SC. Then again, I'd be wondering why I got a Retro Deposit mid 01/16 while the 01 Comp chk hasn't changed yet, to include the SMC (S-1).

Semper Fi

[FormerMember]

If your VSO asked them to mail her a SOC, that is a request for a continued denial. A Statement of the Case (SOC) is only mailed out in the event of a denial. It confirms and continues the denial as well as providing you with rationale for their denial and the VA Form 9 required to file to complete the second, substantive leg of you appeal to the BVA.

I think she should have asked them for reconsideration of the decision based on the omission of the evidence in support of a higher rating/TDIU. Be careful what you ask for. Here, your VSO will probably get exactly what she requested. 

[allan1351]

Hey All

Just want to say, I kindly appreciate all your help and guidance. Which keeps me sane....lol

Gastone

eben says gathering evidence.....lol.....should say....what's evidence?????  

[allan1351]

Hey Gastone

My first letter from Voc Rehab says I'm entitled to chapter 31...then had my meeting...Then received letter stating: A determination that it is not feasible for you to benefit from a program designed to return you to gainful employment at this time.Then just advises me of my appeal rights......I hope this is a good letter....Allan   Hey Buck and others...Is this what the letter should say?

 

Edited January 23, 2016 by allan1351
add more infor

[Gastone]

As AskNod said, a request for "Recon" by yourVSO might do the trick, especially since the Denial Decision was mid 12/15.

Not sure how your VARO is set up, my VSO office is on the same floor of the Fed Bldg as the RO.It might not be out of the question for your VSO MFIC or other Sr VSO Rep, to stroll down the hall and have a discussion with your actual Rater, regarding the Voc Rehab Denial Letter. Worth a try, right!

If that doesn't work, submitting a Sworn Affidavit outlining the content of the Voc Rehab Denial Letter as well as an additional copy of the letter, might get a N & M Evidence Review by a DRO or Sr Rater. Be sure to get your signature on the "SA," Notarized. 

If none of the above gets a (speedy ???) reversal, filing the NOD based on your Voc Rehab letter's status as N & M Evidence, is waiting in the wings. How long do you wait, judgment call? DRO Hearings 2+ yrs, Reviews 1+ yrs approximate wait time. My DRO Hearing took 4.25 yrs 06/14. During that time, I had submitted N & M Evidence, never received the Sr Rater or DRO Review mandated by the RO Receipt of the N & M Evidence.

Semper Fi

[allan1351]

Hey Gastone

Thanks and also know my deadline date for filing appeal is May 14,2016...I did ask the VSO if she could hand carry the thing upstairs and of course she said no......I also filed the Voc Rehab letter on Dec 18,2015 and filed as new&material evidence.....got no response.....I'm in the St Pete office and I have no faith in them at all!!!!!